Digital Commons Network^™

Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch

Seattle University Law Review

Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …

Research Digest - November 2015, Division Of Public Health Sciences, Department Of Surgery, Washington University School Of Medicine In St. Louis

Newsletters from the Division of Public Health Sciences

No abstract provided.

Ovcs Newsletter November 2015, Brian Damacio, Mari Izoteco

Community Partnerships Newsletters

No abstract provided.

Reveille (Issue 26), Csusb Veterans Success Center

Reveille newsletter

Look What's Inside...

• News From Your Certifying Official
• Order Your Graduation Stoles!
• Vet Hunter
• Marine Corps Ball Nov. 20
• Free Tutoring!
• PDC VSC
• SVO Volunteer Events
• Welcome New Students!

Honors Oracle, November 2015, Marshall University Honors College

Honors Oracle

Marshall University’s Honors College newsletter

The Cooper Library Book Stack Art Installation Project, David Detrich

About the Project

A compilation of the projects, concepts, and locations.

“There’S Still That Window That’S Open”: The Problem With “Grit”, Noah Asher Golden

Education Faculty Articles and Research

This narrative analysis case study challenges the education reform movement’s fascination with “grit,” the notion that a non-cognitive trait like persistence is at the core of disparate educational outcomes and the answer to our inequitable education system. Through analysis of the narratives and meaning-making processes of Elijah, a 20-year-old African American seeking his High School Equivalency diploma, this case study explores linkages among dominant discourses on meritocracy, opportunity, personal responsibility, and group blame. Specifically, exposition of the figured worlds present in Elijah’s narratives points to the attempted obfuscation of social inequities present in the current educational reform movement and our …

Access Denied: Barriers For Unauthorized Immigrants Pursuing The American Dream, Kristin Mcmillen

OCCUPATION: A Medium of Inquiry about Health through Occupation

Millions of immigrants from all around the world are living in the United States without legal authorization. Most have come in search of a better life for themselves or their children, with the belief that through enough hard work, they can achieve the “American Dream.” However, upon arrival, many unauthorized immigrants face cultural, economic, and political barriers that limit their opportunities for community participation and lead many individuals to live their lives in fear. This paper aims to: (a) explore the barriers encountered by unauthorized immigrants in the United States; (b) consider the occupational significance of these barriers; and (c) …

Demystifying The Welfare State: The Case Of The Republic Of Moldova, Claudette M. Sevcenco

College of Liberal Arts & Social Sciences Theses and Dissertations

During the communist era, Eastern Europe and the Union of Soviet Socialist Republics (USSR) shared a similar welfare system in which welfare states were part of an inseparable political and economic system controlled by a totalitarian power i.e., the Communist Party. After the fall of the USSR, in 1989, an end to social provision led to a massive recession that created pressures within the welfare state system. Despite similar pre-transition welfare state structures, the newly independent countries drastically diverged in how they developed their welfare state: some began pursuing integration into the European Union (EU) while others remained uncertain of …

Uni Grad Student News, V13n4, November 2015, University Of Northern Iowa. Graduate College.

UNI Grad Student News

Inside this issue:

-- Message from the Dean
-- Current Faculty Profile: Richard Glockner
-- Current Student Profile: Vanessa McNeal
-- Alumni Profile: Stephanie Johnson
-- Health, Physical Education, & Leisure Services Luncheon
-- Intercollegiate Academic Fund
-- Personality Predictors of Prosocial Personality Across the United States & India
-- 2015 Graduate Student Social Mixer
-- Alumni Profile: Elliott L. Hofts
-- UNI Geography Students Win the Graduate Student Poster Competition at Regional Geography Meeting
-- Graduate Student Advisory Board Meeting
-- Brown Bag Lecture Series: October: The Inferno
-- Graduate College Staff and Contact Information

Factors Influencing The Impact Of Aggressive And Violent Media On Children And Adolescents, Ashlee M. Wiedeman, Jacqueline A. Black, Autumn L. Dolle, Emmanuel J. Finney, Kendell L. Coker

Psychology Faculty Publications

The influence of aggressive and violent media on children and adolescents has been a topic of concern for several decades. Research on this topic has suggested that both short term and long term exposure to aggressive/violent media can negatively impact this population. The purpose of this literature review is to discuss relevant research on the topic and examine various factors that may impact the risk of being influenced by this type of media. These factors can include time spent viewing media, content of the media viewed, gender, age, psychological characteristics, family, and peers. Various theoretical approaches to explaining the influence …

Scholarworks Statistics - November 2015, Scholarworks

ScholarWorks Reports

For the month of November 2015, ScholarWorks recorded a total of 28,071 full-text and additional file downloads and 13,410 page views.

Addressing Campus Sexual Assault Awareness Through Service Learning, Eileen J. Coussens

VA Engage Journal

ABSTRACT

This essay focuses on a Service Learning project which a group of students from my Advanced Composition class at Old Dominion University participated in regarding sexual assault awareness on college campuses. Throughout our class, we learned what Service Learning projects consist of and used what we learned to form our own proposals for projects that would reach from the classroom to the surrounding area to address community issues. We have written about our experiences with this Service Learning project in a reflective essay which acts as our final exam. In doing this, we also have attained our course goals …

November 2015 Issue, Occupation: A Medium Of Inquiry For Students, Faculty & Other Practitioners Advocating For Health Through Occupational Studies

OCCUPATION: A Medium of Inquiry about Health through Occupation

No abstract provided.

Prohibition’S Lingering Shadow: Under-Regulation Of Official Uses Of Force, Wesley M. Oliver

Missouri Law Review

Grand jury determinations that officers would face no charges in the shooting death of Michael Brown or in the choking death of Eric Garner sparked controversy and riots. This is, of course, a challenge to the ability of the criminal justice system’s ability to resolve society’s most contentious issues. Highly contentious racial issues have long defied resolution through deliberative processes, even though the law strives to achieve outcomes that will be viewed as legitimate. Poorly defined rules of criminal procedure, however, have contributed to judicial resolutions that the public finds unsatisfactory. Our constitutional scheme for regulating police – which traces …

Vox Populi: Robert Mcculloch, Ferguson, And The Roles Of Prosecutors And Grand Juries In High-Profile Cases, Frank O. Bowman Iii

Missouri Law Review

The decisions of St. Louis County Prosecuting Attorney Robert McCulloch during the grand jury investigation of the shooting of Michael Brown by Officer Darren Wilson in Ferguson, Missouri, have been criticized on a variety of grounds. In an article written for a Missouri Law Review symposium on the shooting and its aftermath, titled “‘No, You Stand Up’: Why Prosecutors Should Stop Hiding Behind Grand Juries,” Professor Ben Trachtenberg takes Mr. McCulloch to task for allowing the grand jury to deliberate without making a recommendation about whether charges should be filed. Professor Trachtenberg asserts that, at the close of the evidentiary …

Building Trust And Breaking Down The Wall: The Use Of Restorative Justice To Repair Police-Community Relationships, Laura Merkey

Missouri Law Review

The town of Ferguson, Missouri, captured national attention when a grand jury failed to indict Darren Wilson, a white police officer who shot and killed Michael Brown, an unarmed black teenager, three months prior. Similar citizen deaths involving police in both New York City and Cleveland have magnified the tensions felt across the country, and in many cities and communities, the community-police relationships are rapidly becoming untenable. Baltimore, Maryland, is a prime example; protests, riots, and an atmosphere of mistrust pervaded the city for months after the deaths of Michael Brown, Eric Garner, and Tamir Rice. The situation was, simply …

The Death Penalty On The Streets: What The Eighth Amendment Can Teach About Regulating Police Use Of Force, Jelani Jefferson Exum

Missouri Law Review

This Article offers punishment as another lens through which to view police force. The Supreme Court has consistently rejected arguments that the Eighth Amendment is the appropriate vehicle for dealing with excessive police force claims.5 However, reconceptualizing the use of deadly force by police officers as punishment provides a new understanding of the gravity of deadly police force and adds necessary substance to the reasonableness analysis. When police force is likened to punishment, the use of fatal force by police officers can be considered the administration of the death penalty on the streets, absent the procedural protections and focus on …

The Missouri Felony Murder Rule’S Merger Limitation: A Doctrine In Limbo, Jared Guemmer

Missouri Law Review

Unfortunately, recent case law in Missouri obliterated the merger doctrine. This Note aims to expose the faulty reasoning applied by Missouri courts in abrogating the merger doctrine. In Part II, this Note will summarize the history of the merger doctrine, both generally and in Missouri. Then, Part III highlights the recent developments in Missouri law regarding felony murder and the merger doctrine. In Part IV, this Note discusses the purpose of the merger doctrine, the rules of interpretation regarding Missouri’s felony murder provision, and why Missouri courts incorrectly decided the merger doctrine no longer functions as a valid legal theory …

Ferguson And Police Use Of Deadly Force, Richard Rosenfeld

Missouri Law Review

The killing of Michael Brown, an unarmed black teenager, by Darren Wilson, a white police officer in Ferguson, Missouri, sparked widespread protests in the St. Louis area and across the nation. Protests and civil unrest resumed after a St. Louis County grand jury declined to indict the police officer.2 Protesters and commentators raised several issues related to the Ferguson incident and police use of deadly force. This Article addresses four of those issues: (1) Why Ferguson? (2) Did the Ferguson killing and ensuing civil unrest increase crime rates in St. Louis? (3) What is known about police use of deadly …

Ferguson: Footnote Or Transformative Event?, S. David Mitchell

Missouri Law Review

“Ferguson.” No longer does this name simply represent the geographical boundaries of a city in St. Louis County formed initially by white flight from St. Louis City and that has become increasingly African American over time. It has come to represent so much more.

One More Call To Respect The Time Of Grand Jurors, Ben L. Trachtenberg

Missouri Law Review

This Article replies briefly to the robust response that Professor Frank O. Bowman III submitted in answer to my earlier contribution to this Issue.

Fourth Amendment Fiduciaries, Kiel Brennan-Marquez

Fordham Law Review

    Fourth Amendment law is sorely in need of reform. To paraphrase Justice Sotomayor’s concurrence in United States v. Jones, the idea that people have no expectation of privacy in information voluntarily shared with third-parties—the foundation of the widely reviled “third-party doctrine”—makes little sense in the digital age.

    In truth, however, it is not just the third-party doctrine that needs retooling today. It is the Fourth Amendment’s general approach to the problem of “shared information.” Under existing law, if A shares information with B, A runs the risk of “misplaced trust”—the risk that B will disclose the information to law …

Enforcing Immigration Equity, Jason A. Cade

Fordham Law Review

    Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as an adjudicative tool has vested a new and critical responsibility in enforcement officials to implement rigid immigration rules in a normatively defensible way, primarily through the use of prosecutorial discretion. This Article contextualizes recent executive enforcement actions within this scheme and argues that the Obama Administration’s targeted use of limited enforcement resources and implementation of initiatives such as Deferred Action for …

Academics: The Newsletter Of The Swosu College Of Arts And Sciences, Peter Grant

aCAdemicS: The Newsletter of the SWOSU College of Arts & Sciences

No abstract provided.

Marriage Equality And The New Maternalism, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Setting The Stage For Ferguson: Housing Discrimination And Segregation In St. Louis, Rigel C. Oliveri

Missouri Law Review

The history of St. Louis is replete with discriminatory housing laws, policies, and practices: racially restrictive covenants, redlining, blockbusting and white flight, and exclusionary zoning. While these were common in virtually every part of the United States, they were particularly egregious, widespread, and pervasive in industrial Midwestern cities like Chicago, Detroit, and St. Louis – which saw a large influx of blacks migrating from the south at the close of the nineteenth century. In fact, three of the most foundational housing cases originated in St. Louis. When we look closely at these cases – not just the legal principles that …

No, You “Stand Up”: Why Prosecutors Should Stop Hiding Behind Grand Juries, Ben L. Trachtenberg

Missouri Law Review

This Article argues that prosecutors should not allow grand juries to consider indicting defendants whom the prosecutors themselves believe should not be indicted. To illustrate the problems with this practice, this Article uses the example of St. Louis County Prosecutor Robert P. McCulloch – who encouraged deliberations by the grand jury that heard evidence concerning the shooting death of Michael Brown in Ferguson, Missouri, despite personally believing that Brown’s killer, police officer Darren Wilson, should not be indicted. The arguments against allowing grand juries to conduct such needless deliberations include: (1) the exercise wastes the time of citizens forced to …

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Faculty Publications By Year

No abstract provided.

Nationalism And The Rule Of Law: Lessons From The Balkans And Beyond, Joseph L. Derdzinski

International Dialogue

The “classic” debate in contemporary comparative politics is over what matters more in shaping political behavior: culture or institutions. The clear answer is that both are important, it’s just that their relative import depends to a large degree on contextual, temporal factors. Iavor Rangelov seeks to straddle—or bridge?—the two theoretical orientations, demonstrating the iterative lives between institutions and society. Rangelov addresses the eternal (or, at least, for the past couple of decades) question: do institutions really matter in emerging democracies? Or, do other intrinsic factors determine democracy’s course? Privileging the rule of law, Rangelov, through three cases from the Balkans, …