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Scholarship Of Teaching And Learning, Innovative Pedagogy, Hsu Press

Scholarship of Teaching and Learning, Innovative Pedagogy (2018-2020 archives)

SoTLIP Journal

Unemployment Fraud Prosecution In Connecticut—How A Partnership Between The Connecticut Department Of Labor And Division Of Criminal Justice Succeeded In Its Goals Of Detection, Prosecution, Restitution, And Deterrence, Marcia Arthur Pillsbury

Western New England Law Review

Prior to 2013, individuals in Connecticut who committed unemployment compensation fraud were rarely criminally prosecuted. In late 2012, a partnership was formed between the Connecticut Department of Labor and the Division of Criminal Justice. Since then, more than 230 individuals responsible for almost $4 million of fraud have been arrested and over $2.1 million in restitution has been recovered.

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger

University of Baltimore Law Review

No abstract provided.

Incentive-Based Compensation Arrangements: An Examination Of The Wells Fargo Scandal And The Need For Reform In Financial Institutions, Ashley Triplett

University of Baltimore Law Review

No abstract provided.

Current Controversies In The Use Of Dna In Forensic Investigations, Samuel Hodge

University of Baltimore Law Review

No abstract provided.

Hearsay And Abuse: Where Past Is Present, The Hon. Andrea M. Leahy, Jared A. Mclain Esq.

University of Baltimore Law Review

No abstract provided.

Medical Marijuana Use In Federally Subsidized Housing: The Argument For Overcoming Federal Preemption, Sarah Simmons

University of Baltimore Law Review

No abstract provided.

The Role Of Multiple Dimensions Of Organized Activity Participation, Impulsivity, And Parental Monitoring On Externalizing Behavior Among Low-Income, Urban Adolescents., Amy Governale

Dissertations

Because the majority of teenage deaths are not due to illness, but instead attributed to risk behaviors, it is pertinent to determine under what circumstances adolescents are likely to injure themselves or others. One well-studied protective factor of adolescent externalizing behaviors is participation in organized activities. Unfortunately, the majority of research involving adolescents’ engagement in organized activities examines single dimensions of participation (intensity, duration, and breadth) at a time, within samples of middle-class, Caucasian youth. Few studies have examined how multiple dimensions of participation in organized activities, including how uninterrupted engagement in organized activities from school year to summer months, …

Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway

Faculty Publications

Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, …

Environmens Rea, Anthony Moffa

Faculty Publications

Many policymakers remain blind to the moral implications of environmental harm caused by government action (or inaction) and have not adequately considered how criminal law deals with similar immoral behavior in other contexts. Building from Lisa Heinzerling’s thought-provoking essay Knowing Killing and Environmental Law, this article considers the possibility of criminal culpability for environmental policy decisions and the implications of that potential culpability for decision-making and communication. It builds from the premise that morality and law universally condemn the knowing killing of other human beings. It matters not that the identities of the dead are unknown. What matters from the …

The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler

All Faculty Scholarship

The anti-death penalty movement is rooted in the Enlightenment, dating back to the publication of the Italian philosopher Cesare Beccaria’s treatise, Dei delitti e delle pene (1764). That book, later translated into English as An Essay on Crimes and Punishments (1767), has inspired anti-death penalty advocacy for more than 250 years. This Article traces the development of the abolitionist movement since Beccaria’s time. In particular, it highlights how the debate over capital punishment has shifted from one focused primarily on the severity of monarchical punishments, to deterrence, to one framed by the concept of universal human rights, including the right …

The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele E. Gilman, Rebecca Green

All Faculty Scholarship

We live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example, must turn over personal information and submit to government surveillance far more routinely than wealthier citizens who enjoy greater opportunity to protect their privacy and the ready funds to secure it. This article illuminates the other end of the spectrum, arguing that many individuals who may value government and nonprofit services and legal protections fail to …

Innovating Criminal Justice, Natalie Ram

All Faculty Scholarship

From secret stingray devices that can pinpoint a suspect’s location, to advanced forensic DNA-analysis tools, to recidivism risk statistic software—the use of privately developed criminal justice technologies is growing. So too is a concomitant pattern of trade secret assertion surrounding these technologies. This Article charts the role of private law secrecy in shielding criminal justice activities, demonstrating that such secrecy is pervasive, problematic, and ultimately unnecessary for the production of well-designed criminal justice tools. This Article makes three contributions to the existing literature. First, the Article establishes that trade secrecy now permeates American criminal justice, shielding privately developed criminal justice …

Men's Violence Against Women: A Comparative Review Of Which Programs Work Best, Yeliani R. Valdez

Senior Honors Theses and Projects

One in four women have been a victims of Domestic Violence (DV) in their lifetime by an intimate partner. Men's violence against women is a public health issue that continues to persist today. Much of the larger conversations remains in finding the best solutions and allocating resources in order to reduce men's violence against women. Men's violence against women has impacted various families' and allowed a cycle of violence to persist.

There are a variety of treatment options for men who batter women in the literature. The most prominent ones include anger management, incarceration, couples counseling and batterer interventions programs. …

Bullying In Grade School Children And Its Connection To The School-To-Prison Pipeline, Alyssia Chantel Hence

Senior Honors Theses and Projects

This thesis will explore connections made between the school-to-prison pipeline and bullying. Specifically, findings from a qualitative study conducted in 2016 will be presented and used to inform a review of the literature on bullying to explore connections between the two. The topic of bullying emerged as a prevalent theme among students who participated in the qualitative study by Hence (2017) titled, "Can You Hear Us Now? Engaging young African American Voices in Urban Communities and Schools". This study explored zero tolerance policies, school discipline practices, and its impact on the educational experiences of African American students. The study also …

Student, Caregiver, And Educator Perspective Of School Discipline Policy And Practice, Tawann J. Jackson

Dissertations

African-American students have historically been disproportionately represented in exclusionary discipline practices in our nation's public schools. Regardless of this fact, research has consistently shown that African-American students do not get into more trouble than students of other races, nor do they commit more severe infractions. Previous studies have explored factors such as student behaviors; low academic achievement; and socioeconomic status as reasons for the high rate of suspensions, yet when controlling for these factors race continues to make a difference in the imbalance of exclusionary discipline practices among African American students. "Implicit racial bias" has been associated as a contributing …

The Resource Page- 188

Court Review: Journal of the American Judges Association

As judges, we know that criminal sentences carry consequences. The ones we usually encounter are the direct ones— the defendant must serve some amount of time in prison, followed by parole or post release supervision. But there are a great many other consequences of a criminal conviction. Judges, attorneys, and members of the public who want to understand the criminal-justice system more fully will want to know about them too.

There’s now a searchable online database where you can find the collateral consequences for convictions throughout the United States. The project, years in the making, launched in late 2018.

The …

Understanding Public Trust In The Courts: The Centrality Of Vulnerability, Joseph A. Hamm

Court Review: Journal of the American Judges Association

Courts have an important place in American life. While many would think first of the police as the institution most directly responsible for maintaining the law, the courts are an integral part of ensuring social order. Indeed, as illustrated by practices regarding warrants and cases challenging police action, much of the authority typically attributed to the police is, to some degree, controlled by the courts.

Importantly, however, as is often the case with institutions of government in the United States, this considerable authority comes with relatively limited power: The judiciary controls “neither the purse nor the sword,” leaving it heavily …

Court Review 54:1 (2018)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

14 Looking Backward, Looking Forward: How the Evolution of Specialty Courts Can Inform the Courts of Tomorrow Tatyana Kaplan, Monica K. Miller & Emily F. Wood

26 Benefits and Costs of Civil Justice Reform Paula Hannaford-Agor

32 Treatment or Punishment: Sentencing Options in DWI Cases Victor Eugene Flang

DEPARTMENTS

2 Editor’s Note

3 President’s Column

4 Thoughts from Canada

45 Crossword

48 The Resource Page

EDITORIAL FEATURES

10 Filling Some Big Shoes: A Tribute to Retiring Court Review Editor Judge Steve Leben

42 Remarks for Acceptance of the William H. Rehnquist Award Hon. Kim Berekley Clark

Court Review 54: 2 (2018)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

60 Judges’ Well-Being and the Importance of Meaningful Work.

74 One Judge’s Journey to Why—A Search for Meaning and Purpose.

80 Mindfulness Training for Judges: Mind Wandering and the Development of Cognitive Resilience.

90 Reducing Judicial Stress through Reflective Practice.

96 The Power of Compassion in the Court: Healing on Both Sides of the Bench.

ESSAY

102 Appropriate Action.

DEPARTMENTS

50 Editor’s Note.

51 President’s Column.

52 Thoughts from Canada.

95 Crossword.

104 The Resource Page.

Treatment Or Punishment: Sentencing Options In Dwi Cases, Victor Eugene Flango

Court Review: Journal of the American Judges Association

Alcohol-related crashes are responsible for many of the traffic fatalities in the United States, and the sad thing is that many of these are preventable. Yet the attitude of the public toward driving while impaired (DWI)1 is conflicted, and that ambivalence is reflected in the criminal justice process. Unlike other crimes, or even smoking, the goal of the law is not to cease all drinking and driving, just drinking that impairs judgment and the ability to drive safely. The question then becomes how much drinking is acceptable before driving, which can vary by health, weight, and tolerance of the individual. …

The Sentencing Of Indigenous Offenders In Canada, Wayne K. Gorman

Court Review: Journal of the American Judges Association

Canada’s Indigenous population has been over represented in Canada’s prison population for a considerable period of time. In the mid-1980s, for instance, aboriginal people made up approximately two percent of the population of Canada but made up ten percent of the penitentiary population.1

On September 3, 1996, the Parliament of Canada enacted a number of amendments to the Criminal Code of Canada, R.S.C., 1985.2 One of these was in response to the level of incarceration of Indigenous people: section 718.2(e). This provision deals with the sentencing of “aboriginal offenders.” It states as follows:

A court that imposes a sentence shall …

Looking Backward, Looking Forward: How The Evolution Of Specialty Courts Can Inform The Courts Of Tomorrow, Tatyana Kaplan, Monica K. Miller, Emily F. Wood

Court Review: Journal of the American Judges Association

LOOKING BACKWARD

The “war on drugs” in the 1980s led to more punitive drug related legislation and exponential increases in arrest and incarceration rates. In 1980, there were 580,900 drug violation arrests. In 1989, the number of drug-related arrests increased to more than 1.3 million.1 The substantial increase in arrests, many which were nonviolent, overburdened courts and resulted in increasingly overcrowded prisons. Laypersons and legal actors became frustrated with the traditional approach to case processing and the “revolving door” of repeat drug-related offenders.2 In response to burgeoning dockets and prisons and drug-related recidivism, Miami-Dade County, Florida opened the country’s first …

The Avoidance Of Stereotypical Thinking, Wayne K. Gorman

Court Review: Journal of the American Judges Association

T here has been a great deal of controversy lately in Canada over trial judges purportedly resorting to stereotypical reasoning in assessing the credibility of witnesses, particularly complainants in sexual assault trials.1

This issue came to a head with a recommendation by the Canadian Judicial Council to the Minister of Justice that a trial judge be removed from office based upon his conduct (i.e., comments during a sexual assault trial).2 The recommendation arose out of a complaint had been made to the Canadian Judicial Council concerning former Justice Robin Camp.3 The Council’s inquiry committee concluded that Justice Camp “relied on …

The Myth Of The Reliability Test, Brandon L. Garrett, M. Chris Fabricant

Faculty Scholarship

The U.S. Supreme Court’s ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., and subsequent revisions to Federal Rule of Evidence 702, was supposed to usher a reliability revolution. This modern test for admissibility of expert evidence is sometimes described as a reliability test. Critics, however, have pointed out that judges continue to routinely admit unreliable evidence, particularly in criminal cases, including flawed forensic techniques that have contributed to convictions of innocent people later exonerated by DNA testing. This Article examines whether Rule 702 is in fact functioning as a reliability test, focusing on forensic evidence used in criminal cases and …

Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin

Faculty Scholarship

Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and truth are not the same thing and conflating them can actually inhibit accuracy. In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence. Error often results. Some interrogation techniques, for example, privilege cooperation over information. Those interactions can yield incomplete or false statements, confessions, and even guilty pleas. Because of the impeachment rules that purportedly prevent perjury, the most knowledgeable witnesses may be precluded from taking the stand. The …

Leadership As An Art Within The Context Of Wicked Social Problems, Johnette (Jay) Caulfield

Management Faculty Research and Publications

No abstract provided.

Subject Index:, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Status Of All Senate Bills As Of 8:00 A.M. June 20, 2018 - Final:, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

House Journal: Seventy-First General Assembly State Of Colorado Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.