Digital Commons Network^™

“Not To Disclose Information Sources”: Journalistic Privilege Under Article 19 Of Iccpr, Edward L. Carter

Faculty Publications

International law took a significant step in recent years toward protection of journalists’ sources and newsgathering processes. The international law journalistic privilege previously had been upheld by international tribunals, but it was not until 2011 that the United Nations Human Rights Committee adopted an interpretation of freedom of expression that included journalistic privilege. The presence of the privilege within freedom of expression, as recognized in Article 19 of the International Covenant on Civil and Political Rights, is important for several reasons. As part of freedom of expression, the privilege may not be overcome without a showing of necessity and proportionality, …

Memphis And Islam: Integrating Muslims And Islam Into The Community Fabric, Nabil A. Bayakly

The Hooks Institute Policy Papers

No abstract provided.

How University Title Ix Enforcement And Other Discipline Processes (Probably) Discriminate Against Minority Students, Ben L. Trachtenberg

Faculty Publications

This Article argues that university discipline procedures likely discriminate against minority students and that increasingly muscular Title IX enforcement - launched with the best of intentions in response to real problems - almost certainly exacerbates yet another systemic barrier to racial justice and equal access to educational opportunities. Unlike elementary and secondary schools, universities do not keep publicly available data on the demographics of students subjected to institutional discipline, which prevents evaluation of possible disparate racial impact in higher education. Further, several aspects of the university disciplinary apparatus-including broad and vague definitions of offenses, limited access to legal counsel, and …

Classified Information: The Newsletter Of The Lloyd Sealy Library, Lloyd Sealy Library, Cuny John Jay College Of Criminal Justice

Reports and Publications from John Jay College

Classified Information was a publication that informed the College about Library services, personnel, upcoming events, new technologies, and available resources.

The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia, Michelle Miao

Cardozo International & Comparative Law Review

This article examines the penal construction of drug-related offenses as "the most serious offenses" in the context of "Asian values ". It explains that there are at least three ways in which the serious nature of drug-related criminality is constructed - populism, moral culpability and security - all of which are deeply embedded in the political culture and practices in Asian countries which adopt a punitive approach to drug-related offenses. The article explores social and political discourses in support of state reliance on harsh penal sanctions to tackle complex drug-related problems. It shows that these discourses are frequently exploited and …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll

Fordham Law Review

A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals. By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize it. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others would …

Asset Forfeiture And Attorneys’ Fees: The Zero-Sum Game, Adam R. Cohen

Fordham Law Review

The history of asset forfeiture law spans almost as long as the history of the United States. However, in the last thirty years, the number of crimes for which asset forfeiture can be levied has grown exponentially both on the federal and state levels. As a result, a growing number of defendants face asset forfeiture. When these criminal defendants seek legal representation, they place their attorneys in a difficult legal and ethical position. Asset forfeiture has developed in such a way that the criminal defense attorney cannot provide her client with zealous advocacy if the attorney seeks to retain her …

Fifty Years Later And Miranda Still Leaves Us With Questions, Nicole Langston, Bernice B. Donald

Vanderbilt Law School Faculty Publications

This affords the suspect safeguards to make an informed choice between speech and silence and prevents involuntary statements. Although Miranda warnings are seemingly standard, the Miranda decision did not come without criticism.' Now, on the fiftieth anniversary of the Supreme Court's decision, the topic still garners intense debate.' Even after all of these years, there are still critics who do not support Miranda warnings, and now they rely on long-term studies about the effectiveness of Miranda warnings to support their positions. Yet, even with these new studies, there still remains some ambiguity about the effectiveness of Miranda rights concerning whether …

The Miranda Custody Requirement And Juveniles, Paul Marcus

Faculty Publications

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …

Fortifying The Self-Defense Justification Of Punishment, Zac Cogley

Journal Articles

David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren Quinn’s better known ‘auto-retaliator’ argument, and desert-based justifications of punishment. In sum, I show that the self-defense justification of …

2017 Fostering Whole Person Care Through A Care Coordination Network: Community Information Exchange San Diego, The Caster Family Center For Nonprofit And Philanthropic Research, University Of San Diego

Seniors

2-1-1 San Diego commissioned the University of San Diego’s Caster Family Center for Nonprofit and Philanthropic Research to conduct the Community Information Exchange (CIE) Cohort 2 evaluation, which focused on the senior (defined as ages 60+) population in the San Diego region.

Using a technology platform where agencies can enter and share client data, CIE strives to foster whole person care for the populations it serves (e.g., homeless, seniors, military), as well as reduce duplicative intakes and services provided by healthcare and social service agencies. By consenting into CIE, clients give permission for data sharing and may receive multiple referrals …

Fact Book 2017, Planning, Research, And Policy Analysis

Fact Book (1988-2019)

Fact Book 2017 for Illinois State University

Enrollment Report, Fall 2017, Planning, Research, And Policy Analysis

Enrollment Reports (2004-2019)

Enrollment Report for Fall 2017 for Illinois State University

Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger

St. Mary's Journal on Legal Malpractice & Ethics

In 1966, Professor Monroe Freedman authored Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, a work that occupies an important place in the cannon of legal ethics. Freedman believed that the three hardest questions facing a criminal defense attorney relate to whether it is ethical to discredit a truthful witness; whether it is proper to knowingly allow a client to testify falsely; and whether a lawyer may provide a client with legal advice when the lawyer suspects the client may use that advice to commit a crime. Beyond Freedman’s queries there are other important, yet largely unaddressed, …

Reflecting On The Past, Preparing For The Future: A Q&A With Aals President Paul Marcus, Jim Greif, Paul Marcus

Popular Media

No abstract provided.

Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh

All Faculty Scholarship

After a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John's University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a way …

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

Cardozo Journal of Equal Rights & Social Justice

The article critiques the teleological reasoning employed by judges in cases involving biologically-based evidence, particularly in mental disability law. It argues that judges often prioritize pre-determined outcomes over evidence, leading to decisions that neglect valid scientific data and violate the principles of therapeutic jurisprudence.

The War On Rape? The Implications Of Setting Mandatory Minimum Sentencing For Rape And Sexual Assault Convictions, Daniel Belcher

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of mandatory minimum sentences for rape offenses in states like New York, drawing on California's approach, to address lenient sentencing and ensure justice for victims. While acknowledging concerns about racial disparities and parallels to the War on Drugs, the author emphasizes the need for consistent and just sentencing to deter future offenses and reflect societal abhorrence of sexual assault.

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

Needle Acquisition Patterns, Network Risk And Social Capital Among Rural Pwid In Puerto Rico, Ian Duncan, Patrick Habecker, Roberto Abadie, Ric Curtis, Bilal Khan, Kirk Dombrowski

Department of Sociology: Faculty Publications

Background: People who inject drugs (PWID) take on significant risks of contracting blood-borne infection, including injecting with a large number of partners and acquiring needles from unsafe sources. When combined, risk of infection can be magnified.

Methods: Using a sample of PWID in rural Puerto Rico, we model the relationship between a subject’s number of injection partners and the likelihood of having used an unsafe source of injection syringes. Data collection with 315 current injectors identified six sources of needles.

Results: Of the six possible sources, only acquisition from a seller (paid or free), or using syringes found on the …

Judges As Bullies, Abbe L. Smith

Georgetown Law Faculty Publications and Other Works

It can’t be easy being a judge. The responsibility is enormous: to protect and maintain the rule of law; determine facts and law; resolve disputes large and small; and, in criminal matters, decide whether a fellow citizen remains free or not. In essence, we look to judges to articulate the meaning of “justice”—no doubt knowing all the while, as Clarence Darrow famously noted, “There is no such thing as justice, in or out of court.”

I like and respect some judges, but not as many as I should. While some judges have the requisite ability and temperament for the bench—knowledge …

The Culture Of Misdemeanor Courts, Jessica A. Roth

Articles

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

Assessing A Comprehensive Approach To Prevent Sexual Violence On Campus: Implications For Program Improvement, Chinwe Ejikeme, Kia Powell-Threets, Mosi Bayo, Kia L. Toddle, Jean O'Connor

Journal of the Georgia Public Health Association

Background: On college campuses, sexual violence (or sexual assault) is at epidemic proportions. As many as one in four college women experience sexual assaults, most of which are not reported, likely due to the adverse reactions stemming from social norms and attitudes about rape. To prevent sexual violence on college campuses, the multi-level factors influencing it necessitate implementation of a holistic approach channeled at all levels. The present multi-method study assessed the feasibility and effectiveness of a peer educator (PE)-facilitated program implemented as part of a comprehensive sexual assault prevention program in three small Georgia colleges.

Methods: Student participants (N=128) …

A Theory Of Differential Punishment, Jack Boeglin, Zachary Shapiro

Vanderbilt Law Review

A puzzle has long pervaded the criminal law: why are two offenders who commit the same criminal act punished differently when one of them, due to circumstances beyond her control, causes more harm than the other? This tradition of result-based differential punishment the practice of varying offenders' punishment based on whether or not they cause specific "statutory harms"-has long stood as an intractable problem for scholars and jurists alike.

This Article proposes a solution to this long-standing conceptual problem. We begin by introducing a dichotomy between two broad and exhaustive categories of ideological justifications for punishing criminal offenders. The first …

Fall 2017

Insights

The LAS Signature; Essential Elements: Innovative Courses Link LAS Students to the Wider World; Pushing the Frontiers of Justice; Commencement; Inside the Cathedral of Christ the Light: Architect to Lead Alumni Tour; Mass Incarceration Symposium; LAS's First Endowed Chair Furthers Vincentian Scholarship; Using Statistics to Change the World; Silver Lining Playbook: NASA's International Space Apps Challenge Hackathon; Student Researchers Illuminate Transit Secrets; Fulbright, Boren Winners; In Brief; Faculty Publications; Alumna Spotlight: Annie Miskewitch

Assessing The Successes Of And Challenges Facing Civil Society Organizations In South Africa, In Influencing Gender-Based Violence Policy, Sarah Connolly

Independent Study Project (ISP) Collection

The purpose of this study is to explore how South African civil society organizations (CSOs) influence government policies that are put into place to prevent and respond to gender-based violence (GBV). The project seeks to determine what strategies for influencing these policies have been the most effective and had the greatest impact, what factors have contributed to the organizations’ successes in influencing these policies, what challenges have been experienced in attempting to influence these policies, and what best practice for civil society actors attempting to influence such policies might be. The research focuses on the experiences of seven women working …

A Study Of Users’ Motivation In Using Information Services Of Regional Information Center For Science And Technology, Mohammad Reza Farhadpoor, Giti Soltani

Library Philosophy and Practice (e-journal)

Abstract

Objective: The objective of this research is studying users’ motivation in using information service of regional information center for science and technology based on expectancy theory.

Methodology: The methodology is Analytical survey with correlation approach, and statistical population of this research includes users of regional information center for science and technology. Data was collected by the researcher-made questionnaire and was analyzed by SPSS software.

Findings: Findings of research showed that accessibility to useful information (mean=4), facilities to use information service (mean 3.95), usefulness of information service (mean 3.93), familiarity with center and satisfaction from its information service (mean=3.89), …

Humanizing The Corporation While Dehumanizing The Individual: The Misuse Of Deferred-Prosecution Agreements In The United States, Andrea Amulic

Michigan Law Review

American prosecutors routinely offer deferred-prosecution and nonprosecution agreements to corporate defendants, but not to noncorporate defendants. The drafters of the Speedy Trial Act expressly contemplated such agreements, as originally developed for use in cases involving low-level, nonviolent, noncorporate defendants. This Note posits that the almost exclusive use of deferrals in corporate cases is inconsistent with the goal that these agreements initially sought to serve. The Note further argues that this exclusivity can be attributed to prosecutors’ tendency to only consider collateral consequences in corporate cases and not in noncorporate cases. Ultimately, this Note recommends that prosecutors evaluate collateral fallout when …

Saving Title Ix: Designing More Equitable And Efficient Investigation Procedures, Emma Ellman-Golan

Michigan Law Review

In 2011, the Department of Education’s Office of Civil Rights (OCR) issued guidance on Title IX compliance. This guidance has resulted in the creation of investigative and adjudicatory tribunals at colleges and universities receiving federal funds to hear claims of sexual assault, harassment, and violence. OCR’s enforcement efforts are a laudable response to an epidemic of sexual violence on college campuses, but they have faced criticism from administrators, law professors, and potential members of the Trump Administration. This Note suggests ways to alter current Title IX enforcement mechanisms to placate critics and to maintain OCR enforcement as a bulwark against …