Digital Commons Network^™

How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Evaluating The Effectiveness Of A Continuous Client Feedback System For Parolees Referred To Treatment: Benchmarking Treatment Outcomes, Alyssa B. Grossl

Theses and Dissertations--Educational, School, and Counseling Psychology

Objective: The purpose of the present study was to evaluate the effectiveness of a group substance abuse program that incorporated continuous client feedback into treatment for parolees who had been referred to attend by the criminal justice system.

Method: The pre-post treatment outcomes, as measured by the Outcome Rating Scale (ORS; Miller & Duncan, 2000), of 1,112 diverse parolees participating in treatment from October 2014 to January 2015 were analyzed. The most up-to-date benchmarking methodology was utilized to compare treatment outcomes observed in the naturalistic setting with those observed in rigorous randomized controlled trials evaluating the Partners for Change Outcome …

What’S With All The “Hype?”: Racial Discrimination, Racial Identity, Racial Socialization, And Hypermasculinity Among African American Adolescent Males, Christina M.B. Jordan

Theses and Dissertations--Educational, School, and Counseling Psychology

Experiences tied to individual and institutional racism have a long and persistent history of impacting the livelihood of African American people. Some theorists and researchers have argued that African American males have adopted masculine identities that emerged as coping responses to their experiences with racism and oppression (Cunningham, Swanson, & Hayes, 2013; Franklin, 2004; Majors & Bilson, 1992; Spencer, 1995). Younger males, are increasingly demonstrating an exaggerated form of masculinity (hypermasculinity) in response to their environments, particularly those in urban communities, as a coping response (Spencer, Fegley, Harpalani, & Seaton, 2004). The degree to which racial discrimination is related to …

Race, Religion, And Rfra: The Implications Of Burwell V. Hobby Lobby Stores, Inc. In Employment Discrimination, Hanna Martin

Cardozo Law Review de•novo

This Note argues that an employer who wishes to discriminate in hiring based on race—despite contrary federal law—can easily state a claim under the federal or a state RFRA. The plaintiff’s prima facie case will be satisfied if its beliefs are sincere, religiously motivated, and substantially burdened by antidiscrimination laws. This Note also argues that even if the government has a compelling interest in preventing discrimination against employees, in light of the Court’s ruling in Hobby Lobby, the RFRA claimants will still be granted an exemption.

New Models For Prosecutorial Accountability, Ellen Yaroshefsky

Cardozo Law Review de•novo

There has been significant and increasing attention to prosecutorial accountability for misconduct in recent years by courts and disciplinary authorities, in some prosecutors’ offices and by defense organizations, in academia, and of course, in popular media. In great measure, this attention is the result of the remarkable work of the Innocence Project and Innocence networks around the country. It is also the result of awakening to the fault lines in the criminal justice system—such as mass incarceration—and to the disproportionate targeting of black and brown people for arrest and prosecution. Of course, this attention is all exacerbated by the Internet, …

Enforcing Compliance With Constitutionally-Required Disclosures: A Proposed Rule, Emmet G. Sullivan

Cardozo Law Review de•novo

To provide a striking example of the need for a federal disclosure rule, in Part I, I briefly summarize a report on the discovery abuses that occurred in the case of United States v. Theodore F. Stevens. In Part II, I describe efforts beginning in 2003 to amend Rule 16. In Part III, I provide an overview of the local district court disclosure rules and standing orders nationwide. Part III also provides the proposed rule now being considered for adoption by the United States District Court for the District of Columbia.

The Road To Adopting And Implementing Systemic Disclosure Changes In The Dallas County District Attorney’S Office, Susan Hawk, Patricia J. Cummings

Cardozo Law Review de•novo

Discovery and Brady are currently two of the most discussed and debated topics in our criminal justice system. Americans have become more and more aware of the number of individuals convicted and incarcerated for crimes they did not commit. In 2007, in a very bold and innovative move, the Dallas County District Attorney’s Office created the Conviction Integrity Unit (CIU) to reexamine questionable convictions to determine if a particular defendant was in fact guilty.

Too Vast To Succeed,, Miriam H. Baer

Faculty Scholarship

Brandon Garrett’s book, Too Big to Jail: How Prosecutors Compromise with Corporations, serves as a stinging indictment of the ways in which deferred prosecution agreements, the federal government’s preferred way for dealing with publicly-held corporate offenders, fail multiple tests of good governance. As Garrett argues, they arise out of an opaque process and over the long run, they may be falling short of securing meaningful compliance among corporate offenders and similarly situated organizations.

To cure this problem, Garrett proposes a straightforward but far-reaching restructuring of corporate criminal practice: prosecutors should presumptively indict corporate offenders, and judges should intervene in corporate …

Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer

Faculty Scholarship

This Response addresses Jenia Turner and Alison Redlich’s comparative analysis of criminal discovery practices in two neighboring states, Virginia and North Carolina. Whereas Virginia adheres to the traditional, category-driven approach, North Carolina requires its prosecutors to disclose the contents of their “file,” with some notable exceptions.

Open-file discovery has quickly become a fertile source of debate among scholars and practitioners. Turner and Redlich have devised a valuable survey to test theoretical claims commonly asserted by open-file discovery’s opponents and supporters. Unsurprisingly, the authors find that disclosure is generally broader in North Carolina (an open-file state) than in Virginia. More notable …

Wrongfully Convicted In California: Are There Connections Between Exonerations, Prosecutorial And Police Procedures, And Justice Reforms?, Justin P. Brooks, Zachary Brooks

Faculty Scholarship

No abstract provided.

If Hindsight Is 20/20, Our Justice System Should Not Be Blind To New Evidence Of Innocence: A Survey Of Post-Conviction New Evidence Statutes And A Proposed Model, Justin P. Brooks, Alexander Simpson, Paige Kaneb

Faculty Scholarship

No abstract provided.

Debunking The Myth Of Universal Male Privilege, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …

Unshackled: A Phenomenological Study Of The Effects Of Holistic Conflict Resolution Training On Inmate Self-Efficacy, Christina R. Wilson

Department of Conflict Resolution Studies Theses and Dissertations

American prisons are overflowing with inmates exacting an incalculable human and moral cost on inmates, their families, and society. A central theme in criminality is the inability to deal with conflict and the affiliated emotions in an appropriate manner. Further, problem-solving, communication, and consequential thinking skills are lacking in the lives of many inmates due to lack of proper role models, lack of skills, and lack of expectations. Focusing on inmate education is one of the most effective forms of crime prevention according to leading criminological theorists. This phenomenological study was an assessment of a ten-session, holistic conflict resolution course …

Development Of A Definition And Measure For The Study Of Violent Mass Victimization, Mindy Weller

Electronic Theses and Dissertations

For decades there has been a growing body of literature and research on the topic of mass murder with no attention paid to incidents of mass violence whose death toll falls just short of the minimum three body requirement. The purpose of this study is to address this gap and develop a valid and reliable definitional measure for the future study of violent mass victimization events. A mixed methods approach was employed and consisted of assessing 1,118 news articles collected from 42 U.S. states for the years of 2009 through 2012. These articles were collapsed into a sample size of …

Chapter 02: What Is Children's Literature?, Jenifer Jasinski Schneider

The Inside, Outside, and Upside Downs of Children's Literature: From Poets and Pop-ups to Princesses and Porridge

No abstract provided.

Social Support And Crime: A State-Level Analysis Of Social Support Policies, Jessica Brown

The Journal of Sociology & Social Welfare

There is a growing theoretical and empirical tradition that examines the relationship between social support and crime. While academic research supports the idea that social support inhibits crime, public discourse and the popular media often assert that support, especially instrumental support to the poor, can increase crime. This article adds to the growing literature by including multiple forms of social support in an investigation of the relationship between social support and property crime and violent crime over a ten year period. Results indicate that while some forms of support have the expected negative relationship with crime, others displayed a significant …

A Systematic Review Of Yoga Interventions In The Incarcerated Setting, Alexandra S. Wimberly, Jia Xue

The Journal of Sociology & Social Welfare

While yoga interventions in the incarcerated setting are on the rise, little is known regarding their efficacy. The objective of this article is to assess the effects of yoga on the well-being of incarcerated populations. Two reviewers systematically searched PubMed, PsycInfo, EBSCO MegaFILE, Web of Science, Science Direct, AMED, and Google Scholar for yoga intervention studies in jails and prisons. The search yielded 54 results; ten papers met inclusion criteria. Evaluated outcomes included stress, cognitive performance, mental and physical well-being and re-incarceration rates. While the majority of yoga practiced was hatha, yoga interventions also included a focus on yogic philosophy …

Review Of Dreams And Nightmares: Immigration Policy, Youth, And Families. Marjorie S. Zatz And Nancy Rodriguez. Reviewed By Xiafei Wang., Xiafei Wang

The Journal of Sociology & Social Welfare

Marjorie S. Zatz and Nancy Rodriguez, Dreams and Nightmares: Immigration Policy, Youth, and Families. University of California Press (2015), 202 pages, $85.00 (hardcover), $39.95 (paperback).

Ethics—Law And Social Work: Reconciling Conflicting Ethical Obligations Between Two Seemingly Opposing Disciplines To Create A Collaborative Law Practice, Premela Deck

Western New England Law Review

Today, mere knowledge of the law and judicial system is usually insufficient to zealously advocate for our clients. Legal disputes are rarely centered upon only legal concerns. An understanding of the importance of mental and emotional stability as well as interpersonal dynamics are frequently required in order to properly support our clients, advocate for them, and create future plans that will keep our clients out of the judicial system. As a result, many law schools offer joint degree programs embracing law and social work. In other cases, practicing attorneys and law firms enlist the help of trained professionals, many of …

The Wages Of Human Trafficking, Rana M. Jaleel

Brooklyn Law Review

This article asks a deceptively straightforward question: What is the wrong of human trafficking? If the answer seems obvious, a closer look at anti-trafficking law reveals a doctrinal crisis. Human trafficking law has traditionally concerned itself with movement and how compelled or chosen migration estranges vulnerable people from the locales, customs, and resources that might otherwise shield them from exploitation. According to the U.S. State Department, however, movement is no longer a central element of human trafficking. Instead, “many forms of enslavement” are thought to comprise the core of the crime. The revocation of the movement requirement and the equation …

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Brooklyn Law Review

The decade-and-a-half period when Earl Warren served as the fourteenth Chief Justice (1953–1969) was marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association, and religion, voting rights, and more. These decisions led to positive, fundamental changes in the lives of millions of less advantaged Americans who had been historically disfavored because of their race, nationality, gender, socioeconomic class, or political views. The legacy of the Warren Court is one of an institution committed to “a dedication in the law to the timeless ideals of ‘human dignity, individual rights, …

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii

Brooklyn Law Review

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Brooklyn Law Review

The adversarial system is lauded for determining the truth of claims, safeguarding procedural rights, and supporting the efficient direction of resources toward the most relevant and contested issues in a dispute. If a case proceeded to judgment with participation from only one party, it would raise concerns of justice, efficiency, accuracy, and the public interest. And yet, in a tribunal of steadily growing importance for intellectual property disputes—the International Trade Commission (ITC or Commission)—certain cases proceed without the benefit of participation from adverse parties. Following the default of named parties, administrative law judges determine the scope and validity of patent …

Waive Goodbye To Appellate Review Of Plea Bargaining: Specific Performance Of Appellate Waiver Provisions Should Be Limited To Extraordinary Circumstances, Holly P. Pratesi

Brooklyn Law Review

In the federal criminal justice system, plea bargaining remains the predominant method for disposing of cases. An important provision in most plea agreements consists of the waiver of the defendant’s right to appeal the conviction or sentence. This note explores the constitutional, contractual, and policy implications of a recent Third Circuit decision that would allow specific performance as a remedy where a defendant’s only breach of the plea agreement consists of filing an appeal arguably precluded by an appellate waiver provision. This note argues that the approach taken by the Third Circuit in United States v. Erwin could effectively preclude …

Taking Stock Of Cuny Esl: What A Survey Of Esl Faculty And Adminstrators Says About The Past, The Present, And The Future, Effie Paptzikou Cochran, Lubie Grujicic-Alatristie

Publications and Research

This report provides a summary of a survey of CUNY ESL faculty and administrators in an attempt to assess CUNY ESL programs’ achievements and to offer an insight into current challenges. In the new millennium, with educational, financial, political, and linguistic concerns on the rise, taking stock of where we are in English as a second language instruction in higher education and planning for the future are at once prudent and pressing.

Outcast Women: Crime, Gender And The Politics Of Respectability In Fremantle, 1900 To 1939, L Straw

Arts Papers and Journal Articles

Esther Warden was described in court in 1912 as ‘a dangerous woman’ and ‘an incorrigible nuisance’. By 1939, when she was in her late sixties, Esther had notched up over 200 criminal convictions, mostly for drunkenness and being an idle and disorderly public nuisance. In Fremantle she was one of the most notorious criminals of the early twentieth-century and known as the ‘terror’ of the West End. Western Australia’s Police

Act had been enacted in the late nineteenth century as a means to monitor and punish criminal behaviour—mainly such offences against good order as drunkenness, vagrancy and loitering. But it …

Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman

American University National Security Law Brief

No abstract provided.

The Study Of The Adverse Effects Of Childhood Maltreatment, Katie A. Kennie

Honors Undergraduate Theses

This study explores the link between the presence of childhood trauma and adult criminal behavior. In this study, four distinct categories of childhood trauma (physical abuse, sexual abuse, psychological abuse, and neglect) were examined. In addition, this study conducts a comparative analysis of the United States crime rate with that of Switzerland and Japan. This study examines and compares the policies utilized in ensuring the protection of child welfare. The ultimate goal is to provide research which may build a foundation that will assist in creating and improving policies which will ensure a child's psychological health.

The United Nations: The Syrian Refugee Crisis, Zahra R. Syed

Honors Undergraduate Theses

The main objective of this research paper is to analyze the international effects the Syrian Conflict has had to the global community. The United Nations High Commissioner for Refugees has declared this conflict to be the worst humanitarian crisis of our time. Millions of Syrians have fled their home country to avoid unjust persecution and are looking to not only neighboring countries, but the European Union for assistance in resettlement.

Since the outbreak of the conflict in Syria in 2011, more than 220,000 people have been massacred, leaving fifty percent of the population in unrest due to home displacement. According …

"Inside Csusb" (Issue 5), California State University, San Bernardino

CSUSB Sound and video recordings

No abstract provided.