Digital Commons Network^™

First Principles And Practical Politics: Thoughts On Judge Pryor's Proposal To Revive Presumptive Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In recent remarks to the American Law Institute, Judge William Pryor recommended abandonment of the post- Booker advisory version of the Federal Sentencing Guidelines and adoption of a simplified presumptive federal guidelines system. There was a time when I shared Judge Pryor's optimism that a sensible system of simplified presumptive sentencing guidelines could be enacted and could achieve its beneficent ends for a useful period thereafter. I have not yet surrendered the dream, but I confess to increased skepticism. The remainder of this essay will explain my pessimistic turn.

News - University Of West Georgia, E. Lorene Flanders

Georgia Library Quarterly

No abstract provided.

South Dakota State University Undergraduate General Catalog 2016-2017, South Dakota State University

South Dakota State University Catalogs and Bulletins: 1935 to present

No abstract provided.

A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch

Faculty Scholarship

This essay asserts that incorporation of the public's interests in lawyers' daily work is an essential responsibility of the profession. The Preamble to the Model Rules of Professional Conduct frames this lawyers' duty as that of a "public citizen having special responsibility for the quality of justice." Yet the modem legal profession has reduced "public interest" practice to work that is done for no or almost no fee. The transformation of lawyer from public citizen to servant of mostly private interests has taken place over the last thirty-five years, following the legal profession's embrace of pro bono work by volunteer …

Kids Count: The State Of The Child In Tennessee, 2016, Tennessee Commission On Children And Youth

Kids Count/State of the Child in Tennessee Reports

This report provides an overview of information on healthy infants, children and teens; child/teen well-being; education; economic security; and demographics.

Banning Bribes Abroad: U.S. Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman

Osgoode Legal Studies Research Paper Series

The United States has been at the forefront of international efforts to combat corruption in the global economy for almost forty years, chiefly through its Foreign Corrupt Practices Act (FCPA). Over the past decade, US enforcement of the FCPA has surged - both in increased numbers of enforcement actions and through the application of increasingly expansive interpretations of jurisdiction through which to enforce the FCPA on an extraterritorial basis. On one hand, extraterritorial enforcement of the FCPA has promoted anti-corruption policies and the banning of bribes abroad. At the same time, three aspects of FCPA enforcement shape and constrain the …

The Role Of Corporate Governance In Curbing Foreign Corrupt Business Practices, Poonam Puri, Andrew Nichol

Osgoode Legal Studies Research Paper Series

The role of corporate and securities laws in addressing foreign corrupt business practices has, to date, received limited consideration. Departing from the substantial literature on the criminal and public law response to international corruption, the authors analyze Canada’s Corruption of Foreign Public Officials Act in comparison with British and American legislation and conclude that the Canadian regime relies too heavily on the use of criminal sanctions and fails to contemplate the role of behaviour modification in its legislative structure. Recognizing that multinational corporations are well placed to identify, expose and prevent corrupt business practices, the authors propose a private law …

Law, Politics, And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron

Osgoode Legal Studies Research Paper Series

This Article was written for Osgoode Hall Law School’s annual Constitutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: in …

Book Review: Joseph Rikhof, The Criminal Refugee: The Treatment Of Asylum Seekers With A Criminal Background In International And Domestic Law, Angus Gavin Grant

Osgoode Legal Studies Research Paper Series

Book Review of Joseph Rikhof, The Criminal Refugee: The Treatment of Asylum Seekers with a Criminal Background in International and Domestic Law.

Conservatives, The Supreme Court, And The Constitution: Judicial-Government Relations, 2006-15, Christopher P. Manfredi

Osgoode Legal Studies Research Paper Series

Three high profile government losses in the Supreme Court in late 2013 and early 2014, combined with the government’s response to those losses, generated a narrative of an especially fractious relationship between the Conservative government of Prime Minister Stephen Harper and the Court. This article analyzes this narrative more rigorously by going beyond a mere tallying of government wins and losses in the Court. Specifically, it examines Charter-based invalidations of federal legislation since 2006, three critical reference opinions rendered at the government’s own request, and two key judgments delivered in the spring of 2015 concerning aboriginal rights and the elimination …

Continuum: Volume 40 (Winter 2016), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Osgoodepd: Twenty Years And Twenty Stories, Osgoode Hall Law School Of York University

Law School Publications

Over the past 20 years, OsgoodePD has been a part of the learning journey for over 50,000 people. With over 1,300 CLE programs and 2,500 LLM degrees awarded, we’ve had professionals from all walks of life and from all over the world grace our classrooms and discussions. We wanted to share more widely some of the incredible diversity in experience and perspective that we get to see on a daily basis.

We asked 20 people who have been a part of OsgoodePD over the past 20 years to give us their perspectives on professional development. We asked them about their …

Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016), Kathryn Robinson

UIC Review of Intellectual Property Law

In a technology-driven age, the Internet has changed how prospective homebuyers search for their new home. For many, a search on Google is the first step before hiring a broker or getting prequalified for a mortgage. Although the Internet is a powerful tool widely utilized by many, there has been a growing concern for managing and protecting the integrity of real estate listings. Data scraping of listing data has become problematic for the real estate industry; as a result, this has caused irreparable harm to everyone. This comment highlights the benefits of awarding copyright protection to all contents of the …

The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith

UIC Review of Intellectual Property Law

The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …

Contempt Of Court A Digest Of The Case Law Of Contempt Of Court At International Criminal Tribunals And The International Criminal Court, David Akerson, Nandish Wuetilleke

Denver Journal of International Law & Policy

No abstract provided.

"Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct And The Use Of "Ethnic Adjustments" In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin

American University Law Review

No abstract provided.

Race, Drug Use, And The Justice System, Amanda J. Neubauer

The Journal of Undergraduate Research

A great deal of research concludes that drug use is relatively similar across races for adults, and that men use more than women. The current study makes use of self-report delinquency surveys of students in a South Dakota State University Juvenile Delinquency course and a California State University, San Bernardino Juvenile Justice course to determine if these trends also apply to juveniles. The current study will examine race and gender trends as they relate to illicit substance use in juveniles.

The Journal Of Undergraduate Research

The Journal of Undergraduate Research

This is the complete issue of the South Dakota State University Journal of Undergraduate Research, Volume 14.

Do Black Lives Matter In American Mainstream News Media? Two Case Studies Of Police-Involved Shootings Of Black Men Explaining A Racist Media Environment, Alfred J. Cotton Iii

Theses and Dissertations--Communication

This dissertation examines two cases of fatal police-involved shootings of Black men in order to expose the power structures perpetuated through racist media narratives assuming the officers’ behavior was justified and the unarmed men the officers killed somehow were complicit in their death. In reporting on police-involved shootings, mainstream media practices that privilege elites and officials as primary sources of information may produce a dominant media narrative that masks the marginalization and mistreatment of minorities at the hands of these officials and their institutions. The two cases under consideration here examine the “floating signifier” of race in media coverage of …

Restoring The Civil Jury In A World Without Trials, Dmitry Bam

Faculty Publications

Early in this nation’s history, the civil jury was the most important institutional check on biased and corrupt judges. Recently, concerns about judicial bias, especially in elected state judiciaries, have intensified as new studies demonstrate the extent of that bias. But the jury of Hamilton, Madison, and Jefferson is nowhere to be found. In fact, the civil jury is virtually dead. It is used in less than 1% of all civil cases, and even when it makes a rare appearance, the jury’s powers have been significantly curtailed.

This article argues that we must reimagine the civil jury to match the …

Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins

Faculty Publications

Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the surface of tort opinions; and court records do not reveal the race of tort plaintiffs, defendants, or jurors. Yet it is essential to try and understand the workings of race and racism in the torts system. The authors pose a …

Social Work Ethics: Decision Making And Accountability, James J. Clark, Molly Malany Sayre

Sociology, Anthropology, and Social Work Faculty Publications

Book accompanies course that examines the interplay of social work, values, ethics, and decision-making processes. Through the use of practice scenarios, social workers will learn how to approach risk management and thorny ethical dilemmas that are common to many practice areas. The course discusses the role of laws and regulations in regard to ethics, highlights the importance of the distinction between legal and moral problems, and describes the National Association of Social Workers (NASW) Code of Ethics.

Counsel In School Exclusion Cases: Leveling The Playing Field, Julie K. Waterstone

Seton Hall Law Review

No abstract provided.

A Small Constellation: Risk Factors Informing Police Perceptions Of Domestic Abuse, Amanda L. Robinson, Gillian M. Pinchevsky, Jennifer A. Guthrie

Criminal Justice Faculty Research

Police in the United States (US) and the United Kingdom (UK) now routinely use risk assessment tools to identify common risk factors for re-abuse and lethality when responding to domestic abuse. Nevertheless, little is known about the extent to which officers understand and perceive the importance of factors commonly included on risk assessment tools for predicting future abuse. This study attempts to shed some light into this area of research by exploring the responses of 720 British and American police officers to questions regarding how important and how essential various risk factors are for evaluating the level of risk or …

Prison And The Bible: Current Practices And Reflections From Isaiah, Edward Allen Jones Iii

Faculty Publications - George Fox Digital

There is wide agreement today that our prison system is fraught with problems. Opinion associates prisons with overcrowding, racism, human debasement, and with an inability to accomplish the reduction of crime. Further, there is also a partial antipathy ascribed to the general populace. Practically, citizens want governmental systems to provide for our security. Ideologically, there is a sense that leniency is foolhardy. However, as religious communities often equate crime with sin writ large, there is also a need to pursue wholeness in society. One way to do this is by reflecting on how punishment, prison in this case, can relate …

Soft Misogyny: The Subtle Perversion Of Domestic Violence "Reform", Justine A. Dunlap

Seton Hall Law Review

No abstract provided.

Women's Research Institute Of Nevada Newsletter, Joanne Goodwin, Women's Research Institute Of Nevada

Newsletters

No abstract provided.

Classifying Violent Offenders And Gang Members : A Consideration Of Childhood Variables And Future Time Perspective, Lauren T. Bradel

Graduate Research Theses & Dissertations

Research suggests there are various types of violent offenders, but little research has explored how factors linked to violence perpetration, such as childhood variables and future time perspective, may distinguish between offenders. These factors have also been linked to gang membership, but again, little research has explored how they distinguish between gang members and non-gang members. The current study investigated how delinquency, academic attainment, parents' criminal histories, relationship with parents, and future time perspective may differentiate between the different subtypes of violent offenders as well as differentiate gang members from non-gang members. This study employed archival data from a sample …

The Age Of Racial Profiling In The Context Of Terrorism, Amanda L. Smith, Susan E. Mason

Modern Psychological Studies

Racial profiling refers to the law enforcement practice of using only race or ethnicity as probable cause to search or arrest an individual. The public has found racial profiling to be unjustified in the context of common crime, but tends to support the practice in the context of terrorism. The current study uses an explicit judgment survey to examine the expression of prejudice and factors that influence stereotyping. The study found that participants aged 18 to 24, and those who identified with a political party, were the participants most likely to racially profile individuals with stereotypical Middle-Eastern features to be …

Response To Tuerkheimer: Rape On And Off Campus: The Vulnerable Subject Of Rape Law: Rethinking Agency And Consent, Stu Marvel

Emory Law Journal Online

Tuerkheimer's article for the Emory Law Journal, Rape On and Off Campus, extends her earlier work on sexual agency, consent, and the inadequate nature of U.S. rape law to examine the disconnect between widely acknowledged cultural norms around sex, and the stubborn recalcitrance of rape laws to social reform. This response applies some of the insights of vulnerability theory to Tuerkheimer's piece with the goal of extending these important conversations into new analytical fields. The theory provides a useful vantage upon the systemic and historical patterns of inequality that lead to violence against women, as well as the legal and …