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2016

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Introduction: What We Know And Need To Know About The State Of 'Access To Justice' Research, Elizabeth Chambliss, Renee N. Knake, Robert L. Nelson Jan 2016

Introduction: What We Know And Need To Know About The State Of 'Access To Justice' Research, Elizabeth Chambliss, Renee N. Knake, Robert L. Nelson

Faculty Publications

Ongoing, systematic research on civil legal needs and services is an essential component of improving the quality and availability of such services. Collaboration among researchers, legal services providers, and regulators will only become more important as innovations in the delivery of legal services progress. This volume brings together sixteen white papers by subject matter experts who assess "what we know and need to know" about various aspects of civil legal services delivery. The product of a partnership between the South Carolina Law Review and the ABA Commission on the Future of Legal Services, the collection is intended to serve as …


Principled Policing: Warrior Cops And Guardian Officers, Seth W. Stoughton Jan 2016

Principled Policing: Warrior Cops And Guardian Officers, Seth W. Stoughton

Faculty Publications

Policing in the United States is in crisis. Public confidence in policing is at the lowest point since the Rodney King beating. A bare majority of Americans still report confidence in the police, and an unprecedented number of people report no or very little confidence in policing. A long history of poor police/community relations in minority and low-income neighborhoods has been exacerbated by egregious acts of misconduct, some of which have been captured on video and shared on social media. Activists, politicians, and police officials themselves have called for better education and equipment, from de-escalation training to body-worn camera systems. …


The Daily Gamecock, Tuesday, April 5, 2016, University Of South Carolina, Office Of Student Media Jan 2016

The Daily Gamecock, Tuesday, April 5, 2016, University Of South Carolina, Office Of Student Media

April

No abstract provided.


The Daily Gamecock, Wednesday, February 24, 2016, University Of South Carolina, Office Of Student Media Jan 2016

The Daily Gamecock, Wednesday, February 24, 2016, University Of South Carolina, Office Of Student Media

February

No abstract provided.


The Daily Gamecock, Thursday, February 25, 2016, University Of South Carolina, Office Of Student Media Jan 2016

The Daily Gamecock, Thursday, February 25, 2016, University Of South Carolina, Office Of Student Media

February

No abstract provided.


The Daily Gamecock, Wednesday, February 17, 2016, University Of South Carolina, Office Of Student Media Jan 2016

The Daily Gamecock, Wednesday, February 17, 2016, University Of South Carolina, Office Of Student Media

February

No abstract provided.


The Daily Gamecock, Monday, October 10, 2016, University Of South Carolina, Office Of Student Media Jan 2016

The Daily Gamecock, Monday, October 10, 2016, University Of South Carolina, Office Of Student Media

October

No abstract provided.


The Daily Gamecock, Monday, September 19, 2016, University Of South Carolina, Office Of Student Media Jan 2016

The Daily Gamecock, Monday, September 19, 2016, University Of South Carolina, Office Of Student Media

September

No abstract provided.


The Daily Gamecock, Monday, September 12, 2016, University Of South Carolina, Office Of Student Media Jan 2016

The Daily Gamecock, Monday, September 12, 2016, University Of South Carolina, Office Of Student Media

September

No abstract provided.


The Effectiveness Of Specialized Legal Counsel And Case Management Services For Indigent Offenders With Mental Illness, Jeff Bouffard, Elizabeth Berger, Gaylene Armstrong Jan 2016

The Effectiveness Of Specialized Legal Counsel And Case Management Services For Indigent Offenders With Mental Illness, Jeff Bouffard, Elizabeth Berger, Gaylene Armstrong

Criminology and Criminal Justice Faculty Publications

Background: In recent years, jurisdictions have recognized the strain placed on limited existing resources by criminal offenders with mental illness who frequently cycle through local jail facilities. In response, many locales have developed and implemented specialized programs to more effectively and efficiently manage these offenders, particularly the process of assigning defense attorneys to these often indigent defendants.

Methods: The current study examined the impact of an Indigent Defense Counsel (IDC) program designed to provide specially trained defense attorneys, and enhanced case management services to 257 indigent jail inmates with a qualifying, major mental health diagnosis (e.g., major depression). These …


Sciences & Humanities - Academic History, Burgess Shriver, Roslea Johnson Jan 2016

Sciences & Humanities - Academic History, Burgess Shriver, Roslea Johnson

Academic Program Histories

No abstract provided.


Conscientization & Third Space: A Case Study Of A Tunisian Activist, Habiba Boumlik, Joni Schwartz Jan 2016

Conscientization & Third Space: A Case Study Of A Tunisian Activist, Habiba Boumlik, Joni Schwartz

Publications and Research

This article examines the role of a female cyber and social activist, Amira Yahyaoui, in the aftermaths of the Jasmine Revolution in Tunisia through the lens of adult education. In this case study, the theoretical frameworks of conscientization and third space are utilized to describe Yahyaoui’s development of the watchdog political organization, al-bawsala, for the purpose of transformative learning and knowledge transmission in regard to political practices toward democracy in Tunisia. The focus will be on platforms used by this non-governmental organization (NGO), Al-Bawsala, to educate and raise political consciousness; these participatory platforms are: marsad (parliamentary observatory), debates or town …


Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz Jan 2016

Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz

Fordham Environmental Law Review

No abstract provided.


Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa Jan 2016

Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.


Undergraduate Student Catalog 2016-2017, Nova Southeastern University Jan 2016

Undergraduate Student Catalog 2016-2017, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.


Strategic Plan Progress And Outcomes (2016), New York Law School Jan 2016

Strategic Plan Progress And Outcomes (2016), New York Law School

Strategic Plan and Initiatives

No abstract provided.


Student Handbook 2016-2017, New York Law School Jan 2016

Student Handbook 2016-2017, New York Law School

Student Handbooks

No abstract provided.


The Dark Figure Of Online Property Crime: Is Cyberspace Hiding A Crime Wave?, Maria Tcherni-Buzzeo, Andrew Davis, Giza Lopes, Alan Lizotte Jan 2016

The Dark Figure Of Online Property Crime: Is Cyberspace Hiding A Crime Wave?, Maria Tcherni-Buzzeo, Andrew Davis, Giza Lopes, Alan Lizotte

Criminal Justice Faculty Publications

A pronounced drop in crime, since the early 1990s, has encompassed every crime category tracked by the FBI’s Uniform Crime Reports, including property crime. However, over the same period, the rates of online property crime (OPC) have been on the rise according to available evidence. We delineate the extent of our knowledge and data concerning cybercrime and identity theft and, using data from several nationally representative victimization surveys, offer an alternative view of property crime trends while pointing out the glaring gap in crime reporting and accounting in relation to the growing category of property crimes perpetrated online. In addition, …


Transnational Criminal Organizations (Tcos): The Case Of Combating Criminal Biker Gangs, Petter Gottschalk, Vesna Markovic Jan 2016

Transnational Criminal Organizations (Tcos): The Case Of Combating Criminal Biker Gangs, Petter Gottschalk, Vesna Markovic

Criminal Justice Faculty Publications

Transnational crime organizations (TCOs) represent a challenge to societies all over the world. This article explores combating criminal biker gangs, where stakeholders in the community and governments vary in their responses. These stakeholders include the government, law enforcers, courts, and the communities. The variation in responses is conceptualized in terms of a four stage of growth model. This model includes criminal biker gang members being treated as movie stars, individual criminals, organized criminals, and finally, enemies of the state. A stage model is a theoretical approach to understanding different levels of maturity in combating criminal biker gangs. Due to the …


Black And Blue: Media Attention In Red Vs. Blue States, An Analysis Of Violence Against Lgbt Between 2004 And 2015, Chelsea Green, Hasan T. Arslan Jan 2016

Black And Blue: Media Attention In Red Vs. Blue States, An Analysis Of Violence Against Lgbt Between 2004 And 2015, Chelsea Green, Hasan T. Arslan

Student-Faculty Research Projects

Violence against any person is unacceptable; however, there seems to be a tacit collusion with perpetrators when the media non-reports or under-reports incidents of violence in which the victims are targeted because of their actual or perceived LGBT identity. One wonders if the political and religious broad brush strokes of a state influence the response of the media within that state. Close examination of this data will determine if there are discrepancies between the two types of states regarding their portrayal of anti-LGBT attacks. How does the governmental bias of a state influence the coverage of these attacks? All states …


Foreign Assistance Complicity, Alexander K.A. Greenawalt Jan 2016

Foreign Assistance Complicity, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

When does a government’s provision of assistance to foreign armed groups cross the line from legitimate foreign policy to criminal aiding and abetting of those who use the aid to commit atrocities? The question presents one of the most difficult dilemmas in criminal justice, one that has deep normative implications and has provoked sharp splits among the U.S. federal courts and international tribunals that have faced it.

In 2013, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) sent shockwaves through international legal circles when it acquitted former Yugoslav Army chief Momčilo Perišić of aiding and …


The Prosecutor’S Duty Of Silence, Bennett L. Gershman Jan 2016

The Prosecutor’S Duty Of Silence, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Prosecutors enjoy broad opportunities to communicate with the public outside the courtroom. Justice Holmes’s famous dictum -- “The theory of our system is that conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print” – is just that – a “theory.” The reality is otherwise. Prosecutors, and defense lawyers too, engage in extrajudicial speech frequently, and often irresponsibly. But in contrast to other lawyers, prosecutors have a higher “special” duty to serve justice rather than a private client. And …


In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman Jan 2016

In Memory Of Monroe Freedman: The Hardest Question For A Prosecutor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

I’ve chosen to honor Monroe Freedman’s iconic essay on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor? This in itself is a hard question. The thousands of federal, state, and local prosecutors in the country would likely give widely varying responses – discretionary charging, immunity grants, bargained pleas, unreliable witnesses, police testimony, and disclosure duties, for starters. Too, prosecutors are not a generic group. Just as some defense lawyers might recoil or be indifferent to Freedman’s provocative thesis, so might many prosecutors reject or be …


Why And How To Compensate Exonerees, Erik Encarnacion Jan 2016

Why And How To Compensate Exonerees, Erik Encarnacion

Michigan Law Review First Impressions

How can we bring greater uniformity to exoneree compensation in a principled and just way? This paper argues that answering this question becomes easier once we identify the principles of justice that best justify and explain compensation statutes. In particular, commentators have assumed incorrectly that the goal of compensating exonerees should be understood primarily in terms of corrective justice, which posits a duty to undo or repair wrongfully inflicted harms. This paper argues, by contrast, that restitutionary justice, which forces parties to relinquish unjust gains, better justifies and explains compensation statutes. The unjust gains at issue are fair wages withheld …


Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak Jan 2016

Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak

University of Michigan Journal of Law Reform

This Article argues for transparency in the clemency process and contends that the concept of clemency as a benign sovereign’s “act of grace” is no longer appropriate in the modern world where executive action is subordinate to principles of constitutional due process and administrative equity. Despite calls for federal clemency reform in the United States, little comparative research examines clemency elsewhere in the common law world. This Article compares common law countries’ constitutional clemency mechanisms designed to promote openness, public and victim participation, and rational decision-making. In addition, this Article proposes four reforms to the U.S. pardon system that other …


The Graduate Review, Vol. 1, 2015-2016 Jan 2016

The Graduate Review, Vol. 1, 2015-2016

The Graduate Review

No abstract provided.


The Graduate Review, Volume 1: Reviewers Jan 2016

The Graduate Review, Volume 1: Reviewers

The Graduate Review

No abstract provided.


A Qualitative Exploration Of A Massachusetts Drug Court: How Are The 10 Key Components Applied?, Isabel M. Pires Jan 2016

A Qualitative Exploration Of A Massachusetts Drug Court: How Are The 10 Key Components Applied?, Isabel M. Pires

The Graduate Review

Due to drug policy changes in the 1980s, the criminal justice system was forced to create diversion programs to deal with the rising numbers of drug offenders in the system. Based on “therapeutic jurisprudence”, drug courts began opening across the county in 1989, using the “ten key components” as a guide for policy implementation. The purpose of this study was to analyze how closely a Massachusetts drug court adheres to drug court’s 10 key components. Drug court participants’ perceptions on the application of the 10 key components were acquired by an in-depth, face-to-face interview session. This research also used court …


Understanding The Effectiveness Of Incarceration On Juvenile Offending Through A Systematic Review And Meta-Analysis: Do The "Get Tough" Policies Work?, Jacqueline Anita Black Jan 2016

Understanding The Effectiveness Of Incarceration On Juvenile Offending Through A Systematic Review And Meta-Analysis: Do The "Get Tough" Policies Work?, Jacqueline Anita Black

School of Criminal Justice Theses and Dissertations

The juvenile system is no longer perceived as a social welfare model, but has become more punitive approximating a crime control model. Juveniles are not responsible for the majority of crime in the United States and are not the most serious and violent demographic; however, they are incarcerated at a higher rate than adults. Incarceration is an element of deterrence currently used by the juvenile justice system without a clear conclusion of whether or not it works to reduce juvenile crime.

The goal of this research was to first conduct a systematic review of prior studies on the effectiveness of …


Veterans Treatment Courts: Pure Pretextualism Or A Venue For Veterans' Needs?, John William Erickson Jr. Jan 2016

Veterans Treatment Courts: Pure Pretextualism Or A Venue For Veterans' Needs?, John William Erickson Jr.

School of Criminal Justice Theses and Dissertations

The intended goals of Veterans Treatment Courts (VTCs) are consistent with what drove the establishment of Drug Courts and Mental Health Courts in the ‘90s. That is, a recognition that the traditional criminal justice system is geared toward punitive court dispositions; not the unique characteristics of addicts and/or mental health defendants (G. Lerner-Wren, personal communication, January 12, 2015). For example, In Dade County, Florida, a former U.S. Attorney, then the Dade County State Attorney, recognized that reform was necessary to avoid the criminalization of drug addiction; given the high prevalence of cocaine abuse. Today, U.S. Military Veterans returning from Iraq …