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2019

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How Crime Dramas Influence Perception Of Crime, Abby Hogan Jan 2019

How Crime Dramas Influence Perception Of Crime, Abby Hogan

Undergraduate Honors Thesis Collection

Television crime dramas are becoming more and more popular, introducing new shows and spin-offs every year. With their growing popularity, it is important to study the possible impacts that they could have on society, and people’s views of crime and criminality. This study looks at how much college students watch and enjoy these shows, and whether they affect their perception on the criminal justice system and procedures shown in the crime dramas. Questionnaires given to Butler University students inquire about their crime drama watching habits as well of their opinions and views on different aspects of the justice system, including …


The Effects Of Social Media Use On The Perceptions Of Mental Illness Among College Students, Brea Fisher Jan 2019

The Effects Of Social Media Use On The Perceptions Of Mental Illness Among College Students, Brea Fisher

Undergraduate Honors Thesis Collection

This study examined individuals’ use of and perceptions of social media networking sites (i.e. Facebook and Twitter) on their perceptions of mental illness. Previous studies have consistently found that media, by means of TV shows, movies, and news reports, depict distorted views of the mentally ill. Previous studies have also consistently found that these media depictions are related to increased stigma of mental illness and the mentally ill. This current study goes a step further by examining the role of social media networking sites on individual’s perceptions, since they are newer and more widely used forms of social media today. …


Understanding The Relationship Between Slavery, Self-Esteem, And Income: An Analysis Of The Master-Slave Dynamic And The Socioeconomic Status Of African American Men And Women, Nyree Modisette Jan 2019

Understanding The Relationship Between Slavery, Self-Esteem, And Income: An Analysis Of The Master-Slave Dynamic And The Socioeconomic Status Of African American Men And Women, Nyree Modisette

Undergraduate Honors Thesis Collection

This research project analyzes why a person's status and opportunity for achievement is shrouded in a racialized context. The analysis focuses on the effect of the master-slave dynamic, which was unique as an institution of slavery in the United States because it was conceived along racial lines. Considering that for over 400 years this master-slave dynamic was a primary determinant of the relationships between black and white people, it is not unimaginable to consider that some aspects of that dynamic are still in play today. They have firmly entrenched an unequal economic system that falls along racial lines. For the …


Reflections On Representing Incarcerated People With Disabilities: Ableism In Prison Reform Litigation, Jamelia Morgan Jan 2019

Reflections On Representing Incarcerated People With Disabilities: Ableism In Prison Reform Litigation, Jamelia Morgan

Faculty Articles and Papers

Over the last five decades, advocates have fought for and secured constitutional prohibitions challenging solitary confinement, including ending the placement and prolonged isolation of individuals with psychiatric disabilities in solitary confinement. Yet, despite the valiant efforts of this courageous movement to protect the rights of incarcerated people with disabilities through litigation, the legal regime protecting these rights reflects a troubling paradigm: ableism.

Ableism is a complex system of cultural, political, economic, and social practices that facilitate, construct, or reinforce the subordination of people with disabilities in a given society. In this Essay I argue that current Eighth Amendment jurisprudence in …


Table Of Contents Jan 2019

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


Criminal Justice Reform In Missouri, Emily Stahly Jan 2019

Criminal Justice Reform In Missouri, Emily Stahly

Saint Louis University Law Journal

No abstract provided.


Can All Murders Be “Aggravated?” A Look At Aggravating Factor Capital-Eligibility Schemes, Tyler Ash Jan 2019

Can All Murders Be “Aggravated?” A Look At Aggravating Factor Capital-Eligibility Schemes, Tyler Ash

Saint Louis University Law Journal

No abstract provided.


Neuroscience, Justice And The "Mental Causation" Fallacy, John A. Humbach Jan 2019

Neuroscience, Justice And The "Mental Causation" Fallacy, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Mental causation is a foundational assumption of modern criminal justice. The law takes it for granted that wrongdoers “deserve” punishment because their acts are caused by intentions, reasons and other mental states. A growing body of neuroscience evidence shows, however, that human behavior is produced by observable physiological activity in the brain and central nervous system--all in accordance with ordinary physical laws. Beyond these ordinary physiological interactions and processes, no hypothesis of mental causation is required to causally explain behavior.

Despite the evidence, neuroskeptics insist that intentions, reasons and other mental states can play a causal role in producing human …


Lead Us Not Into Temptation: A Response To Barbara Fedders’S “Opioid Policing”, Anna Roberts Jan 2019

Lead Us Not Into Temptation: A Response To Barbara Fedders’S “Opioid Policing”, Anna Roberts

Indiana Law Journal

In “Opioid Policing,”1 Barbara Fedders contributes to the law review literature the first joint scholarly analysis of two drug policing innovations: Seattle’s Law Enforcement Assisted Diversion (LEAD) program and the Angel Initiative, which originated in Gloucester, Massachusetts. Even while welcoming the innovation and inspiration of these programs, she remains clear-eyed about the need to scrutinize their potential downsides. Her work is crucially timed. While still just a few years old, LEAD has been replicated many times2 and appears likely to be replicated still further—and to be written about much more. Inspired by Fedders’s call for a balanced take, this Response …


Data Protection In An Increasingly Globalized World, Nicholas F. Palmieri Iii Jan 2019

Data Protection In An Increasingly Globalized World, Nicholas F. Palmieri Iii

Indiana Law Journal

With the rise of the internet in recent decades, it has become increasingly easy for various enterprises—including retailers, advertising agencies, and service providers—to acquire, use, and even share the personal details of their users. Such a trend is unlikely to decrease in the coming years; in fact, internet usage is only likely to increase as more and more people gain access to the internet. In the wakeof recent data breaches, including the now infamous breach of Equifax as well as the scandal involving Facebook and Cambridge Analytica, people are even more aware of the need for (and the risk of …


Movements In The Discretionary Authority Of Federal District Court Judges Over The Last 50 Years, Susan R. Klein Jan 2019

Movements In The Discretionary Authority Of Federal District Court Judges Over The Last 50 Years, Susan R. Klein

Loyola University Chicago Law Journal

No abstract provided.


Community First: Why California’S Elimination Of Cash Bail May Have Missed The Mark, Jade Gasek Jan 2019

Community First: Why California’S Elimination Of Cash Bail May Have Missed The Mark, Jade Gasek

University of the Pacific Law Review

No abstract provided.


Protecting The Digital Playgrounds: Narrowly Tailoring The Meaning Of “Social Media” To Prohibit Sexual Predators From Using Social Media, Dj Mico Jan 2019

Protecting The Digital Playgrounds: Narrowly Tailoring The Meaning Of “Social Media” To Prohibit Sexual Predators From Using Social Media, Dj Mico

University of the Pacific Law Review

No abstract provided.


Why Mississippi Should Reform Its Penal Code, Judith J. Johnson Jan 2019

Why Mississippi Should Reform Its Penal Code, Judith J. Johnson

Journal Articles

The Mississippi Penal Code was determined at the turn of this century to be the fifty-second-worst penal code in the United States. As much as Mississippi is often used to being-and is even proudly defiant for being-ranked low on national scales, this is an issue about which we should be deeply concerned. A well-drafted penal code is crucial because it is at the core of the primary value of justice. While we are experienced with being ranked last in many situations, often unfairly, the criticism of the Mississippi Penal Code is accurate. Although many of the cited defects are ameliorated …


Show Me The Money: An Empirical Analysis Of Interest Group Opposition To Federal Courts Of Appeals Nominees, Donald E. Campbell, Marcus Hendershot Jan 2019

Show Me The Money: An Empirical Analysis Of Interest Group Opposition To Federal Courts Of Appeals Nominees, Donald E. Campbell, Marcus Hendershot

Journal Articles

Contemporary views of the federal judicial appointment process are grounded in themes of obstruction and gridlock. Within this environment, interest groups find fertile ground to target, and sometimes successfully oppose, judicial nominees that once automatically moved through the appointment process and ended in confirmation. While interest group involvement and influence is an accepted fact, much less is known about the efficacy of these groups in carrying out their objective of correctly identifying ideological outlier nominees. This article asks the question: Do interest groups correctly identify and target nominees who are ideological outliers? The article implements a research design that evaluates …


2019 Women's Golf Media Guide, University Of South Florida. Athletic Communications Office, Tom Zebold Jan 2019

2019 Women's Golf Media Guide, University Of South Florida. Athletic Communications Office, Tom Zebold

Women's Golf Media Guides

The 2019 season media guide for the University of South Florida Bulls' womens golf team. Included are sections with a season outlook, coaches and staff, player biographies, history and records, and USF Athletics information.


Fructifying The First Amendment: An Asymmetric Approach To Constitutional Fact Doctrine, Amanda Reid Jan 2019

Fructifying The First Amendment: An Asymmetric Approach To Constitutional Fact Doctrine, Amanda Reid

Faculty Publications

No abstract provided.


Talking Foreign Policy: Responding To Rogue States, Milena Sterio, Todd F. Buchwald, James Johnson, Michael P. Scharf, Paul R. Williams Jan 2019

Talking Foreign Policy: Responding To Rogue States, Milena Sterio, Todd F. Buchwald, James Johnson, Michael P. Scharf, Paul R. Williams

Law Faculty Articles and Essays

Talking Foreign Policy is a one-hour radio program, hosted by the Dean of Case Western Reserve University School of Law, Michael Scharf, in which experts discuss important foreign policy issues.The purpose of the radio show is to cover some of the most salient foreign policy topics and discuss them in a way that can make it easier for listeners to grasp.

Talking Foreign Policy is recorded in the WCPN 90.3 Ideastream studio, Cleveland's NPR affiliate. Michael Scharf is joined each session with a few expert colleagues known for their ability to discuss complex topics in an easy-to-digest manner:

  • The ambassador: …


Uncoverings: The Research Papers Of The American Quilt Study Group, Volume 40 (2019), Laurel Horton, Terry Tickhill Terrell, Katha Kievit, Linda Welters, Margaret T. Ordoñez Jan 2019

Uncoverings: The Research Papers Of The American Quilt Study Group, Volume 40 (2019), Laurel Horton, Terry Tickhill Terrell, Katha Kievit, Linda Welters, Margaret T. Ordoñez

Uncoverings Journal

Preface by Laurel Horton

Prickly Elegance: Identifying and Dating Disocactus Motifs on Early Chintz by Terry Tickhill Terrell

Edmund Potter: Nineteenth Century Calico Printer by Katha Kievit

Delaines: A Forgotten Fabric by Linda Welters and Margaret T. Ordoñez

Contributors

Index


Why Police Should Protect Complainant Autonomy, Randall K. Johnson Jan 2019

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

Faculty Works

This Essay does its work in, at least, three ways. First, it encourages better use of scarce public sector resources by calling for reform of the police complaint intake process. Next, this Essay identifies the causes of police complaint inefficiencies by critically-assessing how intake is done by the Chicago Police Department (CPD). Lastly, it provides guidance about how to achieve CPD intake reform by better protecting complainant autonomy. Complainant autonomy, at least in this Essay, is defined as a real party in interest’s (i.e. an injured citizen’s) right to control how its allegations are framed by a nominal plaintiff (i.e. …


The Confrontation Right, Richard D. Friedman Jan 2019

The Confrontation Right, Richard D. Friedman

Book Chapters

This chapter examines the right of criminal defendants to be confronted with the witnesses against them. It first provides an overview of the nature, purposes, and costs of the confrontation right before discussing the history of the confrontation right. It then considers a range of issues that may arise in any jurisdiction (or in some cases, any common law jurisdiction) with regard to the confrontation right, using as a touchstone the current status of the right in the United States. In particular, it describes situations in which the question of whether a statement is testimonial typically arises, such as fresh …


New Jersey Bail Reform: An Analysis Of Fourth Amendment Concerns, Jessica Guarracino Jan 2019

New Jersey Bail Reform: An Analysis Of Fourth Amendment Concerns, Jessica Guarracino

Student Works

No abstract provided.


Legal And Clinical Issues Regarding The Pro Se Defendant: Guidance For Practitioners And Policy Makers, Christina L. Patton, E. Lea Johnston, Colleen M. Lillard, Michael J. Vitacco Jan 2019

Legal And Clinical Issues Regarding The Pro Se Defendant: Guidance For Practitioners And Policy Makers, Christina L. Patton, E. Lea Johnston, Colleen M. Lillard, Michael J. Vitacco

UF Law Faculty Publications

Defendants who attempt to represent themselves, or proceed pro se, make up less than 1% of felony cases. However, when the issue of competency to proceed pro se arises, it can present interesting questions and challenges not only for the defendant, but also for others involved with the trial process. In Indiana v. Edwards (2008), the U.S. Supreme Court permitted states to impose a higher standard of competency for defendants who wish to proceed to trial without an attorney than for defendants who stand trial with representation. States have responded by adopting a patchwork of different, and often vague, …


Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance Jan 2019

Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance

UF Law Faculty Publications

Tragic acts of school violence such as what occurred in Columbine, Newtown, and, more recently, in Parkland and Santa Fe, provoke intense feelings of anger, fear, sadness, and helplessness. Understandably, in response to these incidents (and for other reasons), many schools have intensified the manner in which they monitor and control students. Some schools rely on combinations of security measures such as metal detectors; surveillance cameras; drug-sniffing dogs; locked and monitored gates; random searches of students’ belongings, lockers, and persons; and law enforcement officers. Not only is there little empirical evidence that these measures actually make schools safer, but overreliance …


Radical Aces: Building Resilience And Triggering Structural Change, Nancy E. Dowd Jan 2019

Radical Aces: Building Resilience And Triggering Structural Change, Nancy E. Dowd

UF Law Faculty Publications

Children’s developmental equality is critical to their opportunity and lifetime success. If we are to dismantle hierarchies among children, we must dismantle barriers placed in their way as well as insure affirmative support so that each child achieves their full developmental potential. The Adverse Childhood Experiences (ACEs) framework identifies factors that create hurdles, not necessarily insurmountable, to children’s development. A higher ACEs number translates into geometrically increased challenges for individual children. Identifying ACEs, if used simply to count obstacles for children, does not contribute to the goal of children’s equality. Indeed, counting ACEs may have the converse effect, if identifying …


Equality, Equity, And Dignity, Nancy E. Dowd Jan 2019

Equality, Equity, And Dignity, Nancy E. Dowd

UF Law Faculty Publications

In this Essay I explore the definition and scope of children’s equality. I argue that equality includes equity and dignity. The meaning of each of these concepts is critical in imagining a deep, rich vision of equality, and in constructing policies to achieve that vision. This definition of equality creates affirmative rights, demands action to resolve structural discrimination that creates and sustains hierarchies among children, and requires affirmative support for children’s developmental equality.


Reconceptualizing Criminal Justice Reform For Offenders With Serious Mental Illness, E. Lea Johnston Jan 2019

Reconceptualizing Criminal Justice Reform For Offenders With Serious Mental Illness, E. Lea Johnston

UF Law Faculty Publications

Roughly 14% of male inmates and 31% of female inmates suffer from one or more serious mental illnesses, such as schizophrenia, bipolar disorder, and major depressive disorder. Policymakers and the public widely ascribe the overrepresentation of offenders with serious mental illness in the justice system to the “criminalization” of the symptoms of this afflicted population. The criminalization theory posits that the criminal justice system has served as the primary agent of social control over symptomatic individuals since the closure of state psychiatric hospitals in the 1950s and the tightening of civil commitment laws. The theory identifies untreated mental illness as …


Antidiscriminatory Algorithms, Stephanie Bornstein Jan 2019

Antidiscriminatory Algorithms, Stephanie Bornstein

UF Law Faculty Publications

Can algorithms be used to advance equality goals in the workplace? A handful of legal scholars have raised concerns that the use of big data at work may lead to protected class discrimination that could fall outside the reach of current antidiscrimination law. Existing scholarship suggests that, because algorithms are “facially neutral,” they pose no problem of unequal treatment. As a result, algorithmic discrimination cannot be challenged using a disparate treatment theory of liability under Title VII of the Civil Rights Act of 1964 (Title VII). Instead, it presents a problem of unequal outcomes, subject to challenge using Title VII’s …


Cops And Cars: How The Automobile Drove Fourth Amendment Law, Tracey Maclin Jan 2019

Cops And Cars: How The Automobile Drove Fourth Amendment Law, Tracey Maclin

UF Law Faculty Publications

This is an essay on Professor Sarah A. Seo’s new book, Policing the Open Road: How Cars Transformed American Freedom (Harvard Univ. Press 2019). I focus on Professor Seo’s analysis of Carroll v. United States, 267 U.S. 132 (1925) and Brinegar v. United States, 338 U.S. 160 (1949). Carroll is important not only because it was the Court’s first car case. Understanding Carroll (and Brinegar, which solidified and expanded Carroll’s holding) is essential because, nearly one hundred years later, its logic continues to direct how the modern Court resolves Fourth Amendment claims of motorists. Put simply, a majority of today’s …


Law School Rules, Regulations And Policies, And Orientation Guide, 2019-2020, Suffolk University Law School Jan 2019

Law School Rules, Regulations And Policies, And Orientation Guide, 2019-2020, Suffolk University Law School

Suffolk University Law School Academic Catalogs

No abstract provided.