Digital Commons Network^™

Coordination And Conflict: The Persistent Relevance Of Networks In International Financial Regulation, Robert B. Ahdieh

Faculty Scholarship

Over the last two decades, scholarly enthusiasm about transnational regulatory networks has seen something of a boom-and-bust cycle. Such networks – informal groupings of mid-level national officials, convened to develop nonbinding “soft law” norms of behavior in specialized fields of regulation – were identified as an important new phenomenon, were studied widely, and came to be seen as central pillars of the international legal order, especially in financial regulation. Yet today, regulatory networks go largely unmentioned in polite academic conversation: a kind of “he-who-must-not-be-named” of international law.

Among the many critiques of transnational networks that have contributed to this decline …

Occupying The Constitutional Right To Housing, Lisa T. Alexander

Faculty Scholarship

The United States does not recognize a formal legal right to housing. Yet, the right to housing is alive in America. Using qualitative interviews and case studies, this Article is the first to argue that recent American housing rights movements, such as the Occupy Movements, Take Back the Land movements, and Home Defenders’ League, give legal meaning to an American constitutional right to housing. These social movements represent the right to housing in American law when they occupy and retain vacant and real estate–owned homes, defend home owners and renters from illegal evictions and foreclosures, encourage municipalities to use eminent …

Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement, Amber Baylor

Faculty Scholarship

Defense attorneys are well acquainted with the ill-considered and extreme use of solitary confinement in local jails. Isolation is one of many problems clients face while locked up in jail awaiting trial. Other common conditions of pretrial confinement include lack of mental health treatment, inadequate medical care, violence from corrections staff, and lack of protection from the violence of others. "Owing time", a recently dismantled practice, is just one example of jails' frivolous use of extreme isolation practices. At times, youth in the juvenile facility at Rikers were placed in solitary so often that there was a waitlist at the …

An Overlooked Key To Reversing Mass Incarceration: Reforming The Law To Reduce Prosecutorial Power In Plea Bargaining, Cynthia Alkon

Faculty Scholarship

The need to “do something” about mass incarceration is now widely recognized. When President Obama announced plans to reform federal criminal legislation, he focused on the need to change how we handle non-violent drug offenders and parole violators. Previously, former Attorney General Eric Holder announced policies to make federal prosecutors “smart on crime.” These changes reflect, as President Obama noted, the increasing bipartisan consensus on the need for reform and the need to reduce our incarceration rates. However, proposals about what to reform, such as President Obama’s, tend to focus on some parts of criminal sentencing and on prosecutorial behavior …

Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol

Faculty Scholarship

On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …

Resentencing In The Shadow Of Johnson V. United States, Leah Litman

Articles

On June 26, 2015, the Supreme Court handed down a decision many years in the making—Johnson v. United States. Johnson held that the ‘‘residual clause’’ of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Although Johnson may have been overshadowed in the final days of a monumental Supreme Court term, the decision is a significant one that will have important consequences for the criminal justice system. ACCA’s residual clause imposed a severe 15-year mandatory minimum term of imprisonment, and many federal prisoners qualify for ACCA’s mandatory minimum. Johnson did away with ACCA’s residual clause such that defendants will no …

Center For Geospatial Studies Newsletter. 2015 No.6 (October), Minnesota State University Moorhead, Center For Geospatial Studies

Geospatial Center Newsletters

No abstract provided.

Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa A. Daum Shanks

Articles & Book Chapters

For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …

2015-October-01-Erika Hale, University Marketing And Communications, East Tennessee State University

ETSU News

No abstract provided.

From Wmd To Wme: An Ever-Expanding Threat Spectrum, Bowman H. Miller Ph.D.

Journal of Strategic Security

One of the challenges the United States and its intelligence community confronts today, if not the foremost challenge, is the girth of its national security problem set. The array of threat types, as well as the potential sources of those threats, is unprecedented and growing. The burdensome task for intelligence at all times, but especially given the present rate of change and the increasing porosity of borders, is to try to cope with an escalating mix of challenges and rising expectations of what intelligence can provide. Existing tasks persist; they are not replaced. The number and types of potentially threatening …

Frequently Asked Questions About Open Access@Sacred Heart University, Zachariah Claybaugh, Chelsea Stone

Librarian Publications

In academia, Open Access (OA) offers the possibility of saving time and lowering costs for faculty and students. Lesson plans, textbooks, journal access, etc. are just a few examples of how OA is aiming to change the dynamic in universities around the world.

Federal Trial Judges: Dealing With The Real World, Jack B. Weinstein

University of Miami Law Review

No abstract provided.

Evidentiary Rulings As Police Reform, Seth Stoughton

University of Miami Law Review

No abstract provided.

The Association Between Mental Health And Violence Among A Nationally Representative Sample Of College Students From The United States, Joesph A. Schwartz, Kevin M. Beaver, J. C. Barnes

Criminology and Criminal Justice Faculty Publications

Objectives

Recent violent attacks on college campuses in the United States have sparked discussions regarding the prevalence of psychiatric disorders and the perpetration of violence among college students. While previous studies have examined the potential association between mental health problems and violent behavior, the overall pattern of findings flowing from this literature remain mixed and no previous studies have examined such associations among college students.

Methods

The current study makes use of a nationally representative sample of 3,929 college students from the National Epidemiologic Study on Alcohol and Related Conditions (NESARC) to examine the prevalence of seven violent behaviors and …

Canadian Constitutional Identities, Eric M. Adams

Dalhousie Law Journal

Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …

Criminal Law And The Counter-Hegemonic Potential Of Harm Reduction, Alana Klein

Dalhousie Law Journal

Harm reduction approaches to drug use have been lauded for saving lives, being cost-effective, elevating pragmatism over prohibitionist ideology, being flexible in tailoring responses to the problem, and for their counter-hegemonic potential to empower people who use drugs. This article examines the legal systems engagement with harm reduction, and, in particular,recent cases that incorporate harm reduction s focus on empirical evidence in policy making into Canadian constitutional rights jurisprudence. It argues that harm reduction approaches in this venue may hold promise as a bulwark against some of the marginalizing features of traditional criminaljustice approaches. However, the article also warns of …

Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks

Dalhousie Law Journal

For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …

Identifying Pathways To And Experiences Of Street Involvementthrough Case Law, Suzanne Bouclin

Dalhousie Law Journal

This research explores what can be learned about the experiences of streetinvolved people by reading cases that deal with people characterized on the record as "homeless." The author builds on existing empirical research by reading a large body of cases to discuss pathways to and experiences of street involvement. She proceeds to more closely explore cases regarding people (1) who are identified in the cases as homeless, and (2) find themselves before the courts for having engaged in income generating activities. The author argues that cases constitute knowledge about street involvement in ways that may take us beyond what we …

Dedication: In Memoriam Of Professor Sheri Rosenberg

Cardozo Journal of International and Comparative Law

Volume 24, Issue 1 of the Cardozo Journal of International and Comparative Law is dedicated to the life and memory of Professor Sheri Rosenberg.

Should Prosecutors Blog, Post, Or Tweet?: The Need For New Restraints In Light Of Social Media, Emily Anne Vance

Fordham Law Review

    Prosecutors' extrajudicial speech is not a new problem. Indeed, prosecutors' out-of-court statements to the press and the public at large have been of concern for over a century. Consequently, ethical rules and standards have been implemented to protect defendants from undue reputational harm and to strike a balance between trial participants' right to free speech and defendants' right to due process. Although these rules and standards are periodically revised, they have not yet accounted for the differences between traditional media-for which the rules and standards were written-and social media. Recently, however, prosecutors have used social media to discuss pending cases …

America’S Evolution Of Women And Their Roles In The Intelligence Community, Amy J. Martin

Journal of Strategic Security

The role of women in the Intelligence Community has evolved over time and captures the use of their skills to further assist, perpetuate, and lead intelligence operations globally. This paper serves as a historical overview of some of the techniques of the early female spies and highlights the successes of the modern woman’s contributions to the intelligence mission. Emerging female operations officers often face obstacles: dealing with bias within the bureaucracy, issues of female equality within certain cultures, and experiencing slower rates of promotion. This has meant a lack of females in competitive leadership positions. Female mentors and former intelligence …

Developing A Better Understanding Of The Personal Dimensions Of Working At The Central Intelligence Agency, Hector J. Escobar Iii

Journal of Strategic Security

Working at the Central Intelligence Agency (CIA) is shrouded in mystery. Film, television and fictional spy stories are often the leading sources of information that allow the general public insight into the “spy world.” These often inaccurate depictions not only cause careers at the CIA to be misunderstood, but also create false perceptions of the employees of the CIA. Because of this, the general public—including those interested in pursuing a career within the CIA—is not presented with an accurate view of the personal aspects regarding motives, perceptions, and costs related to working at the CIA. In order to aid those …

Utrgv Commencement – Fall 2015, The University Of Texas Rio Grande Valley

UTRGV Commencement Programs

No abstract provided.

Young, Ralph, Msrc Staff

Manuscript Division Finding Aids

Title: Papers, 1902-1970s Description: 6 linear ft. Notes: Afro-American physician and civil rights leader, of Baltimore, Md. Personal and family papers, correspondence, biographical materials, awards and certificates, writings, and photographs relating to Young's medical and civic work on behalf of Afro-Americans in the East Baltimore community. Includes materials relating to segregation in medicine, education, and recreation. Gift of Lois Young, 1975. Subjects: Afro-American civil rights workers -- Maryland -- Baltimore. lcsh Afro-American physicians -- Maryland -- Baltimore. lcsh Afro-Americans -- Civil rights -- Maryland -- Baltimore. Afro-Americans -- Education -- Maryland -- Baltimore. Afro-Americans -- Medical care -- Maryland -- …

Logan, Rayford W., Msrc Staff

Manuscript Division Finding Aids

Title: Papers, 1917-1980s Description: 44 linear ft.

Notes: Afro-American historian, administrator, author, civil rights activist, and Howard University faculty member. Personal and family papers, teaching materials, correspondence, travel documents, speeches, writings and book reviews, organizational files, subject files, printed materials, photographs, memorabilia, and audiotapes and films, relating to Logan's activities as a scholar and advocate of human rights. Includes materials relating to his association with Alpha Phi Alpha, Howard University, the Peace Corps, and Unesco, and to the preparation of the Dictionary of American Negro Biography (1982). Dictionary of American Negro Biography files restricted. Gift of Michael Winston, 1983.

Subjects: …

Walking Together: Living Fearlessly, Loving Boldy, Anna M. Malone

Student Publications

In this paper, I give an account of my capstone for the Religious Studies major. I tell about the research project-turned-applied-learning, and how my research as a Mellon Summer Scholar ’15 led me to start a prison ministry between Gettysburg students and the Adams County Adult Correctional Complex. I reflect on what I have done, how God has worked, and what I have learned. This is far from a typical research paper; then again, this was far from a typical research project.

On Wings Of Hope, Volume 19, No. 4, Christmas 2015, Phadp, Esther Brown, Ronald Smith Jr, Anthony Boyd, Internal Exiler 33, Earl Mcgahee, "Oracle"

On Wings of Hope

October–December 2016 or Christmas 2016 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

Case Global: Changing Lives Over Spring Break, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 7, #1 (2015)

• Changing lives over spring break (cover)
• Frederick K. Cox International Law Center celebrates 25 year anniversary
• Case Western Reserve’s international law program jumps four spots to No. 11...
• Students in new Human Rights Clinic handle immigration case… (East Africa)
• Brigade Judge Advocate Keith Petty, ‘02 deployed to Liberia… (Ebola epidemic)
• International law curriculum; sequence to success
• CWRU Law’s piracy work culminates in publication of a book…
• Case Western Reserve screens documentary film… (ICTY)
• Case Western Reserve students intern around the world
• Recent Graduate Profiles
• International Law 2014-15 Events Round-up
• News of our International Law Faculty

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

Marquette Law Review

None

It's Not Jim Crow, It's Jail: Questioning The Role Of Race In The Origins Of Punitive Policy, John T. Bennett

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.