Digital Commons Network^™

Recognizing Her Characteristics As A Leader: An Examination Of The Self-Assessment Of Women Leaders As Shaped By Social Identity Theory And The Concept Of Double Consciousness, John C. Gregory

Theses and Dissertations

Women leaders are grossly underrepresented in police and Army organizations and relevant research suggests that women face the most significant challenges in reaching leadership positions in male dominant organizations. Although there have been recent policy changes to increase opportunities for women in police and Army organizations, women are still barely represented in senior command and primary staff positions in police and Army organizations. When women are underrepresented, particularly at the most senior ranks, there are implications regarding cultural, structural, and attitudinal challenges that simply should not still exist in these organizations. Using qualitative methods, this study examined the experiences of …

Assessing The Implementation Of Campus Safety Policies In Virginia Community Colleges: An Analysis Of The Forces At Play In Higher Education Institutional-Level Policymaking, Steven T. Keener

Theses and Dissertations

The purpose of this study was to assess the extent to which community colleges have implemented major post-Virginia Tech campus safety recommendations. In addition to gaining a comprehensive overview of the safety policies and practices in place, this study assessed if campus safety policy implementation levels at the community colleges correlated with institutional characteristics, and the internal and external forces that helped drive the implementation of these policies. Focusing specifically upon the Virginia Community College System, data on the policies and practices in place at each of the 23 Virginia community colleges were collected from institutional websites and through follow-up …

West Africa – The Region’S Pivotal Role In International Drug Trafficking, Richard Rousseau

Khazar Journal of Humanities and Social Sciences

Africa is a pivotal continent for international drug traffickers and criminal organizations. According to the United Nations Office on Drugs and Crime (UNODC) estimates, approximately 40 to 50 tons of cocaine destined for the European market passes through the African continent each year.1 The illicit profits from such activities amount to at least 1.8 billion dollars, but it could be much larger according to some estimates. Such profits provide drug traffickers with the financial means to destabilize already weak governmental structures and law enforcement institutions in various African countries. This massive profits fuel a trade that has far reaching consequences …

Cognitive Competence In Executive-Branch Decision Making, Anna Spain Bradley

Publications

The decisions Presidents and those operating under their authority take determine the course of our nation and the trajectory of our lives. Consequently, understanding who has the power and authority to decide has captured both the attention of legal scholars across a variety of fields for many years and the immediate worry of the public since the 2016 Presidential election. Prevailing interventions look for ways that law can offer procedural and institutional reforms that aim to maintain separation of powers and avoid an authoritarian regime. Yet, these views commonly overlook a fundamental factor and a more human one: the individuals …

Biometric Cyberintelligence And The Posse Comitatus Act, Margaret Hu

Faculty Publications

This Article addresses the rapid growth of what the military and the intelligence community refer to as “biometric-enabled intelligence.” This newly emerging intelligence tool is reliant upon biometric databases—for example, digitalized storage of scanned fingerprints and irises, digital photographs for facial recognition technology, and DNA. This Article introduces the term “biometric cyberintelligence” to more accurately describe the manner in which this new tool is dependent upon cybersurveillance and big data’s massintegrative systems.

This Article argues that the Posse Comitatus Act of 1878, designed to limit the deployment of federal military resources in the service of domestic policies, will be difficult …

From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System, Fredric I. Lederer

Faculty Publications

No abstract provided.

Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs

Faculty Publications

International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines …

Coordinating Compliance Incentives, Veronica Root

Journal Articles

In today’s regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that governmental actors — from the Department of Justice, to the Securities and Exchange Commission, to even the Commerce Department — place on the need for institutions to adopt “effective compliance programs.” The governmental actors that demand effective compliance programs, however, have narrow scopes of authority. DOJ Fraud handles violations of the Foreign Corrupt Practices Act, while the …

Education Impacts Of Zero-Tolerance Expulsions On Now-Incarcerated Individuals, John D. Suarez

Graduate Research Theses & Dissertations

This is a qualitative research study of the educational impacts that a zero-tolerance expulsion has had on now-incarcerated students. The data collected from face-to-face interviews at the Illinois Department of Juvenile Justice facility in St. Charles, Illinois. The theoretical framework of the research is built upon Critical Race Theory that provides a setting in which to examine the realities, both long-and short-term that is associated with these expulsions. The researcher interviewed six participants who qualified for this research. The qualifications for participation were that the individual is at least 18 years old, and have been expelled for a zero-tolerance infraction. …

Race, Ethnicity, Economics, And Federalism : State Sentiment Regarding Noncitizens From 2009 To 2014, Timothy Marquez

Graduate Research Theses & Dissertations

This dissertation examines the causes and means of state legislative action on immigration in the United States along a range of policy issues from 2009 to 2014. The work begins by placing the phenomenon of immigration restriction and accommodation in its historical context, alongside other instances of localized opposition to demographic change. Next, I examine the state-level demographic changes which occurred during the last Census period, from 2001 to 2010. I find that Latino population growth occurred heaviest in rural states with large African American populations. I then turn to analyze state restrictions placed on noncitizens residing in the American …

Gang Neighborhood And Youth Criminal Behavior, Uche Eseosa Ekhator

Graduate Research Theses & Dissertations

I examine the effect of the presence of gangs in a youth's neighborhood on criminal behavior in the United States using data from the National Longitudinal Survey of Youth 1997 (NLSY97) with a Multivariate Analysis of Covariance (MANCOVA) model. There is evidence that the presence of gangs in a youth's neighborhood affects youth arrests, delinquency and substance use taken together for youths born to mothers who are 30 years or older. The negative effect of gangs on incidences of delinquency is larger for youths born to teen mothers than for those whose mothers were 30 years or older when they …

Introduction To The Volume, Michael Bazyler, Stanley Goldman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Nuremberg Symposium, Transcript Of The Proceedings, Richard D. Heideman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Fairness Of Tribal Court Juries And Non-Indian Defendants, Julia M. Bedell

American Indian Law Review

No abstract provided.

States And Their American Indian Citizens, Matthew L.M. Fletcher

American Indian Law Review

No abstract provided.

Through A Federal Habeas Corpus Glass, Darkly – Who Is Entitled To Effective Assistance Of Counsel In Tribal Court Under Icra And How Will We Know If They Got It?, Jordan Gross

American Indian Law Review

No abstract provided.

Alvarez V. Lopez: The Ninth Circuit Overextends Congress's Intended Use Of Plenary Powers With Its Interpretation Of The Icra Jury Provision, Teddy Webb

American Indian Law Review

No abstract provided.

Using Critical Discourse Analysis To Understand Power, Personal Agency And Accountability In The Stanford Rape Case, Sara Potter

Journal Articles

No abstract provided.

Deconstructing “Deviance” And “Disorder” As Systems Of Domination: Chicago Public Schools As A Case Study Of The Effects Of Zero Tolerance Discipline Policies On Educational Outcomes In Us Schools, Maya Kaul

Pomona Senior Theses

The rise of “zero tolerance” discipline practices in US primary and secondary schools has become increasingly well documented by the media and empirical studies. Despite the extensive scholarship that has emerged from these conversations, many of these analyses are limited in their scope and do not connect the phenomena of zero tolerance in schools to the diverse, shifting forces at play within American politics and policy today. As such, the goal of this work is to synthesize ideas about zero tolerance across disciplines by integrating historical thought, philosophical frameworks of punishment, shifting policy goals within the US education system, the …

Planting Seeds: Life Stories Of Awakening Self-Awareness, Aixa Mendez

Electronic Theses and Dissertations

Using real-life stories written by female offenders, Planting seeds - Life Stories of Awakening Self-Awareness seeks to identify the systematic challenges these females may have faced, that in most cases, are the root-causes of their derailment from the societal norms of conduct. Applying the concepts of community and social justice and equality as a lens, this work will attempt to corroborate, as a universal postulate, that the process of sharing life stories can have transformative effects on the individuals and that theatre techniques, such as theatre games and scripting can help identify those impediments to restoring lives. Key to the …

Flagging The Middle Ground Of The Right To Be Forgotten: Combatting Old News With Search Engine Flags, Hannah L. Cook

Vanderbilt Journal of Entertainment & Technology Law

Incomplete and outdated news articles present an increasing problem for individuals who find themselves stigmatized on the basis of truthful but misleading reports. This Article proposes a moderate solution between the European right to be forgotten and the protectionless status quo in the United States. It proposes a flagging system, administered through Federal Trade Commission adjudications, where links to articles whose private harms outweigh their public benefits are flagged in the search results of an individual. This flag will help combat psychological biases that may cause decisionmakers to place an irrational weight on these articles while preserving the ability of …

I'Ve Got My Mind Made Up: How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Articles & Chapters

Courts are, and have always been, teleological in cases involving litigants with mental disabilities. By “teleological,” I refer to outcome-determinative reasoning; social science that enables judges to satisfy predetermined positions is privileged, while data that would require judges to question such ends are rejected. In this context, judges treat biologically-based evidence in criminal cases involving questions of mental disability law so as to conform to their pre-existing positions. This applies to cases involving questions of the death penalty, the insanity defense, civil competency, incompetency to stand trial, questions related to malingering, and criminal sentencing, and more.

In this paper, I …

Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky

Other Publications

No abstract provided.

Open To Justice: The Importance Of Student Selection Decision In Law School Clinics, Deborah N. Archer

Articles & Chapters

No abstract provided.

Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

In Strickland vs. Washington, the Supreme Court acknowledged that the role of counsel is critical to the ability of the adversarial system to best insure that just results are produced. Yet, the Court did not elaborately define the Sixth Amendment constitutional right to counsel and lower courts, have set the bar shockingly low.

In this article we examine the quality of attorneys who litigate Sexually Violent Predator Act (SVPA) cases, and conclude that a failure to apply a higher standard of adequate counsel – beyond what was set out in Strickland – results in humiliation, shame and lack of dignity …

"Toiling In The Danger And In The Morals Of Despair": Risk, Security, Danger, The Constitution, And The Clinician's Dilemma, Michael L. Perlin, Alison Lynch

Articles & Chapters

Persons institutionalized in psychiatric hospitals and “state schools” for those with intellectual disabilities have always been hidden from view. Such facilities were often constructed far from major urban centers, availability of transportation to such institutions was often limited, and those who were locked up were, to the public, faceless and often seen as less than human.

Although there has been regular litigation in the area of psychiatric (and intellectual disability) institutional rights for 40 years, much of this case law entirely ignores forensic patients – mostly those awaiting incompetency-to-stand trial determinations, those found permanently incompetent to stand trial, those acquitted …

Proposing A One-Year Time Bar For 8 U.S.C. § 1226(C), Jenna Neumann

Michigan Law Review

Section 1226(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires federal detention of certain deportable noncitizens when those noncitizens leave criminal custody. This section applies only to noncitizens with a criminal record (“criminal noncitizens”). Under section 1226(c), the Attorney General must detain for the entire course of his or her removal proceedings any noncitizen who has committed a qualifying offense “when the alien is released” from criminal custody. Courts construe this phrase in vastly different ways when determining whether a criminal noncitizen will be detained. The Board of Immigration Appeals (BIA) and the Fourth Circuit read “when …

The Crime Lab In The Age Of The Genetic Panopticon, Brandon L. Garrett

Michigan Law Review

Review of Unfair: The New Science of Criminal Injustice by Adam Benforado, Inside the Cell: The Dark Side of Forensic DNA by Erin E. Murphy, and Cops in Lab Coats: Curbing Wrongful Convictions Through Independent Forensic Laboratories by Sandra Guerra Thompson.

The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr

Michigan Law Review

When judges interpret the Fourth Amendment, and privacy legislation regulates the government’s conduct, should the legislation have an effect on the Fourth Amendment? Courts are split three ways. Some courts argue that legislation provides the informed judgment of a coequal branch that should influence the Fourth Amendment. Some courts contend that the presence of legislation should displace Fourth Amendment protection to prevent constitutional rules from interfering with the legislature’s handiwork. Finally, some courts treat legislation and the Fourth Amendment as independent and contend that the legislation should have no effect. This Article argues that courts should favor interpreting the Fourth …

Front Matter

Michigan Law Review

No abstract provided.