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Law School Culture And The Lost Art Of Collaboration: Why Don't Law Professors Play Well With Others, Michael I. Meyerson

All Faculty Scholarship

I have an Erdős number. Specifically, I have an Erdős number of 5. For the uninitiated, the concept of an “Erdős number” was created by mathematicians to describe how many “degrees of separation” an author of an article is from the great mathematician Paul Erdős. If you coauthored a paper with Erdős, you have an Erdős number of 1. If you coauthor a paper with someone with an Erdős number of 1, you have earned an Erdős number of 2. Coauthoring a paper with someone with an Erdős number of 2 gives you an Erdős number of 3, and so …

There Is No Such Thing As Litigation: Access To Justice And The Realities Of Adjudication, Robert Rubinson

All Faculty Scholarship

Does a "contest by judicial process" describe litigation's "means and applications"? Overwhelmingly, no. Litigation is not about judges: it is about default judgments, settlements, plea bargains. It sometimes does not even involve judges at all. Litigation is not about trials: the amount of litigation that goes to trial is infinitesimal. It is not about "process": the process is so minimal that to dignify it with that term stretches the word beyond recognition. It is not a "contest": it is an exercise where one side has no plausible chance of winning, especially since that side either has no lawyers or lawyers …

The Holmes School Of Law: A Proposal To Reform Legal Education Through Realism, Robert Rubinson

All Faculty Scholarship

This article proposes the formation of a new law school, the Holmes School of Law. The curriculum of the Holmes School would draw upon legal realism, particularly as articulated by Oliver Wendell Holmes. The proposed curriculum would focus on educating students about "law in fact"—how law is actually experienced. It rejects the idea that legal education should be about reading cases written by judges who not only bring their own biases and cultural understandings to their role, but who also ignore law as experienced, which, in the end, is what law is. This disconnect is especially troubling because virtually all …

Poverty, Dignity, And Public Housing, Jaime Alison Lee

All Faculty Scholarship

Antipoverty efforts are persistently subverted by broad societal contempt for poor people. The belief that poor people are morally and behaviorally inferior, and that their personal failings are the cause of their own poverty, is a staple of American opinion polls and political rhetoric. This presumption is so widespread that it even permeates antipoverty programs, which treat poor people with disdain even as they offer aid and assistance.

Income discrimination creates not just social stigma, but legal inequalities. The Supreme Court recognized some forty years ago that welfare law promoted wealth-based Constitutional inequalities, and responded by invoking the doctrines of …

Relationships Between Law Enforcement Officer-Involved Vehicle Collisions And Other Police Behaviors, John Andrew Hansen

Theses and Dissertations

Specialization and versatility regarding officer negative outcomes have different implications for agency policies and practices. Versatility suggests interventions that address several problematic behaviors, while specialization may necessitate more targeted interventions. If officers who engage in one form of negative behavior are also more likely to be involved in other undesired outcomes than co-monitoring behaviors via early intervention systems or other mechanisms may be an effective means of identifying problematic officers. The threat posed by officer-involved motor vehicle collisions to the safety of police and the public has received increased attention from practitioners and researchers in the past decade or so. …

Evaluating The Social Control Of Banking Crimes: An Examination Of Anti-Money Laundering Deficiencies And Industry Success, Erin M. Mulligan

USF Tampa Graduate Theses and Dissertations

Money laundering is a serious crime with potentially wide ranging consequences that have numerous implications for criminological research. However, criminology rarely explores this crime, nor its potential impact on other more central crimes of interest (e.g. drug trafficking or organized crime). The present study adds to a limited body of literature examining money laundering from a criminological perspective, evaluating aspects of its regulation and social control within the banking industry. Several aspects of regulatory oversight and company dynamics such as fine/settlement size, company size, and the likelihood of non-AML/OFAC violations to predict future AML/OFAC violations were evaluated. These analyses largely …

Thirty Year Follow-Up Of Juvenile Homicide Offenders, Norair Khachatryan

USF Tampa Graduate Theses and Dissertations

Killings by juvenile offenders have been a matter of concern in the United States since the 1980s. Although the rate of juvenile-perpetrated murders has been declining since the 1990s, it remains problematic, in that juvenile offenders account for approximately 10% of all homicide arrests. Research on recidivism of juvenile homicide offenders (JHOs) is important, due to relatively short follow-up periods in prior studies and a recent Supreme Court ruling that struck down mandatory life sentences without the possibility of parole for juveniles convicted of murder. The present study was designed to explore long-term patterns of recidivism, and particularly violent recidivism, …

Exploring The Interactive Effects Of Social Learning Theory And Psychopathy On Serious Juvenile Delinquency, Brandy Barenna Henderson

USF Tampa Graduate Theses and Dissertations

Social learning theory continues to be one of the most enduring theories of crime. Psychological criminology, on the other hand, tends to explain crime in terms of behavioral propensities. This research is specifically focused on the generality of social learning theory as it varies across a measure of criminal propensity- in this case, psychopathy. Prior studies have tested various theories with the use of measures of propensity, but the theory is rarely social learning, and the measure of propensity has never been psychopathy. The current study examines three components of social learning theory (definitions, differential association, and differential reinforcement) to …

Predictors Of Prison-Based Drug Treatment In Illinois, Erin Elizabeth Sneed

Master's Theses

This study identifies the inmate characteristics that are predictive of accessing prison-based substance abuse treatment services in Illinois. Substance abuse treatment has shown to effectively reduce recidivism; however, only a small proportion of those in need of treatment have access to it. This study found that of the roughly 50% of inmates who were recommended for treatment, only 16.6% received treatment in prison. Bivariate and multivariate analyses confirmed that being a female inmate who was more educated, not gang-affiliated, had fewer prior arrests, and who was serving between 6-30 months in custody were the most likely to receive treatment. The …

Returning Citizens? The Path From Prison To Politics Among The Formerly Incarcerated, Quintin A. Williams

Master's Theses

This project examines the experiences of a group of formerly incarcerated persons involved in community organizing efforts for felon empowerment. Scholarly works often focus on what is being done on behalf of the formerly incarcerated, this work highlights how men and women with records advocate for themselves. Drawing on 18 months of participant observation and 18 in-depth interviews with a Chicago based group called FORCE (Fighting to Overcome Records and Create Equality) I found that meanings of redemption were essential to advocacy and operated as an imperative. The redemption imperative both constrained and enabled advocacy. It constrained advocacy in its …

Social Policy Shifts And The Relationship Between Snap Workers And Their Clients, Latrese Annette Monden

Master's Theses

In an effort to better understand how federal social policy changes shape the ways in which public service workers assist their clients in obtaining food benefits through Supplemental Nutrition Assistance Programs (SNAP), previously known as food stamps, this study uses ethnography and interviews to capture the experiences of workers and their clients. Specifically, it examines how public service workers implement new policies while maintaining their professional identities and responding to the mission of their organization. These goals may be in tension. The key findings are that workers do not resist changes in policy because of the limitations of their job …

Outsourcing, Data Insourcing, And The Irrelevant Constitution, Kimberly L. Wehle

All Faculty Scholarship

No abstract provided.

Sentencing The Wolf Of Wall Street: From Leniency To Uncertainty, Lucian E. Dervan

Law Faculty Scholarship

This Symposium Article, based on a presentation given by Professor Dervan at the 2014 Wayne Law Review Symposium entitled "Sentencing White Collar Defendants: How Much is Enough," examines the Jordan Belfort (“Wolf of Wall Street”) prosecution as a vehicle for analyzing sentencing in major white-collar criminal cases from the 1980s until today. In Part II, the Article examines the Belfort case and his relatively lenient prison sentence for engaging in a major fraud. This section goes on to examine additional cases from the 1980s, 1990s, and 2000s to consider the results of reforms aimed at “getting tough” on white-collar offenders. …

The Evidentiary Rules Of Engagement In The War Against Domestic Violence, Erin R. Collins

Law Faculty Publications

Our criminal justice system promises defendants a fair and just adjudication of guilt, regardless of the character of the alleged offense. Yet, from mandatory arrest to "no-drop" prosecution policies, the system's front-end response to domestic violence reflects the belief that it differs from other crimes in ways that permit or require the adaptation of criminal justice response mechanisms. Although scholars debate whether these differential responses are effective or normatively sound, the scholarship leaves untouched the presumption that, once the adjudicatory phase is underway, the system treats domestic violence offenses like any other crime.

This Article reveals that this presumption is …

Catalog 2015-2016, University Of North Florida

UNF Course Catalogs

No abstract provided.

The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond

Cardozo Journal of Equal Rights & Social Justice

Specialty sex offense courts are a nascent judicial innovation that seek to improve general public safety by reducing recidivism. Decreased recidivism results from swifter, personalized, experienced, and consistent judicial action that encourages sex offenders to take more responsibility and seek rehabilitative assistance. In these specialized courts, communities of stakeholders work collaboratively to prevent future crime. Although somewhat counterintuitive, specialty courts that offer such intensive and specific attention are often more cost effective and efficient than their traditional counterparts are. This Article posits that sex offense courts should be expanded beyond the handful of jurisdictions where they currently exist, not only …

Gendering The Compliance Agenda: Feminism, Human Rights And Violence Against Women, Megan Louise Pearce

Cardozo Journal of Equal Rights & Social Justice

The article argues that while the due diligence standard in international human rights law has been a significant step forward in addressing violence against women, it has not yet delivered real change. The gap between legal promise and reality persists, and the article contends that addressing this gap requires integrating feminist insights into compliance theories. By applying feminist critiques to these theories, the article seeks to illuminate why the due diligence standard has been ineffective in eliminating violence against women and to highlight areas for future research.

Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert Hardaway

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges posed by the Supreme Court's decision in Crawford v. Washington to domestic violence prosecutions, particularly the increased difficulty in admitting victims' prior statements. It proposes a novel solution: a prompt post-arrest confrontation hearing that allows defendants to cross-examine witnesses shortly after arrest. This procedure aims to balance the defendant's Sixth Amendment right to confrontation with the need to protect victims from intimidation and ensure the admissibility of testimonial evidence at trial.

Early Primary Care Physician Contact And Health Service Utilisation In A Large Sample Of Recently Released Ex-Prisoners In Australia: Prospective Cohort Study, Jesse T. Young, Diane Arnold-Reed, David Preen, Max Bulsara, Nick Lennox, Stuart A. Kinner

Medical Papers and Journal Articles

Objective To describe the association between ex-prisoner primary care physician contact within 1 month of prison release and health service utilisation in the 6 months following release.

Design A cohort from the Passports study with a mean follow-up of 219 (±44) days post release. Associations were assessed using a multivariate Andersen-Gill model, controlling for a range of other factors.

Setting Face-to-face, baseline interviews were conducted in a sample of prisoners within 6 weeks of expected release from seven prisons in Queensland, Australia, from 2008 to 2010, with telephone follow-up interviews 1, 3 and 6 months post release.

Participants From an …

Variations In Specialized Policing Response Models As A Function Of Community Characteristics- A Survey Of Crisis Intervention Team Coordinators, Anna M. Young

Theses and Dissertations

Although a specific program called the Crisis Intervention Team (CIT) has been generally recognized as the best-practice model that addresses the needs of the police officers in responding to mental health calls, many jurisdictions across the country have not only adopted the full CIT model but also have taken the liberty of adding new components and/or removing components of the original model in order to create a unique program that fits the needs of their individual community. The issue of differentiated adaptations of the original CIT model has created a controversy around best practice in the area of police response …

Efficiency Of Unified Vs. Non-Unified State Judiciaries: An Examination Of Court Organizational Performance, William Raftery

Theses and Dissertations

State court systems function in much the same manner as any other government agency in terms of organization and management to utilize public resources in order to provide a public service. The question posed in the late 19th century was whether the courts should be organized and managed as they had been for centuries as local entities locally controlled and operated or transferred to the state level. The desired end was a more efficient use of public resources to achieve faster disposition of cases. This reorganization, called unification, was made up of three individual components: 1) consolidation required the reduction …

Individuals With Fetal Alcohol Spectrum Disorder: Predictive Factors For Successful Occupational Performance, Mary Culshaw

Theses and Dissertations

As awareness and diagnoses of FASD grow in Canada, there is increased need to support these individuals across their lifespan. One study suggested the prevalence of FASD may be as high as 10 per 1000 births (May & Gossage, 2001). The impact to society is growing as well, since this population requires support across their lifespan due to cognitive and sometimes physical impairments. It was estimated that the annual cost to Canadians was $53 billion (in 2007 dollar value) to support individuals aged 0-53 years (Stade et al., 2009). There is mounting evidence identifying the cognitive and physical impairments that …

Therapist Adherence To Cognitive Behavioral Therapy For Anxious Youth Across A Case, Julia R. Cox

Theses and Dissertations

The field has developed many evidence-based treatments (EBTs); the integrity of EBTs being delivered, however, has been studied less than rigorously. Because many treatment manuals are developed to be delivered session-by-session, one way to assess treatment adherence, specifically, is across the course of the case: do therapists deliver treatment components in the order prescribed? The goals of this study were to characterize how therapists deviate from prescribed order and how adherence to order relates to child characteristics. Therapy process data were collected from a subsample of children (N = 33, aged 7-15) that received cognitive behavioral therapy (CBT) to address …

Sex Offender Management Policies And Their Unintended Cosequences: A National Survey Of The Perceptions Of Professionals, Corey Call

Theses and Dissertations

The mid-1990s brought sex offenders to the forefront of policy issues due to several highly publicized cases of abduction, sexual assault, and murder involving children. Following these cases, a number of sex offender management policies were passed to quell public concern over the safety of children due to sex offenders. Most notably, these new sex offender management policies mandated the creation of publicly available registries of sex offenders and enacted residence restrictions that forbid sex offenders from residing within certain distances from areas where children commonly congregate.

Although current sex offender management policies have been revealed to be largely ineffective …

Measuring Mental Health Provider Stigma: The Development Of A Valid And Reliable Self-Assessment Instrument, Jennifer L.K. Charles

Theses and Dissertations

Provider-based stigma is defined as the negative attitudes, beliefs, and behaviors of mental health providers toward clients they serve. Often unintentional and unknowingly conveyed, this phenomenon has been indicated in previous research (e.g. Lauber, Nordt, Braunschweig, & Rössler, 2006; Nordt, Rössler, & Lauber, 2006; Hugo, 2001; Schulze, 2007). Other instruments crafted to measure provider stigma have utilized theory in their development, without incorporating the voice of the client (e.g. Wilkins & Abell, 2010; Kennedy, Abell, & Mennicke 2014). To better address the social injustice posed by provider stigma, the profession requires a valid and reliable measure, guided by theory, which …

Gender And Representative Bureaucracy: The Career Progression Of Women Managers In Male-Dominated Occupations In State Government, Velma J. Ballard

Theses and Dissertations

The tenets of representative bureaucracy suggest that the composition of the bureaucracy should mirror the people it serves including women in order to influence the name, scope, and implementation of public policies. Women are still underrepresented in mid-to-upper management in male-dominated occupations. When women are under-represented in mid-to-upper levels of management in government, there are implications regarding representative bureaucracy.

This study examined the career progression experiences of women who were successful in reaching mid-to-upper levels of management in male-dominated occupations in state government. Specifically, the study explored how women perceive various occupational factors including their rates of participation, experiences, gender, …

One Script, Two Perspectives: Generation Me And The Staging Of Really Really, Kirstin R. Hensley

Theses and Dissertations

Really, Really, by Paul Downs Colaizzo, is loosely based on the 2006 Duke University sexual assault scandal resulting from what proved to be a false accusation of rape made against three members of the men’s lacrosse team. After individually reading the play, Jorge Burmudez and I both arrived at differing opinions of who was the true victim, in turn inspiring this thesis, which is an exploration of two separate productions of the play demonstrating contrasting perspectives/outlooks regarding sex crimes within sports organizations in the university setting. It will describe our process from conceptualization to a post-mortem talking about particular …

The Supreme Court And The Rehabilitative Ideal, Chad Flanders

All Faculty Scholarship

Graham v. Fl,orida,¹ the Supreme Court's 2010 decision finding a life without parole sentence for a non-homicide crime committed by a juvenile "cruel and unusual' ' has rightly been recognized as a "watershed."² A major focus of the extensive commentary on the case has been on its application of the "evolving standards of decency'' test to a punishment outside of the death penalty, and to whether Graham might apply also to adults.³ Equally important in Graham, but subject to comparatively less critical attention,⁴ is the central role that the rehabilitative theory of punishment plays in its …

Our Uneasiness With Police Unions: Power And Voice For The Powerful?, Marcia L. Mccormick

All Faculty Scholarship

The police shooting of Michael Brown, and the other recent police shootings of black men and boys, gave rise to many important discussions about race, inequality, power, and policing. But one issue not as widely discussed was the the role and propriety of police unions. This Essay describes the history and uniqueness of public sector unions, such as police unions, and why they are both useful and problematic.

This Essay describes ways police unions might be used to help solve the current problems, such as helping to connect officers with the community. The Federal and State governments have provided recommendations …

Law School Culture And The Lost Art Of Collaboration: Why Don’T Law Professors Play Well With Others?, Michael I. Meyerson

Nebraska Law Review

I. Introduction

II. Erdös Numbers and the Creation of a Culture of Collaboration … A. Paul Erdös and Erdös Numbers … B. Collaboration and the Mathematical Culture

III. Understanding the Legal Academy’s Individualistic Culture … A. The Hidden Cost of Individualism … B. The Solitary Legal Scholar … C. Collaboration in Other Academic Fields … D. Explaining Differing Rates of Collaboration

IV. Creating a Law School Culture of Collaboration … A. Recognizing the Lost Benefits of Collaboration: Law Faculty … B. Recognizing the Lost Benefits of Collaboration: Law Students … C. Changing the Law School Culture ... D. What the …