Digital Commons Network^™

Less Lethal Weapons: An Effectiveness Analysis, Timothy R. Kjellman

Senior Honors Theses

Less-lethal weapons have been effective at saving lives by providing police an option for defense or apprehension that does not involve a firearm. However, not all less-lethal weapons are created equal, and careful planning with a solid base of research must be done to insure that officers are prepared for every circumstance. The purpose of this study is to analyze the current information about less-lethal weapons and create a comprehensive breakdown of their strengths and weaknesses. This will include current statistics on the most common less-lethal weapons, as well as insight from scholarly sources. The strengths and weaknesses of a …

Constitutional Utopianism, Susan N. Herman

UTOPIA500

The sixth and final UTOPIA500 presentation was April 21, 2016. Professor Susan Herman, Centennial Professor of Law at Brooklyn Law School and President of the American Civil Liberties Union, received the official "Me and Tommy More" polo shirt from Dr. Michael P. Malloy, organizer of the UTOPIA500 project. Professor Herman delivered a presentation on Constitutional Utopianism. She explored the literary devices that More employed as narrative strategies in Utopia, and argued that his intention may have been to give focus to discussion about important issues of governance and societal structures, rather than to provide definitive answers. Professor Herman also compared …

St. Thomas More And His Utopia In Antebellum American Lawyer's Thought, Michael H. Hoeflich

UTOPIA500

The fifth UTOPIA500 presentation was April 7, 2016 about St. Thomas More and his Utopia in Antebellum American Lawyers' Thought. A former dean at Kansas Law and a renowned historian of colonial and pre-Civil War America, Professor Michael H. Hoeflich is also a fellow of the Royal Historical Society. He explored the publication history of More's UTOPIA, and the extent to which editions of the book were available in antebellum America. Professor Hoeflich noted that the novel, as a work of "politics," was well known by the likes of Jefferson, Madison, and John Adams, but its influence thereafter ebbed and …

The Communisitic Inclinations Of Sir Thomas More, David Papke

UTOPIA500

The fourth UTOPIA500 presentation was march 10, 2016. Dr. David R. Papke, Professor of Law at Marquette University Law School, received an official "Me and Tommy More" polo shirt from Dr. Malloy. Dr. Papke then spoke about The Communistic Inclinations of Sir Thomas More. A well-known scholar of legal history and law in popular culture, Dr. Papke noted the affinity that existed between the themes in Utopia and the views of Karl Marx as well as those of leaders of the Bolshevik Revolution. He also explored the problem of competing approaches to literary analysis and criticism - whether to seek …

Lawyer: Spring 2016, Seattle University School Of Law

Lawyer

•Korematsu's Living Legacy: $1 million gift allows Korematsu Center to carry on the civil rights work of its namesake
•Advanced Law Degrees: LLM and MLS degrees starting this fall
•Bringing Law School to Alaska: Students are attending a year of law school in Alaska
•There's an App for That: Lawyers and law students teamed up with developers to solve problems of access to legal services

Legal Personhood In More's Utopia, Andreea Boboc

UTOPIA500

The third UTOPIA500 presentation was Feb. 25, 2016. Dr. Andreea D. Boboc, English professor in the College of the Pacific, received an official "Me and Tommy More" polo shirt from McGeorge's Dean Francis J. Mootz III. She then spoke about Legal Personhood in More's Utopia. A published scholar of medieval English literature, Dr. Boboc explored how the fluidity and multiple jurisdictional levels of law in late medieval England shaped personhood. She had a compelling and provocative interchange with the Law and Literature students.

Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Tennessee Workers: Dying For A Job, Fran Ansley

Scholarly Works

No abstract provided.

Beyond The Metatheoretical: Implicit Bias In Law Review Article Selection, Michael J. Higdon

Scholarly Works

Every year, law review editors around the country are forced to select the authors, out of the hundreds who annually submit articles, to whom they will extend offers of publication. For law review editors, these are stressful times given 1) the short time frame they have for reading and assessing this ever growing number of submissions and 2) the fear that a poor selection on their part could potentially embarrass both themselves and their law schools. Although legal scholars sometimes forget about article selection from the perspective of the hurried, stressed law review editor, everyone in the academy should be …

Colleges And Universities: A Place To Get Away With Rape, Evelin Mac Clay

St. Thomas Law Review

Although Florida is known for having passed the toughest mandatory reporting laws for sexual abuse of children after the Sandusky Penn State scandal, there is no mandatory reporting requirement for young adults who suffer sexual abuse in schools. Additionally, schools do not currently offer programs of rehabilitation for the alleged assailant, and for the most part, the alleged attacker is allowed to continue pursuing his or her studies in the same university, running the risk of having repeat offenders on campus. Part II of this comment will provide a background of the different laws and amendments previously enacted in an …

Sexting And The Fate Of First-Time Offenders In Florida, Bernadette Garcia

St. Thomas Law Review

This comment addresses the discrepancy posed in Florida's reorganized sexting legislation, Florida Statute section 847.0141, between the sanctions for first-time sexting offending minors and second-time offenders, and the limited resources available to deter minors from recommitting the same offense. To begin, Part II introduces the pervasiveness of sexting among minors, cases of sexting and current sexting legislation in the United States, Florida's stance on sexting between minors, and diversion programming for delinquent youth. Next, Part III addresses Florida's sexting legislation, as well as Florida's different juvenile delinquency prevention programs. Additionally, Part IV analyzes the changes to Florida's sexting statute, Florida's …

A Comparative Empirical Study Of Negotiation In Criminal Proceedings Between Brazil And The United States Of America, Ricardo Gueiros Bernardes Dias

University of Baltimore Journal of International Law

The present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of …

Veterans Treatment Courts: Pure Pretextualism Or A Venue For Veterans' Needs?, John William Erickson Jr.

School of Criminal Justice Theses and Dissertations

The intended goals of Veterans Treatment Courts (VTCs) are consistent with what drove the establishment of Drug Courts and Mental Health Courts in the ‘90s. That is, a recognition that the traditional criminal justice system is geared toward punitive court dispositions; not the unique characteristics of addicts and/or mental health defendants (G. Lerner-Wren, personal communication, January 12, 2015). For example, In Dade County, Florida, a former U.S. Attorney, then the Dade County State Attorney, recognized that reform was necessary to avoid the criminalization of drug addiction; given the high prevalence of cocaine abuse. Today, U.S. Military Veterans returning from Iraq …

Reconsidering Criminal Procedure: Teaching The Law Of The Police, Rachel Harmon

Saint Louis University Law Journal

No abstract provided.

Probable Cause Revisited, William Ortman

Law Faculty Research Publications

No abstract provided.

From The Sophisticated Undertakings Of The Genovese Crime Family To The Everyday Criminal: The Loss Of Congressional Intent In Modern Criminal Rico Application, Emily A. Donaher

St. Thomas Law Review

Due to the unmanageable development of organized crime in America, principally the growth of La Cosa Nostra, Congress enacted the Organized Crime Control Act of 1970. Through this Act, Congress intended to eliminate organized crime, by criminalizing not only the syndicate but also the activities in which it was engaged. Congress then passed the Racketeer Influenced and Corrupt Organizations Act (RICO), which was to preclude organized crime from infiltrating legitimate American businesses. Although Congress intended courts to construe the RICO statute liberally to combat organized crime, in some cases, American courts have taken this liberal construction too far. The RICO …

Tsai Today (2016), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

Maine Law Magazine - Issue No. 91, University Of Maine School Of Law

Maine Law Magazine

FEATURES

• Justice for Women
  Momentum is growing for the lecture series
• Meet the Dean
  Dean Danielle Conway on her vision for Maine Law
• Bankruptcy law
  Graduates are making their mark
• Hands-on Learning
  Students volunteer to aid detained immigrants
• Student Spotlight
  Chris Poulos makes the most of a second chance
• Celebrating Legacy
  A look at honoring six retiring professors

Protest Is Different, Jessica L. West

University of Richmond Law Review

No abstract provided.

Can Law Stop Prosecution Of Afghanistan's Women And Girls For Moral Crimes? Searching For An Effective, Practical Legal Methodology, Tara S. Neal

Intercultural Human Rights Law Review

As a woman working in rule of law in Afghanistan, I was confronted on a daily basis by what it means to be female and the severity of those constraints. This realization began every morning with the choice of what to wear. The daily task of dressing myself in a manner that protected my safety, security, and reputation gave me a tiny glimpse into the lives of Afghan women. I discovered how law is used to reinforce traditional and cultural beliefs and the grave injustices served on Afghanistan's women and girls. I also discovered how vast sums of foreign money …

Mark D. Kielsgard, Responding To Modern Genocide: At The Confluence Of Law And Politics, Roza Pati

Intercultural Human Rights Law Review

This essay is a book review of Responding to Modern Genocide: At the Confluence of Law and Politics by Mark D. Kielsgard.

Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón

Walden Dissertations and Doctoral Studies

In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …

Capital Punishment At Home And Abroad: A Comparative Study On The Evolution Of The Use Of The Death Penalty In The United States And The United Kingdom, Rachel Gaines

Honors Theses

Capital punishment (sometimes referred to as the death penalty) is the carrying out of a legal sentence of death as punishment for crime. The United States Supreme Court has most recently ruled that capital punishment is not unconstitutional. As a result, states are free to abstain from using capital punishment or to use it, and it is accepted for federal crimes. In 1965, the United Kingdom eliminated the use of capital punishment for murder on a temporary basis, abolishing it permanently in 1969, and adopting two European protocols that eliminated its use perpetually for all crimes in 1998. This research …

Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks

Dalhousie Law Journal

For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …

Do You Know The Fair Market Value Of Your Property?: A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution, Adam M. Hapner

Barry Law Review

No abstract provided.

Lawyer: Fall 2015, Seattle University School Of Law

Lawyer

•A new crop of lawyers (cover story)
•Life on both sides of the law
•Faculty showcase
•You can go home again
•More than a thrift shop
•Spotlight on scholarships

The Right To Self-Determination Of A People: A Twailian Analysis Of Icj Decisions In Cameroon V. Nigeria, East Timor, And Western Sahara Cases, Ngozi Sunday Nwoko

LLM Theses

The various post-colonial armed conflicts bedeviling Third World States have claimed numerous lives and properties, drained its resources, displaced millions and have put the territory’s development move on the reverse gear. This thesis, from the theoretical perspective of Third World Approaches to International Law (“TWAIL”) is a contribution to the various on-going discussions on the roles that colonialism played in triggering bitter conflicts, confusion, and unhealthy rivalries amongst Third World peoples. Not losing sight of the internal dimensions to these conflicts, the thesis also examines the degree of contributions by some power-drunk and despotic Third World governments to these conflicts. …

Essays On The Economics Of Police Officer Discretionary Decisions, Huong Nguyen

Open Access Dissertations

This dissertation consists of three chapters studying police officer discretionary decisions on traffic stops and traffic violations. The decisions include whether to stop and search a vehicle, whether to write a ticket or a warning, the duration of stop, and the fine amount. The purpose of this research is to determine whether police officer discretion is affected by various factors other than the violation itself

A Warm Bucket Of What? Assessing The Role Of Lieutenant Governor In Illinois, Sheila Simon

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

The office of lieutenant governor in Illinois has often been the subject of debate, particularly during budget preparation time. This essay examines the history of the office of lieutenant governor in other states and in Illinois. Changes in the process of selecting the lieutenant governor are described, along with the current duties of the office. Finally, the author recommends changes in law and practice which would make the office of greater value to the state.