Digital Commons Network^™

The Surprising History Of The Preponderance Standard Of Civil Proof, John Leubsdorf

Florida Law Review

Although much has been written on the history of the requirement of proof of crimes beyond a reasonable doubt, this is the first study to probe the history of its civil counterpart, proof by a preponderance of the evidence. It turns out that the criminal standard did not diverge from a preexisting civil standard, but vice versa. Only in the late eighteenth century, after lawyers and judges began speaking of proof beyond a reasonable doubt, did references to the preponderance standard begin to appear. Moreover, U.S. judges did not start to instruct juries about the preponderance standard until the mid-nineteenth …

Docs V. Glocks: Speech, Guns, Discrimination, And Privacy—Is Anyone Winning?, Marla Spector Bowman

Florida Law Review

Americans discuss some of the most intimate details of their lives within the small confines of their neighborhood doctor's office. Many Americans, however, may be taken aback if their physician asked them whether they owned a firearm during a routine physical examination. Although most Americans might not consider firearms education to be their physician's primary purpose, a significant number of doctors in Florida, and throughout the medical community, consider promoting firearms safety a part of practicing preventative medicine.

When a group of Florida legislators saw this behavior as a threat to the Second Amendment, gun owner access to healthcare, and …

State Not Required To Provide Counsel On Appeal To Supreme Court

The Catholic Lawyer

No abstract provided.

First Conviction Under New York Barratry Statute

The Catholic Lawyer

No abstract provided.

Technical Difficulties: Why A Broader Reading Of Graham And Miller Should Prohibit De Facto Life Without Parole Sentences For Juvenile Offenders, Daniel Jones

St. John's Law Review

(Excerpt)

This Note argues that the spirit of the trilogy prohibits courts from sentencing juvenile offenders, regardless of their crime(s), to de facto life sentences. This Note maintains that the Eighth Amendment of the United States Constitution and the relevant case law render de facto life sentences unconstitutional. Part I examines the history of juvenile sentencing laws and concludes that many of the laws currently in place are based on a misguided fear that juveniles are more culpable than adult offenders. Part I also examines the relevant Supreme Court Eighth Amendment jurisprudence as well as the competing theoretical arguments used …

Important Is Not Important Enough: Forcibly Medicating Defendants For Sentencing Using The Important Interest Standard, Sarah Viebrock

St. John's Law Review

(Excerpt)

This Note analyzes whether the Government’s interest in sentencing is the same as its interest in trial, and whether the “important interest” standard is a high enough threshold for the Government when it seeks to forcibly medicate a defendant for sentencing. This Note will conclude that because of the procedural alternatives to forcible medication at sentencing, the functional differences between trial and sentencing, and the spirit of the Supreme Court’s decision in Sell, the Government should be required to demonstrate a compelling, rather than an important, interest when it seeks to forcibly medicate a defendant for sentencing.

Part …

Let The Judge Speak: Reconsidering The Role Of Rehabilitation In Federal Sentencing, Madeline W. Goralski

St. John's Law Review

(Excerpt)

This Note contends that the importance of rehabilitation as a valid and necessary principle of punishment is overlooked in § 3582(a) of the SRA and further argues that a judge should be permitted to consider rehabilitation when deciding to sentence a defendant to a term of imprisonment, so long as rehabilitation is not a dominant factor in coming to that decision. Part I outlines the principles of punishment and the rise and decline of the rehabilitative system of punishment in the United States. It also discusses the importance of rehabilitation and how society could benefit from a system that …

Triggerman: Maintaining The Distinction Between Deliberate Violence And Conspiracy Under The Armed Career Criminal Act, Elizabeth A. Tippett

St. John's Law Review

(Excerpt)

This Note argues that conspiracies to commit violent felonies are not violent felonies under § 924(e)(2)(B)(i) because, while criminals may participate in conspiracies in the hopes of accomplishing the underlying offense, conspiracies are distinct crimes and do not categorically have elements of threatened, attempted, or actual use of physical force. Part I of this Note describes relevant legal history behind the ACCA, the applicable law, and the process courts use to determine whether criminals are subject to the fifteen-year mandatory minimum. Part II analyzes the approaches represented in the circuit split. Part III demonstrates how relevant legislative history, case …

Spring 2017 Making And Breaking The Law Theme Highlights Exciting Courses, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.

Grand Valley Forum, Volume 041, Number 07, October 10, 2016, Grand Valley State University

2016-2017, Volume 41

Grand Valley Forum is Grand Valley State's faculty and staff newsletter, published from 1976 to the present.

Commonwealth Times 2016-10-10

Commonwealth Times, 1969-

No abstract provided.

Students Prepare For Careers Through New York And D.C. Internships, Pam Starling

University of Mississippi News

UM program offers insight, connections and course credit

Faculty In The News: October 10, 2016, University Of Dayton

College of Arts and Sciences Newsroom

Christopher Devine discusses 2016 election debates with several media outlets, and other highlights of recent media coverage of College of Arts and Sciences faculty research, scholarship and commentary.

No Queer Child Left Behind, Orly Rachmilovitz

University of San Francisco Law Review

No abstract provided.

Why And How The Supreme Court Should End The Death Penalty, Kenneth Williams

University of San Francisco Law Review

No abstract provided.

Student Life E-Newsletter October 10, 2016, Seattle University School Of Law Student Life

Student Life E-Newsletters

No abstract provided.

The Rider (2016-10-10), Jesus Sanchez

The Rider Archives

Vol.2 No.7

Obscenity: Prosecution Problems And Legislative Suggestions, Richard H. Kuh

The Catholic Lawyer

No abstract provided.

2016-10-08 Faculty Handbook, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Handbook revised on October 8, 2016.

Recruiting And Retaining Individuals With Serious Mental Illness And Diabetes In Clinical Research: Lessons Learned From A Randomized, Controlled Trial., Stephanie W. Kanuch M.Ed., Kristin A. Cassidy Ma, Neal Dawson Md, Melanie Athey Ms, Edna Fuentes-Casiano Mssw, Martha Sajatovic Md

Journal of Health Disparities Research and Practice

Abstract: Recruitment and retention of individuals with serious mental illness (SMI) and comorbid diabetes mellitus (DM) in research studies can be challenging with major impediments being difficulties reaching participants via telephone contact, logistic difficulties due to lack of transportation, ongoing psychiatric symptoms, and significant medical complications. Research staff directly involved in recruitment and retention processes of this study reviewed their experiences. The largest barriers at the macro, mediator, and micro levels identified in this study were inclement weather, transportation difficulties, and intermittent and inaccessible telephone contact. Barrier work-around practices included using the health system’s EHR to obtain current phone numbers, …

America's Two First Freedoms: A Biblical Christian Perspective On How The Second Amendment Secures First Amendment Rights, Hon. J. Kenneth Blackwell

Liberty University Law Review

No abstract provided.

Hear Us Roar, October 7, 2016, Michael Shonrock

Michael Shonrock

Digital newsletter produced by the office of President Michael Shonrock.

Redefining The Role Of The Police: Perspectives And Expectations, Richard Zitzke, Jonathan Mccombs

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

The American Policing infrastructure and much of the criminal justice system is under fire for what is perceived as racial and biased policing and Draconian enforcement tactics. The book explores the evolution of the history of policing and how the public perception of the police has changed over the decades. The exploration of a changing expectation where the police receive mixed messages from policy makers and the legal community is exacerbated by the human bias throughout the system. Police training and hiring practices have been focused on in order to achieve the greatest impact, but much work must be done …

Alum Furthers Career In Criminal Justice Through Gwu Degree Completion Program, Office Of University Communications

Gardner-Webb NewsCenter Archive

Despite the dangers, Travis Brittain (’08) of Gastonia, N.C., decided from a young age to serve the community through law enforcement. “The risks involved did not weigh as heavily upon me as the desire to join the profession,” he stated. “I wanted to be in a position to help people.”

Accenture And Aivis Partner To Strategically Meet Workforce Development Needs Of Both Markets/Industries And Hard To Employ Individuals, Erin Michel, Gloria Iannucci

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

Accenture, through its Corporate Citizenship Program, provided consulting services to Alvis, a nonprofit agency whose programs include workforce development services for individuals with criminal justice involvement. Employment is important for justice-involved individuals, yet they face a variety of barriers, such as the stigma of having a record, low levels of education and skills achievement, lack of transportation, time out of the workforce, etc. This project's purpose was to develop a demand-led skilling and employment plan to provide more opportunities to Alvis' 7,000+ annual clients by strengthening and enhancing Alvis' workforce development services. The project was a good match for the …

International Comparative Criminal Justice Project, Jonathan W. Mccombs

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

The high level of collaboration between universities allowed this project to be a success for the students and for learning. Limitations such as the 5 hour time difference were challenging but not insurmountable. The usefulness of online and collaborative projects of this sort can effectively substitute for study­ abroad activities that are often not available to older adult students that might have families and jobs. In future runs of the project we hope to extend the semester to an entire course instead of being part of a course.

Central Ohio Regional Enforcement: Share Training Feasibility Study, Sean Asbury, Jonathan Mccombs

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

The Central Ohio Regional Enforcement group of 25 law enforcement agencies applied for and was awarded a grant to study the feasibility of an online shared training platform that shows a pathway to college credit.

The Society For The Scientific Detection Of Crime, Jonathan Mccombs

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

You might ask, "What does the crime club do?" We are tasked with assisting law enforcement in evaluating cold cases or difficult criminal cases. Due to the expansive expertise represented in the field, we often have very unique and fresh input on cases. If you are a law enforcement officer with a Cold Case or a difficult case then we encourage you to contact us to present the case to the club. Case submissions should go through the Vice President of the Club.

All Perspectives Matter: A Co-Orientational Analysis Of Problem-Based Law Enforcement And Community Relationships, Jonathan Mccombs, James A. White, Joanna Williamson

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

The relationships between law enforcement officers and the communities they serve has been the focus of accelerating national scrutiny in light of numerous contentious and widely publicized incidents involving alleged protected police misconduct, or alternatively, citizen and government overreach.

Chopping For Change, Andrea Lindsay

Learning Showcase 2016: A Celebration of Discovery, Transformation and Success

Of the 27.5% of returning citizens who recidivated in Ohio in 2015, how many re-offended because they felt they had no other way of supporting themselves or their families?

• For over 40 years, Lutheran Metropolitan Ministry (Cleveland, OH) has been providing re-entry services, including job training, for individuals returning from incarceration.
• 90% of those who graduate from LMM's job readiness programs, many of whom have a history with the criminal justice system, go on to find long-term employment.
• Yet for those recently released from prison, waiting to earn an income until completing a training program can be a significant challenge.