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2017

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Comparative Analysis Of Privilege In Relation To The School District Of Philadelphia And The Tredyffrin-Easttown School District, Kathryn Battafarano Jan 2017

Comparative Analysis Of Privilege In Relation To The School District Of Philadelphia And The Tredyffrin-Easttown School District, Kathryn Battafarano

Undergraduate Honors Thesis Collection

Although public education is an option for all local residents, the variation in American public education is littered with inequalities. In particular, the School District of Philadelphia and the Tredyffrin-Easttown School District are representative of this variation. The School District of Philadelphia is located within the biggest Pennsylvanian city. The Tredyffrin-Easttown School District is a smaller school district operating in a suburban area in close proximity to Philadelphia. There are three focus areas, socio-economic levels, geographic region, and funding, which specifically constitute the differences in these school districts. The differences show how privileged educational circumstances arise. This analysis suggests that …


Imprisoning Sexuality: The Abuses Of The State In Homosexual Male Incarceration At Alcatraz Federal Penitentiary (1934-1957), Vic Overdorf Jan 2017

Imprisoning Sexuality: The Abuses Of The State In Homosexual Male Incarceration At Alcatraz Federal Penitentiary (1934-1957), Vic Overdorf

Undergraduate Honors Thesis Collection

Between 1934 and 1957, J. Edgar Hoover - the presiding director of the U.S. Federal Bureau of Investigation – signed documents approving the transfer of over twenty military men with a charge of “Sodomy” to Alcatraz Federal Penitentiary. Through the first half of the twentieth century, Alcatraz was notorious for it’s incredibly violent and high profile criminals. Since the island was isolated and conditions were severe, Alcatraz was the designated site for the United States to imprison undesirable people: violent and influential men who they did not want to rejoin society. When considering the legal term “Sodomy”– which in 1934 …


"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez Jan 2017

"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez

Faculty Articles and Papers

The Fourth Amendment's probable cause requirement is not about numbers or statistics. It is about requiring the police to account for their decisions. For a theory of wrongdoing to satisfy probable cause-and warrant a search or seizure-it must be plausible. The police must be able to explain why the observed facts invite an inference of wrongdoing, and judges must have an opportunity to scrutinize that explanation.

Until recently, the explanatory aspect of Fourth Amendment suspicion-"plausible cause"-has been uncontroversial, and central to the Supreme Court's jurisprudence, for a simple reason: explanations have served, in practice, as a guarantor of statistical likelihood. …


Restorative Justice In The Context Of Intimate Partner Violence: Suggestions For Its Qualified Usage As Supplementary To The Criminal Justice System, Avila Stahlman Jan 2017

Restorative Justice In The Context Of Intimate Partner Violence: Suggestions For Its Qualified Usage As Supplementary To The Criminal Justice System, Avila Stahlman

University of Florida Journal of Law & Public Policy

No abstract provided.


Ministers Of Justice And Mass Incarceration, Lissa Griffin Jan 2017

Ministers Of Justice And Mass Incarceration, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

Over the past few years, scholars, legislators, and politicians have come to recognize that our current state of “mass incarceration” is the result of serious dysfunction in our criminal justice system. As a consequence, there has been significant attention to the causes of mass incarceration. These include the war on drugs and political decisions based on a “law and order” perspective. Congressional and state legislative enactments increased the financing of the expansion of police powers and provided for severely punitive sentencing statutes, thereby giving prosecutors uniquely powerful weapons in securing guilty pleas. All of this occurred as crime rates dropped. …


The Life And Legacy Of Chief Judge Lawrence H. Cooke: "Truly An Exemplary Life. A Life Well Lived", Jay C. Carlisle Jan 2017

The Life And Legacy Of Chief Judge Lawrence H. Cooke: "Truly An Exemplary Life. A Life Well Lived", Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

It is an appropriate tribute to the late Chief Judge of New York, Lawrence H. Cooke, that this article be devoted to a man who many leaders of the bench, bar, and academia consider to be the greatest jurist to ever serve on New York State's highest court. Chief Judge Cooke, better known as Larry, served with honor and distinction as an associate judge of the Court of Appeals, and later as Chief Judge.


Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop Jan 2017

Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop

UIC Law Review

No abstract provided.


Lawrence, Winter 2017, Lawrence University Jan 2017

Lawrence, Winter 2017, Lawrence University

Alumni Magazines

No abstract provided.


Orda Weekly Update, 2017 02 06, Office Of Research Development And Administration Jan 2017

Orda Weekly Update, 2017 02 06, Office Of Research Development And Administration

ORDA Weekly Update

No abstract provided.


Trafficking Rescue Initiatives As State Violence, Sabrina Balgamwalla Jan 2017

Trafficking Rescue Initiatives As State Violence, Sabrina Balgamwalla

Law Faculty Research Publications

No abstract provided.


Problem-Solving Courts In Illinois: Courtroom Innovation Favoring Adjustment Instead Of Adjudication, Arielle Berens Jan 2017

Problem-Solving Courts In Illinois: Courtroom Innovation Favoring Adjustment Instead Of Adjudication, Arielle Berens

Loyola University Chicago Law Journal

No abstract provided.


Corrupt Practices In Saudi Arabia: An Analysis Of The Legal Provisions And The Influence Of Social Factors, Abdulmajeed Alshalan Jan 2017

Corrupt Practices In Saudi Arabia: An Analysis Of The Legal Provisions And The Influence Of Social Factors, Abdulmajeed Alshalan

Maurer Theses and Dissertations

In 2015, the National Anti-Corruption Commission (Nazaha) conducted a survey to assess corruption in Saudi Arabia. From this survey, two main findings deserve to be highlighted. First, the survey reveals that the practice of wasta was the most prevalent corrupt practice in Saudi society, constituting about 62 percent of such practices. This finding shows that it is essential to examine such a practice not only as a legal issue, but also as a social issue. Accordingly, the first part of this dissertation is devoted to providing a legal and social analysis of the practice of wasta. Another …


An Empirical Study Of China's Change-Of-Venue System In Anti-Corruption Litigation: Implications For Anti-Corruption Reform, Jinting Deng Jan 2017

An Empirical Study Of China's Change-Of-Venue System In Anti-Corruption Litigation: Implications For Anti-Corruption Reform, Jinting Deng

Maurer Theses and Dissertations

Presenting the first empirical study of the change-of-venue (COV) system in Chinese corruption cases, this dissertation assesses the role of the COV system in China’s anti-corruption campaign. Although COV is routinely triggered in Chinese corruption cases, COV remains understudied and poorly understood. Scholars, judges, and practitioners expected that the COV system would increase sentences by removing defendants from the jurisdictions of local judges where they would benefit from bias and cronyism. However, this dissertation’s empirical findings – from an analysis of over 800 corruption cases in Beijing – indicate that, after accounting for other variables, sentences for corruption did not …


Faculty Pages, The University Of Pacific, Mcgeorge School Of Law Jan 2017

Faculty Pages, The University Of Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.


Chapter 627: Not All Spice Is Nice, Kendall Fisher Jan 2017

Chapter 627: Not All Spice Is Nice, Kendall Fisher

University of the Pacific Law Review

No abstract provided.


Sb 1052: Miranda Rights For Minors, Albert G. Mendoza Jan 2017

Sb 1052: Miranda Rights For Minors, Albert G. Mendoza

University of the Pacific Law Review

No abstract provided.


Faculty Pages, The University Of Pacific, Mcgeorge School Of Law Jan 2017

Faculty Pages, The University Of Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.


The False Dichotomy Between Theory And Skills Training: Why Good Lawyers Need To Pay Attention To Theory, Michael Vitiello Jan 2017

The False Dichotomy Between Theory And Skills Training: Why Good Lawyers Need To Pay Attention To Theory, Michael Vitiello

University of the Pacific Law Review

No abstract provided.


Index To Volume 48—Title, The University Of Pacific, Mcgeorge School Of Law Jan 2017

Index To Volume 48—Title, The University Of Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.


Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan B. Stoa Jan 2017

Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan B. Stoa

University of the Pacific Law Review

No abstract provided.


Year In Review Lecture, Milena Sterio Jan 2017

Year In Review Lecture, Milena Sterio

Law Faculty Articles and Essays

No abstract provided.


Undermining The United States Sentencing Guidelines: Downward Departure In Child Pornography Cases, Dolores Bujnowski Jan 2017

Undermining The United States Sentencing Guidelines: Downward Departure In Child Pornography Cases, Dolores Bujnowski

Student Works

No abstract provided.


Collaborating Across The Walls: A Community Approach To Parole Justice, Michelle Lewin, Nora Caroll Jan 2017

Collaborating Across The Walls: A Community Approach To Parole Justice, Michelle Lewin, Nora Caroll

All Categories

No abstract provided.


The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman Jan 2017

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

UF Law Faculty Publications

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.


John Moore Jr.: Moore V City Of East Cleveland And Children's Constitutional Arguments, Nancy E. Dowd Jan 2017

John Moore Jr.: Moore V City Of East Cleveland And Children's Constitutional Arguments, Nancy E. Dowd

UF Law Faculty Publications

At the heart of Moore v City of East Cleveland is 7 year old John Moore Jr. How would we tell the story of Moore from his perspective, and how might the case have been constructed if his rights and constitutional harms were asserted? The ordinary act of registering John for school was the apparent trigger for efforts to exclude him from school, by mandating his removal from his grandmother’s house, after an earlier effort to deny his entry into school had failed. In this essay I first tell the story of the case from John’s perspective and then construct …


Critical Black Protectionism, Black Lives Matter, And Social Media: Building A Bridge To Social Justice, Katheryn Russell-Brown Jan 2017

Critical Black Protectionism, Black Lives Matter, And Social Media: Building A Bridge To Social Justice, Katheryn Russell-Brown

UF Law Faculty Publications

This Article provides a detailed, contemporary examination and critique of the practice of Black protectionism. The discussion focuses on how Black protectionism has evolved over the decades, and whether the changes make it a more useful tool for community empowerment than its applications in previous eras. Its latest iteration, herein labeled Critical Black Protectionism, is assessed and evaluated in light of the increasing use of social media.This Article is divided into five parts. Part I provides an overview of Black protectionism, its roots and evolution. As well, this Part examines how African Americans have used protectionism. Part II sets out …


Straight Out Of Compton: Developmental Equality And A Critique Of The Compton School Litigation, Nancy E. Dowd Jan 2017

Straight Out Of Compton: Developmental Equality And A Critique Of The Compton School Litigation, Nancy E. Dowd

UF Law Faculty Publications

In Part I, I set out my developmental equality model in three sections. First, I briefly explore the ecological perspective on child development, a broadly accepted developmental model, and its relation to best interests. Second, I consider the limitations of a ‘neutral’ ecological perspective, using as my example data about the life course of African American boys from birth to age 18. Finally, I suggest how to shift the lens to one of developmental equality, using the theoretical models of Cynthia Garcia Coll and Margaret Beale Spencer. While linked to the experience of children of color in the United States, …


Retributive Justifications For Jail Diversion Of Individuals With Mental Disorder, E. Lea Johnston Jan 2017

Retributive Justifications For Jail Diversion Of Individuals With Mental Disorder, E. Lea Johnston

UF Law Faculty Publications

Jail diversion programs have proliferated across the United States as a means to decrease the incarceration of individuals with mental illnesses. These programs include pre-adjudication initiatives, such as Crisis Intervention Teams, as well as post-adjudication programs, such as mental health courts and specialized probationary services. Post-adjudication programs often operate at the point of sentencing, so their comportment with criminal justice norms is crucial. This article investigates whether and under what circumstances post-adjudication diversion for offenders with serious mental illnesses may cohere with principles of retributive justice. Key tenets of retributive theory are that punishments must not be inhumane and that …


Mental Health Courts And Sentencing Disparities, E. Lea Johnston, Conor P. Flynn Jan 2017

Mental Health Courts And Sentencing Disparities, E. Lea Johnston, Conor P. Flynn

UF Law Faculty Publications

Despite the proliferation of mental health courts across the United States, virtually no attention has been paid to the criminal justice effects these courts carry for participants. This article provides the first empirical analysis of differential sentencing practices in mental health and traditional criminal courts. Using a case study approach, the article compares how Pennsylvania’s Erie County Mental Health Court and county criminal courts sentenced individuals who committed the same offenses and held the same average criminal history score. Information on the mental health court—including eligibility criteria, plea bargaining and sentencing procedure, sentencing policies, program length, graduation rates, likelihood of …


Valuing Identity, Osamudia R. James Jan 2017

Valuing Identity, Osamudia R. James

Articles

No abstract provided.