Digital Commons Network^™

Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz

The International Lawyer

No abstract provided.

Aligning Emerging Global Strategies To Combat Corporate Corruption: From A Two Thrust Approach To A Two Swords One Thrust Strategy Of Compliance, Prosecutorial Discretion, And Sovereign Investor, Larry Catá Backer

The International Lawyer

No abstract provided.

The Status Of Unrecognized Quasi-States And Their Responsibilities Under The Montevideo Convention

The International Lawyer

We discuss how international law under the 1933 Montevideo Convention fails to account for Quasi-States and make recommendation of how this could be remedied.

Accountability Lost And The Problem(S) Of Asymmetry, Gregory M. Gilchrist

Loyola University Chicago Law Journal

Professor Gilchrist argues that calls for more individual prosecutions in cases of corporate malfeasance are ultimately misguided. In this Essay, Gilchrist discusses the asymmetries of information and power within corporations that make criminal prosecutions of high-level executives particularly difficult and often inappropriate.

Lehman 10 Years Later: The Dodd-Frank Rollback, Thomas W. Joo

Loyola University Chicago Law Journal

In response to the financial crisis of 2007–08, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010. The Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 has repealed or altered many Dodd-Frank’s reforms. This Article analyzes the EGRRCPA’s deregulation of large banks, community banks, mortgage lending standards, and consumer protection in the industry. While Dodd-Frank may have taken only small steps to address the causes of the financial crisis, the EGRRCPA completely ignores those risk factors. Congress and the Administration have justified the counter-reforms on the ground that they have hampered economic growth, but …

A Small Slice Of The Chicago Eight Trial, Ellen S. Podgor

Loyola University Chicago Law Journal

The Chicago Eight trial was not the typical criminal trial, in part because it occurred at a time of society’s polarization, student demonstrations, and the rise of the House Un-American Activities Committee. Charges were levied against eight defendants, who were individuals that represented leaders in a variety of movements and groups during this time. This Essay examines the opening stages of this trial from the lens of a then relatively new criminal defense attorney, Gerald Lefcourt. It looks at his experiences before Judge Julius Hoffman and highlights how strong, steadfast criminal defense attorneys can make a difference in protecting key …

Regulating Prosecutors’ Courtroom Misconduct, Bruce A. Green

Loyola University Chicago Law Journal

Trial prosecutors’ visible misbehavior, such as improper questioning of witnesses and improper jury arguments, may not seem momentous. Sometimes, the improprieties are simply the product of poor training or overenthusiasm. In many cases, they pass unremarked. As the Chicago Eight trial illustrated, trial prosecutors’ improprieties may also be overshadowed by the excesses of other trial participants—the witnesses, the defendants, the defense lawyers, or even the trial judge. And when noticed, prosecutors’ trial misbehavior can ordinarily be remedied, and then restrained, by a capable trial judge. It is little wonder that disciplinary authorities, having bigger fish to fry, are virtually indifferent …

Graduate Bulletin 2019-2020, Cuny John Jay College

College Bulletins

Covers academic year 2019-2020

Undergraduate Bulletin 2019-2020, Cuny John Jay College

College Bulletins

Covers academic year 2019-2020

Outcomes From Efforts To Swab Offenders Who Lawfully “Owe” Dna In Cuyahoga County, Rachel Lovell, Joanna Klingenstein

Begun Center for Violence Prevention Research and Education Reports and Briefs

Starting in 2016, Cuyahoga County Prosecutor’s Office and the research team collaborated to identify individuals who owe DNA, swab eligible offenders who owe, and followed up after their DNA is entered into CODIS. This brief focuses on the second and third phases this project—the swabbing, the following up, and disseminating the results. As an assessment of the efficacy of changes to practice, this report explains the process and outcomes of swabbing and submitting swabs of individuals who owe DNA in Cuyahoga County and the outcomes of what happened after a person’s DNA was entered into CODIS. The findings and recommendations …

Collective Nobility: Spinoza And The Politics Of Emotion, Ethan K. Uhlig

Honors Undergraduate Theses

The intent of this thesis is to examine Spinoza's philosophy of emotion as it relates to groups of individuals, or collectives. These groups, especially political collectives such as nation-states, are evaluated through Spinozist understandings of virtue, nobility, and blessedness. From this analysis, a novel concept of "collective nobility" is used to create philosophical guidance for the emotional dimensions of politics and state action. Drug policy is used as a case study to understand how emotion influences policymaking and vice versa, both negatively (as in the United States) and positively (as in Portugal).

The Drugs/Violence Nexus: Theory Testing And Behavioral Health Factors Among Justice-Involved Appalachian Women, Grant Victor

Theses and Dissertations--Social Work

This study examined the relationship between drug use and violence among justiceinvolved women in Appalachian Kentucky. Goldstein’s (1985) conceptual framework was used as a theoretical guide in formulating the drugs and violence relationships. Therefore, three types of drug use and violence relationships were explored, including: 1) psychopharmacological violence; economic-compulsive violence; and 3) systemic violence. Although these drug-related violence typologies have been investigated, little research has been devoted to rural justice-involved women. Moreover, to date no studies have examined how these drug/violence relationships might be associated with behavioral health factors. Ergo, there were three aims of the current study. First, to …

Testing Periods And Outcome Determination In Criminal Cases, Fiona Doherty

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Reality Principle, Lawrence G. Sager, Nelson Tebbe

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

At The Intersection Of Health And Justice: How The Health Of American Indians And Alaska Natives Is Disproportionately Affected By Disparities In The Criminal Justice System, Bette Jacobs, Mehgan Gallagher, Nicole Heydt

Belmont Law Review

American Indian and Alaska Natives (AI/AN) are a neglected population in the United States. Their health and welfare needs are often swept aside and, because of historical treaty agreements with the United States government, they suffer disparities in the justice system and, consequently, poor health. A deep look into everyday life for an AI/AN tells a story of poverty and relatively low life expectancy, proportionately high incidences of disease, high rates of incarceration, and prolific alcohol and substance abuse. AI/ANs are incarcerated at a higher rate proportionately than their white counterparts. They experience harsher sentences, due in part to jurisdictional …

Johnny Appleseed: Citizenship Transmission Laws And A White Heteropatriarchal Property Right In Philandering, Sexual Exploitation, And Rape (The Whp) Or Johnny And The Whp, Blanche Cook

Law Faculty Scholarly Articles

Title 8, United States Code, Section 1409-one of this country's

citizenship transmission laws-creates a white heteropatriarchal property right

in philandering, sexual exploitation, and rape (the "WHP"). Section 1409

governs the transmission of citizenship from United States citizens to their

children, where the child is born abroad, outside of marriage, and one parent is a

citizen and the other is not. Section 1409, however, draws a distinct gender

distinction between women and men: An unwed female American citizen who

births a child outside the United States, fathered by a foreign man, automatically

transmits citizenship to her child. An unwed male American …

Curriculum Change 2019-2020, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

Punishment And Its Limits, Debra Parkes

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The nearly three decades in which Beverley McLachlin was a member of the Supreme Court, including 18 as Chief Justice, witnessed a number of shifts in Canadian penal policy and in the reach and impact of criminal law. During the Harper decade (2006 to 2015) in which the federal Conservatives enjoyed a majority government led by Prime Minister Stephen Harper, criminal justice policy took a turn toward the punitive. The federal government tore a page out of the American legislative handbook and sought to “govern through crime”, albeit in a more restrained Canadian style. Criminologists Anthony Doob and Cheryl Webster …

Concerning The Timing Of An Inquiry Into A Job Applicant's Criminal History, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2019, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Nonsubstantive Revision Of Statutes In The Colorado Revised States, As Amended, And, In Connection Therewith, Amending Or Repealing Obsolete, Imperfect, And Inoperative Law To Preserve The Legislative Intent, Effect, And Meaning Of The Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Membership Of The State Board Of Parole, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Re-Examining The Education System: Policy Recommendations For Florida Education Reform, K-12, Ariel Powell

Theses & ETDs

Education reform is one of many nonpartisan policies that many consider important. However, how the reform looks differs. The current education system is made up of unequal and discriminatory policies that have been pieced together over the years. To combat the sometimes blatant inequities within the system, there has to be an overhaul of not just the education system. The policy recommendations offered throughout the paper includes everything from education reform to criminal justice reform and builds its case off of the fact that no reform should be created in a vacuum especially, especially education policies. Education reform does not …

Echoes Of Our Past: Examining The Effects Of Childhood Trauma And Proposing A New Constitutional Bar To Capital Punishment, Carson Gilbert

University of Memphis Law Review

No abstract provided.

Orda Weekly Update, 2019 03 11, Office Of Research Development And Administration

ORDA Weekly Update

No abstract provided.

Mcnair Challenger, October 2019, Mcnair Scholars Program

EMU McNair Challenger

No abstract provided.

African American Homesteader “Colonies” In The Settling Of The Great Plains, Jacob K Friefeld, Mikal Eckstrom, Richard Edwards

Center for Great Plains Studies: Staff and Fellows Publications

African Americans participated in homesteading in the Great Plains primarily by establishing “colonies” or geographically concentrated homesteading communities. We studied Nicodemus, Kansas; DeWitty, Nebraska; Dearfield, Colorado; Empire, Wyoming; Sully County, South Dakota; and Blackdom, New Mexico, which were the largest and most important Black homesteading communities in their states. Black homesteaders, like their white counterparts, were mostly very poor, struggled to grow crops in a harsh climate, and used the land they gained to build new futures. But because of their previous experiences in the South and racism in some nearby communities, Black homesteaders developed a distinct understanding of their …

Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger

Center on Children, Families, and the Law: Faculty Publications

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private …

Concerning Changes To The Mental Health Criminal Justice Diversion Programs, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.