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Uf Law Spring 2016, University Of Florida Levin College Of Law

UF Law Magazine

Practice Makes Perfect; Semester in Practice Prepares Students for Major Legal Markets; New Connections Between UF and China; Cesar Alvarez's Big Idea; A Very Deep Bench

Now & Then (Volume 31, Issue 02, 2016), Center Of Excellence For Appalachian Studies And Services, East Tennessee State University

Now & Then: The Appalachian Magazine

Now & Then: The Appalachian Magazine, Volume 31, Issue 02, published in 2016. The theme of this issue is Justice in Appalachia. Framed by questions of justice and accountability, this issue brings together writing that addresses legal, environmental, social, and cultural struggles across Appalachia. Drawing on both historical memory and contemporary events, it documents labor conflicts, resource extraction, and public health crises alongside efforts to organize, protest, and seek reform. Contributors present personal narratives and community based accounts that examine issues of identity, including LGBTQ and Melungeon experiences, as well as movements for racial justice and intergenerational activism. The …

Reconciliation Through A Judicial Lens: Competing Legitimation Framework In The Icty's Plavsic And Babic Judgments, Kerstin Bree Carlson

Denver Journal of International Law & Policy

No abstract provided.

The Building Blocks Of Hybrid Justice, Beth Vanschaack

Denver Journal of International Law & Policy

No abstract provided.

Furling The South Carolina Confederate Flag: Political Expediency Or Cultural Change?, Grant Burnette Lefever

Electronic Theses and Dissertations

Until July 2000, three Confederate battle flags flew at the South Carolina State House—one in each Legislative chamber and a third on top of the State House dome, on the same pole and just below the U.S. flag and the state’s Palmetto flag. A legislative compromise that year removed the flags from the State House to a prominent site 100 yards away in front of the building, next to a memorial to South Carolina’s Confederate dead. Though it only moved the flag a short distance and to an arguably more visible location, the 2000 compromise was the culmination of over …

When Does A Juvenile Become An Adult? Implications For Law And Policy, Alexandra O. Cohen, Richard J. Bonnie, Kim A. Taylor-Thompson, B J. Casey

Faculty Articles

The U.S. Supreme Court has issued a series of landmark decisions regarding the culpability of juveniles under the age of eighteen and has increasingly referenced developmental science in these opinions. Still, the line between juvenile court jurisdiction and criminal court jurisdiction varies widely among state laws, as do the minimum ages for other legal or regulatory purposes. Although the operative age of “adulthood” typically falls somewhere between the ages of eighteen and twenty-one, it has been set lower in some important policy contexts, such as the age at which an adolescent is subject to criminal prosecution and punishment. Legal distinctions …

The New Public, Sarah A. Seo

Faculty Articles

By exploring the intertwined histories of the automobile, policing, criminal procedure, and the administrative state in the twentieth-century United States, this Essay argues that the growth of the police’s discretionary authority had its roots in the governance of an automotive society. To tell this history and the proliferation of procedural rights that developed as a solution to abuses of police discretion, this Essay examines the life and oeuvre of Charles Reich, an administrative-law expert in the 1960s who wrote about his own encounters with the police, particularly in his car. The Essay concludes that, in light of this regulatory history …

Selling Kids Short: How "Rights For Kids" Turned Into "Kids For Cash", Martin Guggenheim, Randy A. Hertz

Faculty Articles

In this Article, we will use one of JLC’s many victories, the case of the so-called “kids for cash” scandal of Luzerne County, Pennsylvania in 2008–2009, to look at the current state of juvenile justice and to look back at how we got here. This was a case so bizarre and shocking that it is still difficult to believe it could have happened, let alone that it could have taken place in the modern era. Over the course of roughly a decade, two judges in the western part of Pennsylvania made millions of dollars by wrongfully imprisoning more than 1,800 …

Secret Policing, Barry Friedman

Faculty Articles

This is a paper about secrecy and policing. It is written at a time of intense discussion about policing in America. There is widespread concern that policing agencies have lost the trust of the communities they are charged to police, and that the "legitimacy" of policing is at risk. Part of what is needed, no doubt, is greater transparency around policing. People do not trust those who keep secrets from them. But it goes beyond that. For too long policing has operated aloof from the regular workings of democracy. And there cannot be democratic engagement with policing if what those …

Something Old, Something New: Reflections On The Sex Bureaucracy, Melissa Murray, Karen Tani

Faculty Articles

This essay responds to “The Sex Bureaucracy,” in which Jacob Gersen and Jeannie Suk identify a “bureaucratic turn in sex regulation”—one that has expanded the reach of sexual regulation to include “nonviolent, non-harassing, voluntary sexual conduct” (or in their words, “ordinary sex”). In their view, the Department of Education’s campaign against sexual assault on college campuses epitomizes this bureaucratic shift. While applauding the authors’ attention to the intersection of sexuality and governance, we challenge their account of the “bureaucratic turn” as an unprecedented event. Drawing on examples from across U.S. history, we show how administrative agencies and unelected bureaucrats have …

Consent: What It Means And Why It’S Time To Require It, Stephen J. Schulhofer

Faculty Articles

In this paper, I argue that it is time—past time—to give workable content to the notion of sexual consent and to require it as a prerequisite to the penetration of another person. Before turning to the core of my argument, however, I will explain the precise form of consent that I defend. Although it should be uncontroversial that consent—whether favored or opposed—is something communicated by the totality of a person’s conduct, there remains potential ambiguity and significant disagreement about how such a requirement is best framed. In Part I, I describe alternative formulations of consent-by-conduct that are currently in play …

Social Workers' Experiences Related To Online Dating : A Descriptive Study, Miriam B. Stevens

Theses, Dissertations, and Projects

This descriptive, mixed methods study was undertaken to explore social workers' experiences related to online dating. This study aimed to describe social workers' attitudes and approaches to online dating, determine the type and frequency of ethical and clinical issues that social workers may encounter in the course of online dating, learn how social workers are addressing these issues, and determine the extent to which there is a need for guidance and policies related to online dating as a social worker.

Using availability and snowball sampling, data was collected from 577 social workers and social work students using an online survey …

Exploring Sexual Assault Prevention And Education Programs On College Campuses, Anastacia Marie Webb

Theses, Dissertations, and Projects

This exploratory study was undertaken to better understand the sexual assault prevention and education programming currently in place on college campuses. Additionally, this study sought to understand barriers to implementing programming and the impact that the recent national attention on sexual assault has had on this work. Ten professionals who are involved in sexual assault prevention programming on college campuses were interviewed using semi-structured interviewing. Participants were from a variety of educational settings across the country. This study found that the biggest obstacles faced in implementing preventive programming are a lack of time and money, with an overwhelming need for …

Coping With Incarcerated-Related Stress : A Study Of Coping Responses By Women Romantically Involved With Incarcerated Men, Jaleesa I. Myers

Theses, Dissertations, and Projects

Research related to coping responses of women romantically involved with, or married to, incarcerated men has been unexamined in social work literature. This study examined how women romantically involved with, or married to, incarcerated men cope with economic, social and emotional stress associated with their partners ’ incarceration by examining their use of problem-focused, emotion-focused and avoidant-focused coping styles. The study answered to what extent do women romantically involved with, or married to, incarcerated men utilize adaptive coping responses, especially paying close attention to experiences of African American women. Using quantitative methods, the Brief COPE —a 28-item inventory—was administered to …

The Socio-Legal Construction Of Adolescent Criminality: Examining Race, Community, And Contextual Factors Through The Lens Of Focal Concerns, Patrick Glen Lowery

Theses and Dissertations

The first American juvenile court opened in 1899, with the understanding that children and adults are fundamentally different, and as such, should be treated differently by the law. Less than 50 years later, every state within the United States had developed a separate juvenile justice system, along with the adoption of many significant statutes that made the juvenile court markedly different from the adult criminal court. Over time, however, dissatisfaction with numerous inadequacies in the juvenile court led to the “due process revolution” of the 1960’s and 1970’s. The legal and philosophical changes made during this time were not long …

The Impact Of Deinstitutionalization On Murders Of Law Enforcement Officers, Xueyi Xing

Theses and Dissertations

Occupational risk of violent victimization is a serious concern for law enforcement officers. However, there have been virtually no studies that examined the relationship between the incidence of police officer homicide victimization and the deinstitutionalization movement during which large number of persons with mental illness were released back into communities, often without adequate support systems. Research has shown that persons with certain types of mental illness have a greater propensity for violent behavior if they fail to take prescribed medications and/or abuse illicit substances. Since police are most often the first responders to persons with mental illness in crisis, increases …

Finding Sanctuary In Sisterhood: A Middle School Literacy Group Critically Analyzes Race, Gender, And Size, Dywanna E. Smith

Theses and Dissertations

This critical qualitative study documented intersectionalities of race, gender, body image, and literacies as interpreted by five eighth grade Black female students during an eight-week after school literacy group. Ethnopoetic methodologies were used to represent findings and provide insights about how critical literacy engagements can be used to create discursive spaces where young Black girls describe and define these intersectionalities, how they are socialized into current beliefs, make meaning of beauty ideals portrayed in media, and interpret gender, obesity, and race. Through content analysis of field notes, audio recorded sessions, research partner interviews, researcher journals, and genre artifacts, this study …

Procedural Justice And Policing: Four New Directions, Rebecca Hollander-Blumoff

Washington University Journal of Law & Policy

This Article, by Professor Rebecca Hollander-Blumoff from Washington University School of Law in St. Louis, analyzes the concept of procedural justice within the frame of contemporary policing. Using the shooting of Michael Brown as a catalyst, Hollander-Blumoff advocates for four potential areas of future development in procedural justice: (1) the interaction between the research on self-control and procedural justice; (2) research on the tools most effective in creating positive perceptions of fairness by police; (3) the implications of treating procedural justice not as a dynamic interchange; and (4) the role of reactive devaluation as it might affect reaction to procedural …

Tsai Today (2016), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

The Quad (The 2016 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Faculty Forward: A celebration of amazing things our outstanding faculty members are doing
• The Second Century Campaign Ends Strong
• Mustang Bar Goes Global
• Four Terrific New Faculty Members
• SMU Dedman Law Remembers Professor Joe McKnight

Mass Incarceration In Detroit: A Historical Narrative, Labreonna \. Bland

Wayne State University Theses

Mass incarceration has pervaded throughout the country and in its wake, the United States is looked to as the country that imprisons the largest percentage of its population than any other place in the world. The phenomenon of mass incarceration continues to be deconstructed by scholars in an attempt to turn the tide and understand the various intricacies that lie at the center of our carceral state. This paper attempts to explore those intricacies on a local level by looking at Detroit, Michigan. The city of Detroit has been constantly restructured economically, politically, racially, and socially throughout the years as …

Conversations On Controversy: An Examination Of Internet Discussions On High-Profile Incidents Of Recorded Police Brutality, Brittany Nicole Jefferson

Wayne State University Theses

The purpose of this study is to examine the conversations that Internet user have when discussing publicized, recorded incidents of police brutality. This study examined the deaths of Tamir Rice, Eric Garner and Walter Scott and the subsequent discussions about the incidents on YouTube.com, MSNBC.com and NYTimes.com. This was accomplished by using an exploratory content analysis to establish what are the general topics of these discussions. This analysis found that there are 2 major themes that are discussed by Internet users when they comment; the content of the video and the social context of the incident itself. However, the popularity …

Does Justice Exist?: An Examination Of The Association Between Race And Perceptions Of The Criminal Justice System., Catina Antionette Polk

Wayne State University Theses

This paper examines the association between race and perceptions of trust in the criminal justice system amongst five different racial groups. Sociologists have diligently worked towards determining the effects of race, on court decisions, because (1) it is an important social issue, (2) it is widely considered a testing ground for propositions derived from conflict theory, and (3) the research literature is laced with contradictory findings and conclusions (Unnever et al. 1980). The present study will determine if there is a disconnection between minority groups and the criminal justice system. Furthermore, it will discover if "blackness" alone is the factor …

Trafficking In Narratives: Conceptualizing And Recasting Victims, Offenders, And Rescuers In The War On Human Trafficking, Sabrina Balmgamwalla

Law Faculty Research Publications

Anti-trafficking laws emerge from a complex historical context, shaped in no small part by public perception of this highly complex problem. This Article explores and questions the headlines and examples that drove anti-trafficking reforms over the past century. These "trafficking narratives" have stimulated and shaped the response to trafficking both globally and domestically and have powerful implications for the evolving framework of protection and punishment. Specifically, this Article argues that the roles of "victims," "offenders," and "rescuers" serve as proxies for racialized and gendered assumptions about trafficking, which in turn are reflected in anti-trafficking law and enforcement. This Article builds …

Rebuilding The Catholic Brand In America: An Isocratean Perspective, Dominic Mamimilian Ofori

Electronic Theses and Dissertations

This dissertation attempts to rebuild the American Catholic brand fractured by the priests' sexual abuse scandals, using Isocrates' theory of self-defense and self-representation as found in his Antidosis. The work conceptualizes the Catholic Church as a brand because it is a religious organization with an army of followers, is well-known, and is an indisputable leader in the provision of education, healthcare, and social welfare, thereby playing an important role in the socio-cultural consciousness of many Americans. Built over centuries of service to its members and the country, the Catholic brand from the 1960s to the dawn of the twenty-first century …

The Importance Of Differentiating Between Traits Of Autism Spectrum Disorder And Callous And Unemotional Traits, Kristen Parys

Electronic Theses and Dissertations

The study assesses the apparent similarities and underlying differences between traits of autism spectrum disorder and callous and unemotional traits, and problematic sexual behaviors that can result in involvement in the juvenile justice system. The need to differentiate between these traits and better understand their impact on response to treatment within treatment facilities for offenders is highlighted. This research investigated the presence of individuals with traits of autism spectrum disorders and callous and unemotional traits in adolescent males in a residential treatment program for sexual offenses, and whether instruments that are typically used to identify these characteristics were effective in …

Shocking The Eighth Amendment's Conscience: Applying A Substantive Due Process Test To The Evolving Cruel And Unusual Punishments Clause, Jency Megan Butler

UC Law Constitutional Quarterly

Excessive force is today's most prominently debated governmental abuse. The "shocks the conscience" test is a widely used substantive due process protection that analyzes excessive force claims. More specifically, under excessive force law, the "shocks the conscience" test evaluates whether the government has violated a person's constitutional rights. This Note begins with an overview of Eighth Amendment history and articulates a problem in today's Cruel and Unusual jurisprudence created by the Supreme Court's unsettled proportionality review. This Note then proposes that the Cruel and Unusual Punishments Clause should be interpreted with the "shocks the conscience" standard. For an Eighth Amendment …

Procedural Due Process Liberty Interests, Ann Woolhandler

UC Law Constitutional Quarterly

The Supreme Court's divided decision inKerry v. Din, 135 S. Ct. 2128 (2015), shows the difficulty of defining liberty for purposes of procedural due process. Din, a United States citizen, claimed that she had been denied procedural due process when the State Department refused to grant an immigrant visa to her husband. Justice Scalia's plurality opinion reasoned that Din had no liberty interest protected by procedural due process, while Justice Breyer's dissent concluded that Din had such an interest based on fundamental rights involving marriage, the right of citizens to reside in the country, and statutory immigration preferences for spouses. …

Waiving Goodbye: In Memory Of The Reasonable-Doubt Standard, Steven Wall

UC Law Constitutional Quarterly

This Note will focus on the unique helplessness of innocent defendants who have plead guilty in cases involving governmental misconduct. The Supreme Court has recognized that our criminal justice system is, for the most part, a system of pleas rather than trials. Unfortunately, there are many indications that innocent people plead guilty. The most developed realm of law being used to push for measures to reduce the occurrence of this phenomena is the body of cases stemming from Brady v. Maryland. Brady v. Maryland requires prosecutors to disclose material exculpatory evidence (evidence demonstrating actual innocence) and impeaching evidence at trial. …

Police Bias In The Enforcement Of Drug Crimes: Evidence From Low Priority Laws, Gregory Deangelo, Kai Gittings, Amanda Ross, Annie Walker

Economics Faculty Working Papers Series

We consider the impact of adoption of a low priority initiative in some jurisdictions within Los Angeles County on police behavior. Low priority initiatives instruct police to make the enforcement of low level marijuana possession offenses their ``lowest priority.'' Using detailed data from the Los Angeles County Sheriff's Department and a difference-in differences strategy, we show that the mandate resulted in a lower arrest rate for misdemeanor marijuana possession in adopting areas. However, the lower relative arrest rate is driven by a spike in the arrest rate in areas not affected by the mandate rather than a reduction in adopting …