Digital Commons Network^™

Safety In Post-Conviction Proceedings, 51 J. Marshall L. Rev. 773 (2018), Boaz Sangero

UIC Law Review

It is extremely difficult to correct an error after conviction.Given the Hidden Accidents Principle in criminal law, it is very hard to uncover mistakes and even harder to prove them. Time is one of the greatest enemies of reconstructing the truth. Evidence gets lost, potential witnesses forget, move away, or die. The legal rules, including the finality of verdicts rule, hinder the rectification of miscarriages of justice. Another factor is that once the indictment has been made, the police usually close their investigation. Even when the appellate court finds a defect in the original trial proceedings, it will most likely …

Illinois’S Class X: One Unhappy Twenty-First Birthday, A Race For A Conviction To Avoid Mandatory Sentencing Enhancements, 51 J. Marshall L. Rev. 905 (2018), Mariela Guzman

UIC Law Review

No abstract provided.

My Year Of Citation Studies, Part 2, Mary Whisner

Librarians' Articles

In this second installment examining citation studies, Ms. Whisner looks at citation patterns of articles versus student works, as well as patterns across journals.

My Year Of Citation Studies, Part 1, Mary Whisner

Librarians' Articles

Ms. Whisner begins a year of exploring how legal scholarship citation counts are created and viewed. What works do authors actually cite? Which legal sources are included? She shares her findings here.

Nsu Florida Abraham S. Fischler College Of Education Graduate Catalog And Student Handbook 2018-2019, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

In The Face Of Brexit, The United Kingdom Has No Choice But To Provide Data Protection For Individuals, Organizations And Law Enforcement Agencies By Updating Their Legal Framework, Which Is Based Upon A 20-Year-Old Act., Logan Hayes

University of Baltimore Journal of International Law

The United Kingdom currently relies upon the Data Protection Act of 1998 (DPA 1998) to set the legal framework for the protection of data. That act is nearly 20-years-old and should be updated to echo the way in which data is now used and generated in an ever-evolving digital world. Due to Brexit, there is a need to protect data through stronger laws governing data protection that will also set up appropriate safeguards. The Data Protection Bill, introduced to the House of Lords on September 13, 2017 has the potential to do just that. Not only does this Bill have …

Criminal Law - One Step Closer To Affordability As Sjc Rules Judges Must Now Consider A Defendant's Financial Resources As A Factor When Making Bail Determinations - Brangan V. Commonwealth, 80 N.E.3d 949 (Mass. 2017), Jennifer Amaral

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Expert Report Of Catherine Smith, J.D.: Juliana V. United States, Catherine Smith

Scholarly Articles

The Founders created the architecture for the rights of children to self-determination and protection from the sins of their forebears. A central tenet of our democracy is that government, including these federal defendants, should not deprive children (the next generation) of the foundational elements of their lives, liberties or property and should not impose hardships on them for matters of which they have no control. This historical tradition and intent of the Founders of our nation has not always been realized, but has evolved over time as our society gains new insights and understandings of children and our notions of …

Invisible Stripes: The Problem Of Youth Criminal Records, Judith G. Mcmullen

Faculty Publications

It is common knowledge in American society that persons who have criminal records will have a more difficult path to obtaining legitimate employment. Similarly, conventional wisdom acknowledges the unfortunate fact that young people, on average, are more prone to engage in risky, impulsive, and other ill-advised behavior that might result in brushes with law enforcement authorities. This article addresses the difficult situation faced by people whose now disabling criminal records were attained while they were under the age of 21. Not only do such individuals face stigma and possible discrimination from potential employers, the efforts of today’s young people to …

Serving Tennessee: A Tdec Report [2018], Tennessee. Department Of Environment And Conservation

TDEC Annual Reports

This annual report highlights the accomplishments of the Tennessee Department of Environment and Conservation over the fiscal year.

Resource Map Of Expenditures For Tennessee Children, Annual Report - April 2018, Tennessee Commission On Children And Youth

Resource Mapping Reports

This report compiles the federal and state expenditures for services across all departments and agencies for Tennessee children from the previous fiscal year.

Digital Commons Annual Summary 2017, Tabitha Ochtera Mlis

DigitalCommons@Molloy Annual Summary

The DigitalCommons@Molloy Annual summary typically includes: readership totals, usage metrics such as downloads and metadata hits, and top performing items and profiles. Other areas that can be included are any new series or features, refresh or updates to the site design, and any future project plans.

Mirza Salih Shirazi And His Safarnāmeh As A Case Study For A Legal-Governance Translation Into Persian, Hassan Rezael

Governance Programme Papers

No abstract provided.

Tribute To Professor Paul Giannelli, Erin E. Murphy

Faculty Articles

Tribute to Professor Giannelli and his work in expert and forensic evidence.

Private Maritime Security Companies V. Pirates: The Battle Of Legality, Vanessa Zehnder

Maryland Journal of International Law

No abstract provided.

Inequalities In Us Child Protection: The Case Of Sex Trafficked Youth, Lisa Werkmeister Rozas, Jason Ostrander, Megan Feely

School of Social Work Faculty Publications

This article demonstrates how structural social work theory and critical consciousness development can be used to help facilitate a transition from a deficit model approach to an inequities perspective in a child welfare system that was working to improve the identification of and services for domestic minor sex trafficked youth (DMST). The response of Connecticut’s child welfare system to the issue of DMST is provided as an example of how a child welfare systems could apply an inequities perspective to a population involved in and at risk for exploitation. Structural social work theory helps illustrate how neo-liberalist social structures in …

2018 Commencement Program, Morehead State University. Registrar's Office.

Morehead State Commencement Programs

2018 commencement programs of Morehead State University.

College Of Business News & Views, Winter 2018, Illinois State University

College of Business News & Views

Newsletter of the Illinois State University College of Business

What The Police Don’T Know May Hurt Us: An Argument For Enhanced Legal Training Of Police Officers, Yuri R. Linetsky

New Mexico Law Review

Using original empirical research, this Article identifies deficient legal training in police academies as a latent cause of improper arrests or detentions. This often results in unnecessary conflict between police officers and citizens, leading to endemic distrust of officers in the communities they serve. With enhanced legal training, police officers can avoid these negative interactions. Although police officers need not be lawyers, they must have more than a cursory understanding of the law. Their primary responsibility is to enforce state and local laws, which often requires officers to interpret statutory language in light of constitutional limitations. Current police academy curricula …

To Shield And Protect: The Competence To Stand Trial Doctrine In New Mexico, Lea A. Zukowski

New Mexico Law Review

Although the competency requirement is rooted in notions of fairness and due process, a defendant who raises competency in New Mexico often faces a cruel irony: an extended deprivation of liberty without the benefit of trial. The current procedure for determining competency is confusing and complex, which contributes to delays in making competency determinations and ultimately to delays in resolving criminal matters. The Ad Hoc Committee on Rules for Mental Health Proceedings is working on revisions to the rules for competency. Proposed revisions were published in 2016. This article traces the development of the competency doctrine, analyzes the current procedure, …

The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles

New Mexico Law Review

Cultural proficiency is defined by Dr. Kikanza Nuri Robins and her colleagues as, “the policies and practices of an organization or the values and behaviors of an individual that enable that agency or person to interact effectively in a diverse environment.” Prior scholarship argued that the adoption of the cultural proficiency paradigm by legal educators could help catalyze a cultural shift in legal education from an environment that often marginalizes diverse law students to a more inclusive one. This Article and prior work argue that engaging in culturally proficient legal instruction offers three implications for legal education. First, the paradigm …

Entering A Building Without Going Inside: The Implications Of State V. Holt For Breaking And Entering Cases In New Mexico, Keri Rezac Thiel

New Mexico Law Review

In 2016, the New Mexico Supreme Court ruled in State v. Holt that any breach of an external boundary into an enclosed space is sufficient to constitute “entry” into a structure for the purposes of breaking and entering. In doing so, New Mexico became one of only five states in the country in which a person can enter a building without going inside. This note examines the historical context of breaking and entering’s evolution in New Mexico, and analyzes the impact of State v. Holt in light of existing precedent. Finally, it surveys how other states have defined “entry,” in …

An Examination Of Inattentional Blindness In Law Enforcement, Gregory Lee

All Graduate Theses, Dissertations, and Other Capstone Projects

Inattentional blindness, or the inability to visually detect an unexpected stimulus while attending to a task or situation, can have detrimental effects on those who are subject to the phenomenon. This may be particularly true for law enforcement officers, who are often engaged in cognitively demanding tasks that draw their attention away from potentially deadly hazards. This study aimed to look at the effects of inattentional blindness within a group of officers of varying degrees of experience and expertise. The officers were presented with a video-based scenario in which an unexpected stimulus was placed. The control group was asked to …

A Randomized Controlled Trial Of The Effectiveness Of The Tyro Dads Program, Young-Il Kim, Sung Joon Jang

Faculty Publications - College of Social Work

Objective: To examine whether fathers who attend TYRO Dads class report greater satisfaction in their relationship with their child and increased engagement in activities with

their child than nonparticipants and, if so, whether parent- ing efficacy, parenting role identity, and coparenting rela- tionship with the child’s mother account for differences in

father involvement between the intervention and control groups. Background: Despite the growing number of fatherhood intervention programs, limited experimental research has been conducted to evaluate their effectiveness. Method: A randomized controlled trial was conducted

with a sample of 252 fathers randomly assigned to inter- vention and control groups. Both …

Eyes Wide Open: What Social Science Can Tell Us About The Supreme Court's Use Of Social Science, Jonathan Feingold, Evelyn Carter

Faculty Scholarship

In McCleskey v. Kemp, the Supreme Court rendered statistical evidence of racial disparities doctrinally irrelevant to a criminal defendant’s equal protection claim. Fifteen years later in Grutter v. Bollinger, Chief Justice Rehnquist—part of the McCleskey majority—invoked admissions data to support his conclusion that the University of Michigan Law School had unconstitutionally discriminated against White applicants. This facially inconsistent treatment of statistical data invites the following inquiry: Why do judges (including Supreme Court Justices) rely on social science in some cases, yet reject it in others? We suggest that one answer lies at the intersection of Critical Race Theory and empirical …

Dialogue Or Drama? The Role Of Language As Seen By Gadamer And Foucault, Pol Vandevelde

Philosophy Faculty Research and Publications

No abstract provided.

Reforming The Law On Police Use Of Deadly Force: De-Escalation, Pre-Seizure Conduct, And Imperfect Self-Defense, Cynthia Lee

GW Law Faculty Publications & Other Works

This article seeks to contribute to the national conversation on reforming police practices by evaluating the current law on police use of deadly force, identifying problems with that law, and suggesting a modest change to that law in the form of model legislation governing police use of deadly force. Existing statutes on police use of deadly force tend to focus on the reasonableness of the officer's belief in the need to use force. This article suggests that the law should be reformed to explicitly include a focus on the reasonableness of the officer's actions. Under the proposed model statute, in …

A Theory Of Civil Problem-Solving Courts, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

This article is the first to develop a problem-solving theory for the civil justice system. Drug courts pioneered the problem-solving model in the 1990s to pursue therapeutic goals as an alternative to “assembly line” sentencing. This Article explores the potential for migration of the drug court framework into the two most commonly adjudicated civil cases: rental housing and consumer debt.

Three structural conditions in the civil courts—high-volume dockets, systemic lack of counsel, and corporate capture of the small claims process—routinely position vulnerable classes of individuals on the losing end of litigation. In the aggregate, these conditions have rendered the civil …

§5.19 Client Identity; Fee Arrangements, Christopher B. Mueller, Laird Kirkpatrick, Liesa Richter

GW Law Faculty Publications & Other Works

This article addresses the question of whether the attorney-client privilege covers the identity of the client and fee arrangements with the client. It discusses five recurring patterns where this issue arises and the holdings of courts in those situations.

Biomechanical Characterization Of Video-Recorded Short-Distance Falls Involving Children Equipped With A Biometric Device: A Pilot Study., Bret A Hilt

Electronic Theses and Dissertations

Falls are commonly used as a false history by caregivers to conceal child abuse. Determining biomechanical compatibility is a key aspect in differentiating abuse from accident. Current forensic approaches are limited in assessing biomechanical compatibility of short-distance falls involving children due to a lack of reliable witnessed falls with known injury outcomes. The goals of this pilot study were to characterize biomechanical measures and to examine differences in biomechanical measures based on child and fall characteristics in reliable witnessed video-recorded falls involving children. The results of this study will serve as preliminary data for an on-going larger study with the …