Digital Commons Network^™

Racialized Interactions In The Law School Classroom: Pedagogical Approaches To Creating A Safe Learning Environment, Erin C. Lain

Journal of Legal Education

No abstract provided.

Abuse Of Freedom: Balancing Quality And Efficiency In Faculty Title Ix Processes, Brian A. Pappas

Journal of Legal Education

No abstract provided.

Poly-Victimization: A Broad Assessment Of Childhood Victimization And Its Implications For Juvenile Justice And Child Well-Being, Yahayra Michel-Smith

Doctoral Dissertations

Objective: The objective of this dissertation is twofold. The first objective is to summarize the literature on poly-victimization (PV) with a focus on what relationships have been tested and how poly-victimization has been operationalized in the field. The second objective is to replicate and expand the literature by empirically testing the effect of poly-victimization on delinquency.

Design, Data, and Participants. This dissertation employs a mixed method approach made up of a systematic literature review and secondary data analysis. The systematic literature review summarizes 59 poly-victimization articles published between 2007 and 2017 that contain the terms “poly-victim” or “poly-victimization” in its …

Soci 492.01: Independent Study, Dusten Hollist

University of Montana Course Syllabi

No abstract provided.

Soci 211s.01: Introduction To Criminology, Jackson M. Bunch

University of Montana Course Syllabi

No abstract provided.

Vocational And Life Skills Monthly Data Update: September 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Annual Report Fy 2018, Tennessee. Department Of Correction.

Annual Report

No abstract provided.

A View Of The Aba Death Penalty Defense Representation Guidelines From The Prosecution's Table, Matthew Redle

Hofstra Law Review

No abstract provided.

The Aba Guidelines: The Arizona Experience, Larry Hammond, Robin M. Maher

Hofstra Law Review

No abstract provided.

Recognizing The Twentieth-Century Love Story, Angela Francis

Dissertations, Theses, and Capstone Projects

Recognizing the Twentieth-Century Love Story investigates an alternative framework through which we can understand the form and function of love stories in the twentieth century. While the love story has previously been understood in terms of a requirement that the lover renunciate passion in order to enjoy a positive narrative outcome, I suggest that some love narratives instead center mutual and “accurate-enough” recognition as a requirement of the desired happily ever after. In addition to requiring that the characters “know themselves,” such recognition goes beyond framing the loved other as an independent subject by also recognizing the beloved in ways …

Beyond The Binary: Gender Identity And Mental Health Among Transgender And Gender Non-Conforming Adults, Chassitty N. Fiani

Dissertations, Theses, and Capstone Projects

Despite increasing endorsement of non-binary gender identities among TGNC (transgender or gender non-conforming) populations, research regarding TGNC experiences often over-emphasizes pathology relative to positive psychology and reinforces binary conceptualizations of gender (exclusively male/female). TGNC individuals face increased rates of depression, suicide risk, anxiety, substance abuse, HIV/AIDS, homelessness, victimization, and negative police interactions. These disparities are exacerbated by discrimination, lack of culturally competent resources, and internalized stigma. Despite these negative experiences and increased risks, TGNC individuals hesitate to seek treatment and/or police assistance due to fears of discrimination, cultural incompetence, and/or re-victimization. To address these gaps, the present investigation utilized a …

Bucklew V. Precythe : Brief Of Arizona Voice For Crime Victims, Inc., And Melissa Sanders As Amici Curiae In Support Of Respondents, Paul Cassell, Allyson N. Ho, Daniel Nowicki, Daniel Chen

Utah Law Faculty Scholarship

This amicus brief in Bucklew v. Precythe discusses how undue delay in capital cases can harm crime victims’ families. After reviewing the facts of the cases, the brief draws on the available scholarship to show how extended delays in criminal cases – and particularly death penalty cases – can compound the harms and exacerbate the trauma that victims’ families suffer. The brief concludes that the important interests of victims should be vindicated by affirming the judgment reached below.

Tradeoffs Between Wrongful Convictions And Wrongful Acquittals: Understanding And Avoiding The Risks, Paul Cassell

Utah Law Faculty Scholarship

This article focuses on trade-offs that inhere in the criminal justice system, tradeoffs neatly encapsulated in Blackstone’s famous ten-to-one ratio of guilty persons who should be allowed escape justice rather than an innocent suffer. Blackstone’s aphorism reminds us not only of the importance of ensuring that innocent persons are not convicted, but also that unbounded protections might unduly interfere with convicting the guilty. In my contribution to a symposium in honor of Professor Michael Risinger, I respond to thoughtful articles written by both Professors Laudan and Zalman and make two main points. First, in Part I, I turn to Professor …

Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States, Jessica Berch

Nevada Law Journal

Today, a ‘novel social and economic experiment[]’ involving the sale, use, and distribution of marijuana is sweeping the nation. Despite a federal ban on the drug, states have begun to legalize medical and even recreational marijuana use. While these entrepreneurial states push forward with marijuana legalization, other states and the federal government remain opposed to the expansion of marijuana use or its legalization in any form.

Regardless of one’s position on the merits of marijuana legalization, the federalism and conflict-of-laws issues that arise from this multi-state experiment deserve scholarly attention. In particular, non-legalizing states that border more permissive neighbors have …

Lemmings Or Lions: Empirical Measure Of Juror Independence In The Face Of Belief Mirroring, John Campbell

Nevada Law Journal

Required by the Sixth and Seventh Amendment to the United States Constitution, jury trials underpin the justice system. Whether a criminal defendant walks free or spends the rest of his life in jail turns on a jury vote. And so does whether a hundred-billion dollar, multinational corporation pays damages for alleged environmental contamination. But are jurors up to the task? Competing images in popular culture, in scholarly literature, and among practicing lawyers and judges paint jurors in diametrically different ways, as either lemmings or lions. These depictions are honest disputes created by literature and anecdotes that could support either narrative. …

The Infinite Power Of Grammar, Patrick Barry

Journal of Legal Education

No abstract provided.

Power And Coherence Matters: Does Perceived Group Organization Increase Atheist Prejudice?, Janae Koger

Electronic Theses, Projects, and Dissertations

Atheists are some of the least liked people in the world. Previous research has demonstrated that in most stigmatized groups, increased prevalence of the group increases prejudice towards the group. However, the opposite has been found with atheists- increased perceived prevalence decreases prejudice towards atheists. One post-hoc explanation provided for this difference is that since atheists are easily concealable and unorganized as a group, their greater prevalence may not be perceived as a threat. In the present thesis, I 1) attempted to replicate the existing finding that perceived increased prevalence would increase trust towards atheists and 2) directly tested the …

India-Us Relations: From Distant Partners To An Alliance, Vinay Kaura

The US Army War College Quarterly: Parameters

No abstract provided.

Sex Trend Or Sexual Assault?: The Dangersof "Stealthing" And The Concept Ofconditional Consent, Melissa Marie Blanco

Penn State Law Review (2003 - Present)

"I do not wish [women] to have power over men; but over themselves" - Mary Wollstonecraft'

To have power over themselves, women must possess bodily autonomy in the sexual and nonsexual aspects of their life. Unfortunately, however, the nonconsensual removal of a condom during otherwise consensual sex, otherwise referred to as "stealthing," poses significant dangers to this autonomy. To respond to these dangers, several state lawmakers have proposed legislation to classify stealthing as rape. Feminist scholars, however, warn against over-criminalizing sexual conduct to ensure that the pleasurable experience of consensual sex is not negated.

To strike a balance between the …

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Penn State Law Review (2003 - Present)

Outcome prediction has always been an important part of practicing aw. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor.

The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome …

“Everyone Gets Their First Dv Free”: Proposition 57’S Neglect Of Domestic Violence, Shivanjali A. Sewak

Penn State Law Review (2003 - Present)

Domestic violence is one of the most prevalent crimes in American society, permeating every social class, ethnic group, and political party. Some batterers, like former NFL player Ray Rice, are thrust into the spotlight when news of their battering goes public. For every incident that is reported, however, many more go unreported. This fact alone highlights the inherent danger of domestic violence. For a crime of this magnitude, the natural consequence would seem to be a lengthy prison sentence. In California, however, crimes of domestic violence are not classified as “violent” crimes under the Penal Code. The word “violence” is …

Appeals By The Prosecution, Nancy J. King, Michael Heise

Vanderbilt Law School Faculty Publications

Scholarly and public debates about criminal appeals have largely taken place in an empiri- cal vacuum. This study builds on our prior empirical work exploring defense-initiated criminal appeals and focuses on criminal appeals by state and federal prosecutors. Exploit- ing data drawn from a recently released national sample of appeals by state prosecutors decided in 2010, as well as data from all appeals by federal prosecutors to the U.S. Courts of Appeals terminated in the years 2011 through 2016, we provide a detailed snapshot of noncapital, direct appeals by prosecutors, including extensive information on crime type, claims raised, type of …

Young And Unafraid: Queer Criminology's Unbounded Potential, Vanessa R. Panfil

Sociology & Criminal Justice Faculty Publications

Queer criminology, a fairly young subfield, deals with matters of import for sexual and gender minorities, particularly LGBTQ+ populations. Areas of interest include reducing invisibility and inequity, though these pursuits can sometimes be accompanied with potential pitfalls or unintended consequences. This article provides an overview of the goals and considerations of queer criminology, while focusing on how to cultivate queer criminology's unbounded potential to help address pressing social problems. Several global issues of immediate concern for LGBTQ+ people are identified, such as criminalization and devaluation of their lives, which has resulted in their detainment and torture, persecution when they organize …

Kentucky Criminal Law Reform In The Age Of Aquarius, Kurt Metzmeier

Faculty and Staff Scholarship

In Kentucky criminal law, it is useful to divide legal history into two broad eras: the years before the 1970s and those after that pivotal decade of reforms. The 1970s brought a new court system, a dramatic bail reform law which criminalized the hated bail-bondsmen and even a new court house. However, for the modern case law researcher the most significant change was the adoption of a statutory penal code—a code that marked a break between the two centuries of common-law crimes that preceded 1974 and the four decades afterwards.

Making A Case For Citizen Value: Do Fluid Intelligence And Adaptive Governance Promote Stability In The Middle East?, Natascha Bolden

Electronic Theses, Projects, and Dissertations

Information and Communication Technologies (ICT) are changing the way people learn, do business, build relationships, and manage their lives. ICT allow easy and continuous access to open source intelligence (OSINT) that acts as force multipliers, enabling civilians to find new and more effective ways to participate in civil society and address disempowering strategies implemented by governments around the world to maintain stability. ICT and OSINT cultivate fluid intelligence and adaptive governance and can act as a catalyst to cultivate these capacities to transform conflict. The research question sought to determine whether fluid intelligence (cognitive ability to adapt and innovate) and …

Obesity And Place: Chronic Disease In The 500 Largest U.S. Cities, Kevin Fitzpatrick, Xuan Shi, Don Edward Willis, Jill Niemeier

Obesity

Objectives. Extant research clearly points to a correlation between place and health, specifically as it pertains to chronic diseases like obesity. The present study examines this relationship among a diverse set of compositional place indicators and obesity rates across census tracts in the 500 largest cities in the United States.

Methods. Using data compiled from the Robert Wood Johnson Foundation 500 Cities project and the Census’ American Community Survey, the analyses examined aggregate relationships between sociodemographic, socioeconomic, and housing characteristics of census tracts and age adjusted obesity prevalence rates in over 27,000 census tracts located in the 500 largest cities …

It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues, Rathna N. Korman

Research Collection Yong Pung How School Of Law

This article aims to establish that Singapore’s drug policy and approach though not in tandem, is consistent with the elements espoused in the harm reduction approach advocated by the Global Commission on drug policies. The Commission takes the position that drug control nationally has to be aligned with the sustainable development goals agenda approved by the member states in 2015. It has recommended abolishing death penalty for all drug related offences, decriminalizing drug possession and cultivation for personal consumption, implementing non-penal sanctions for all low level drug offenders, and exploring non-penal regulatory models following decriminalization. There is a paradigm shift …

Criminal Law: Taking The Constitution Seriously? Three Approaches To Law’S Competence In Addressing Authority And Professionalism, Hadar Aviram

The Judges' Book

No abstract provided.

Appendix: Notable Faculty Scholarship In 2017

The Judges' Book

No abstract provided.