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2017

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Implementing Proportionality, Perry Moriearty Jan 2017

Implementing Proportionality, Perry Moriearty

Articles

Over the last fourteen years, the Supreme Court has issued five decisions that impose substantive constraints on our harshest punishments -- forbidding the execution of those with “mental retardation” in Atkins v. Virginia, of juveniles in Roper v. Simmons, and of those convicted of child sexual assault in Kennedy v. Louisiana, and forbidding the sentence of life without parole for juveniles who had not killed in Graham v. Florida and for all juveniles when it is imposed mandatorily in Miller v. Alabama. Because the offenders in question were categorically less culpable, the proscribed punishment was disproportionately severe, the Court held. …


2017 Fall Commencement, Georgia Southern University Jan 2017

2017 Fall Commencement, Georgia Southern University

Commencement Programs

No abstract provided.


Commencement Program (December 2017), Csusb Jan 2017

Commencement Program (December 2017), Csusb

CSUSB Commencement Programs

No abstract provided.


Commencement Program (June 2017), Csusb Jan 2017

Commencement Program (June 2017), Csusb

CSUSB Commencement Programs

No abstract provided.


The Influence Of Family Composition On Adolescent Problem Behavior: The Moderating Roles Of Gender And Adult Support, Jasmine Coleman Jan 2017

The Influence Of Family Composition On Adolescent Problem Behavior: The Moderating Roles Of Gender And Adult Support, Jasmine Coleman

Theses and Dissertations

There is convincing support for the link between family composition and adolescents’ problem behaviors. What is less clear is the extent to which these relations exist for African-American adolescents. Previous studies have demonstrated that this relation varies by gender. However, there is limited evidence to suggest the potential moderating influence of adult support. The purpose of this study was to examine the influence of family composition on adolescents’ physical aggression, delinquency, and substance use. The study comes from secondary analyses of a larger study that evaluated the effectiveness of a violence prevention program. The current study included 1,116 African-American middle …


Prisoners’ Rights Manual, Aparna Chandra, Mrinal Satish, Ritu Kumar Jan 2017

Prisoners’ Rights Manual, Aparna Chandra, Mrinal Satish, Ritu Kumar

Books

No abstract provided.


Full Issue, Socio-Legal Review Jan 2017

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.


Development And Properties Of Kernel-Based Methods For The Interpretation And Presentation Of Forensic Evidence, Douglas Armstrong Jan 2017

Development And Properties Of Kernel-Based Methods For The Interpretation And Presentation Of Forensic Evidence, Douglas Armstrong

Electronic Theses and Dissertations

The inference of the source of forensic evidence is related to model selection. Many forms of evidence can only be represented by complex, high-dimensional random vectors and cannot be assigned a likelihood structure. A common approach to circumvent this is to measure the similarity between pairs of objects composing the evidence. Such methods are ad-hoc and unstable approaches to the judicial inference process. While these methods address the dimensionality issue they also engender dependencies between scores when 2 scores have 1 object in common that are not taken into account in these models. The model developed in this research captures …


Active Judging And Access To Justice, Anna Carpenter Jan 2017

Active Judging And Access To Justice, Anna Carpenter

Faculty Articles

"Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.” Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about …


Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson Jan 2017

Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson

Faculty Articles

In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil. In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series. …


Winter Commencement, December 16, 2017, Eastern Michigan University Jan 2017

Winter Commencement, December 16, 2017, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.


Where Sex Offender Registration Laws Miss The Point: Why A Return To An Individualized Approach And A Restoration Of Judicial Discretion In Sentencing Will Better Serve The Governmental Goals Of Registration And Protect Individual Liberties From Unnecessary Encroachments, Justin P. Rose Jan 2017

Where Sex Offender Registration Laws Miss The Point: Why A Return To An Individualized Approach And A Restoration Of Judicial Discretion In Sentencing Will Better Serve The Governmental Goals Of Registration And Protect Individual Liberties From Unnecessary Encroachments, Justin P. Rose

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


2017 The Lindenwood Review, Lindenwood University Jan 2017

2017 The Lindenwood Review, Lindenwood University

State of the University Address (Formerly Annual Reports or President's Reports/)

The 2017 annual report of Lindenwood University. This issue includes a donor report.


Vol. 94, No. 3: Foreword, Jenny Arwade, Jim Freeman Jan 2017

Vol. 94, No. 3: Foreword, Jenny Arwade, Jim Freeman

Denver Law Review

No abstract provided.


Foreword, Katherine Landfried, Jacob Grimes, Kelly Smallmon Jan 2017

Foreword, Katherine Landfried, Jacob Grimes, Kelly Smallmon

Saint Louis University Public Law Review

No abstract provided.


The Sentencing Memorandum: The Legal And Societal Implications Of Its Online Publication, Jacob Grimes Jan 2017

The Sentencing Memorandum: The Legal And Societal Implications Of Its Online Publication, Jacob Grimes

Saint Louis University Public Law Review

No abstract provided.


Problem Posing In Consumer Mathematics Classes: Not Just For Future Mathematicians, Jeff Irvine Jan 2017

Problem Posing In Consumer Mathematics Classes: Not Just For Future Mathematicians, Jeff Irvine

The Mathematics Enthusiast

Problem posing is recognized as a key component of mathematics (Ellerton, 2013). However, in many curricula, problem solving often dominates over problem posing (Stoyanova, 2003). This focus on problem solving exists despite research that shows that problem posing improves students' problem-solving skills, attitudes, confidence, understanding of concepts, and mathematical thinking (Singer, Ellerton, & Cai, 2013); reinforces basic mathematical skills, increases motivation, responsibility, and thinking flexibility (Ponte & Henriques, 2013); and is useful for teachers to assess students' cognitive processes, identify misconceptions, and modify instruction (Ponte & Henriques, 2013). Further, problem posing can play a large part in student motivation (McLeod, …


2016 - 2017 Faculty Senate Annual Report, University Of South Carolina Jan 2017

2016 - 2017 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2016-2017 Faculty Senate Committee on Academic Responsibility Annual Report. Additional annual reports are attached.


The Influence Of Jailhouse Informant Testimony On Eyewitnesses' Propensity To Change Their Identification, Preston M. Smith Jan 2017

The Influence Of Jailhouse Informant Testimony On Eyewitnesses' Propensity To Change Their Identification, Preston M. Smith

Theses

The present study investigated the influence of jailhouse informant testimony on eyewitness identifications and self – reported confidence. Participants watched a video of an actual armed robbery and, after, made an identification decision from a photo lineup. Except for those in the no – feedback control condition, all participants then read that certain lineup members either confessed to the crime, denied involvement or were implicated by a jailhouse informant. Jailhouse informant testimony implicating the identified lineup member led participants to have higher confidence in their identification. In contrast, jailhouse informant testimony implicating one of the unidentified lineup members led participants …


Waymo V. Uber, Northern District Of California Jan 2017

Waymo V. Uber, Northern District Of California

Historical and Topical Legal Documents

NON-PARTY ANTHONY LEVANDOWSKI’S NOTICE OF MOTION AND MOTION FOR MODIFICATION OF COURT’S ORDER DATED MARCH 16, 2017


R. V. Lloyd And The Unpredictable Stability Of Mandatory Minimum Litigation, Asad G. Kiyani Jan 2017

R. V. Lloyd And The Unpredictable Stability Of Mandatory Minimum Litigation, Asad G. Kiyani

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The adjudication of the constitutionality of mandatory minimum sentences by the Supreme Court of Canada presents a contradictory message. On the one hand, cases challenging the constitutionality of mandatory minimum sentences appear before the Court on a seemingly annual basis. On the other hand, the actual treatment of those cases is anything but routine, presenting divergent and at times contradictory messages within the narrow range of mandatory minimum sentences jurisprudence, sentencing law more generally, and the definition of Charter rights broadly speaking. The Court’s decision in R. v. Lloyd1 is the latest iteration in this line of cases, clarifying and …


The Hours Are Long: Unreasonable Delay After Jordan, Palma Paciocco Jan 2017

The Hours Are Long: Unreasonable Delay After Jordan, Palma Paciocco

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In its most recent case on the section 11(b) Charter right to be tried within a reasonable time, R. v. Jordan, the Supreme Court of Canada invoked “the familiar maxim: ‘Justice delayed is justice denied.’” Marshall McLuhan once ventured a characteristically maverick rejoinder to that particular old chestnut: “Whereas convictions depend on speedups, justice requires delay.” In reality, both aphorisms hit upon important truths about our criminal justice system. Taken together, they underscore the importance of carefully calibrating the right to be tried within a reasonable time.


Reconciliation And The Constitution: A Transcript Of The Roundtable, Amar Bhatia, Beverley Jacobs, Jonathan Rudin, Douglas Sanderson, Mark Walters Jan 2017

Reconciliation And The Constitution: A Transcript Of The Roundtable, Amar Bhatia, Beverley Jacobs, Jonathan Rudin, Douglas Sanderson, Mark Walters

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

As described in the opening piece in this Volume of the Supreme Court Law Review, unprecedented national media and political attention was given to the relationship between Indigenous people and the Canadian state in 2016. As part of our conference, we asked a group of people to come together and talk about the future of the Constitution as a means or an obstacle to reconciliation with Indigenous peoples and First Nations in Canada. Amnesty International’s most recent global report on the State of the World’s Human Rights praised Canada’s action regarding refugees, but then noted that “[c]oncerns persisted about the …


Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon Jan 2017

Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon

Georgia Law Review

The FourthAmendment's exclusionary rule requires that
criminal courts suppress evidence obtained as a result of
an unconstitutionalsearch or seizure. The Supreme Court
has repeatedly stated that suppression is purely
regulatory, not remedial. Its only purpose is to deter
future police misconduct, not to remedy past privacy or
liberty harms suffered by the defendant. Exclusion, in
other words, is for the benefit of community members who
might, sometime in the future, be subject to police
misconduct like that endured by the defendant.
Exclusion's regulatory purpose would be greatly aided if
criminal courts could identify when a suppression motion
involved Fourth Amendment …


"Clientless" Prosecutors, Russell M. Gold Jan 2017

"Clientless" Prosecutors, Russell M. Gold

Georgia Law Review

Class counsel and prosecutors have a lot more in
common than scholars realize. Because these lawyers
have to make decisions on their client's behalf that clients
would make in other contexts, they prompt substantial
concerns about lawyers' accountability to their clients.
Accordingly, there is a lot that each context can learn from
the other about how to hold these lawyers accountable.
This Article considers what criminal law can learn from
class action law. Its central insights are first that diffuse
entities comprised largely of apathetic individuals cannot
be expected to hold their lawyers accountable. And second,
to combat that accountability …


Commodifying Policing: A Recipe For Community-Police Tensions, Nora V. Demleitner Jan 2017

Commodifying Policing: A Recipe For Community-Police Tensions, Nora V. Demleitner

Georgia Law Review

Deadly police-citizen encounters do not occur in a vacuum.
They reflect our times and our society. Since the fatal shooting of
Michael Brown in Ferguson, Missouri, the nation's attention has
been riveted on police killings. In small towns and large cities,
virtually all of the victims have been African-American. In some
cases, the fatal encounters led to riots. Large-scale investigations
by the Department of Justice's Civil Rights Division have provided
insight into some of the incidents.
Deadly police actions against citizens can be viewed as an
internal police problem,' as a symbol of larger societal challenges,
especially racism, or as …


Urban Policing And Public Policy-The Prosecutor's Role, Bruce Green Jan 2017

Urban Policing And Public Policy-The Prosecutor's Role, Bruce Green

Georgia Law Review

No abstract provided.


State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett Jan 2017

State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett

Georgia Law Review

In April of 1997, the U.S. Department of Justice (DOJ) reached
a settlement agreement with the Pittsburgh Bureau of Police
(PBP) to correct a pattern of unconstitutional misconduct.' It was
the first time the DOJ had used 42 U.S.C. § 14141 to intervene
into a local police department to correct systemic misconduct.
The statute, passed in response to the Rodney King beating,
provides the U.S. Attorney General with the power to seek
equitable relief against troubled local police departments.
As the reform process began to unfold in Pittsburgh, "problems
soon emerged." The consent decree required Pittsburgh to
improve its process …


Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan Jan 2017

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

Georgia Law Review

A movement toward police regulation by recording is
sweeping the nation. Responding to calls for
accountability, transparency and better evidence,
departments have rapidly adopted body cameras.
Recording policies require the police to record more law
enforcement encounters than ever before. But what
happens if officers do not record? This is an important,
growing area of controversy. Based on the collection
and coding of police department body camera policies,
this Article reveals widespread detection and
enforcement gaps regarding failures to record as
required. More than half of the major-city departments
in the sample have no provisions specifying
consequences for not recording …


School-To-Prison-Pipeline: The Factors That Cause It, And How We Can Prevent It, Alison L. Wittig Jan 2017

School-To-Prison-Pipeline: The Factors That Cause It, And How We Can Prevent It, Alison L. Wittig

Cal Poly Humboldt theses and projects

The “School-to-Prison pipeline” is an ongoing challenge and trend in the public school system in America due to inequity in the educational system, discriminatory policies towards students and families of color, and a lack of resources aimed at supporting at-risk youth and the economically disadvantaged within the community. Public schools have made continued progress in shifting their disciplinary policies away from punitive, “zero tolerance” models and towards positive behavioral interventions, but there continues to be a disproportionate number of students ending up in the school-to-prison-pipeline from economically disadvantaged communities and homes. Lawmakers continue to create policies in an effort to …