Digital Commons Network^™

Will To Power, Will To Reality, And Racial Profiling: How The White Male Dominant Power Structure Creates Itself As Law Abiding Citizen Through The Creation Of Black As Criminal, Steven R. Morrison

Northwestern Journal of Law & Social Policy

No abstract provided.

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Improving The Judicial System To Handle Computer Crime, Gerald V. Post, Albert Kagan

Journal of International Technology and Information Management

This paper asked professionals in the legal system to evaluate the current state and effectiveness of laws to identify and deter computer crime. Responses were evaluated with a formal structural equation model. The results generally show that legal professionals believe potential jurors have minimal knowledge of computer crime issues. More importantly, they also believe that judges have little knowledge or experience. A similar lack of knowledge by defense attorneys indicates that it could be difficult for a person accused of computer related infractions to find adequate representation. On the other hand, more experienced participants do not believe computer laws present …

Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act, Kim Mccoy

Animal Law Review

The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes …

Judging International Judgments, Mark L. Movsesian

Faculty Publications

What effect should rulings of international courts have in domestic courts? In the U.S., debate has centered on a series of rulings by the International Court of Justice (ICJ) on the application of the Vienna Convention on Consular Relations (VCCR). The VCCR, a multilateral treaty that the United States ratified in 1969, grants foreign nationals the right to seek the assistance of their consulates in the event that local authorities arrest them. An Optional Protocol to the VCCR gives the ICJ jurisdiction over disputes relating to the interpretation and application of the treaty. Since the late 1990s, the ICJ repeatedly …

The Gift Of Milner Ball, Thomas L. Shaffer

Journal Articles

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend—my colleague, too—and also my teacher (in two senses, including the I-once-paid-tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the source …

Senior Capstone Project : Resources For Juvenile Sex Offenders In Monterey County : Monterey County Probation Department -- Juvenile Division, Ignacio Pacheco

Capstone Projects and Master's Theses

An overview of juvenile sex offender characteristics, treatment resources in Monterey County, and recommendations for better service delivery to this population and the community. This report is of scholarly nature and was completed for the Monterey County Probation Department to address the problem that these perpetrators pose to the community.

Perceptions Of The Training Needs Of Law Enforcement Officers, Nicholas Allen Walling

UNLV Retrospective Theses & Dissertations

The rules of law enforcement are constantly evolving and the criminal community persists in developing new and innovative ways to circumvent the efforts of the police. Revolutionary advances in police equipment design and a sociological awakening has created an intense scrutiny of the way police officers conduct their affairs. Law enforcement officers require continuing training to meet these social demands and to keep up with technological advances, the ever-changing laws, and critical developments in the criminal world; Because high profile civil rights cases have involved devastating monetary judgments against the agencies involved, police administrators across the country have established training …

Law, Responsibility, And The Brain, Owen D. Jones, Hakwan C. Lau, Dean Mobbs, Christopher D. Frith

Vanderbilt Law School Faculty Publications

This article addresses new developments in neuroscience, and their implications for law. It explores, for example, the relationships between brain injury and violence, as well as the connections between mental disorders and criminal behaviors. It discusses a variety of issues surrounding brain fingerprinting, the use of brain scans for lie detection, and concerns about free will. It considers the possible uses for, and legal implications of, brain-imaging technology. And it also identifies six essential limits on the use of brain imaging in courtroom procedures.

Law And Society Approaches To Cyberspace, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …

Dayton Lawyer, Winter 2006-07, University Of Dayton

Dayton Lawyer

No abstract provided.

Lawyer - Winter 2006, Seattle University School Of Law

Lawyer

• A Proper Salute: Law School Honors Lt. Cmdr. Charles Swift '94 for Standing Up for His Principles and the Constitution
• Scholars for Justice: First Award Recipients Pave the Way for Careers in the Public Interest
• Legal Education Without Borders
• Law Degree Helps Businessman Make Sound Real Estate Deals

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie Wilson

Scholarly Works

This Article looks at the intersection of the Fourth Amendment, which protects Americans' personal security against arbitrary and oppressive searches by law enforcement officials, and the Eighth Amendment, which proscribes excessive bail. The focus is on the validity and effectiveness of an arrested person's agreement to relinquish some or all of her Fourth Amendment rights as a means of gaining freedom from pre-trial detention. In other words, can an arrested person validly "consent" to waive some of her Fourth Amendment rights to avoid pre-trial detention? Recently, in a case of first impression in the federal courts of appeal, the Ninth …

The Future Of Apologies, Aaron Lazare

New England Journal of Public Policy

Aaron Lazare spoke on the topic of apologies at the inauguration of Chancellor Michael Collins at the University of Massachusetts Boston. This text is taken from Lazare’s 2004 book On Apology published by Oxford University Press and reprinted here with permission.

School Of Law Commencement: May 13, 2006, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 13, 2006.

An Overview Of Post-Disaster Fraud, Fredric A. Kerstein

St. Thomas Law Review

Ladies and Gentlemen, good afternoon. I wish to thank you and tell you how much I appreciate this opportunity to speak with you today. I have been asked to provide an overview of "Post-Disaster Fraud" from the perspective of local law enforcement: the who, what, when and why. I will be discussing the types of fraud, what to expect as a result of the disaster, and how local law enforcement can respond. You may be asking yourselves why I have been asked to address you on this topic. Let me provide you some personal background. I am an Assistant State …

Untangling The Legal Paradigm Of Indefinite Detention: Security, Liberty And False Dichotomy In The Aftermath Of 9/11, Saby Ghoshray

St. Thomas Law Review

While exploring the full scope of the governmental abuse of power since 9/11 in the first thread, I restrict my examination to a narrow scope of indefinite detention and explore whether the heightened need for security necessarily gives rise to abuses of power. This is especially important, as the fundamental rights to liberty of some individuals could be subject to a much stricter interpretation of the governing legal principles. This inquiry runs parallel to my analysis as to whether the heightened security need post-9/11 created new constitutional grounds to mask the fundamental right to liberty. The second thread of this …

What Is Johnny Doing In The Library - Libraries, The U.S.A. Patriot Act, And Its Amendments, Karl T. Gruben

St. Thomas Law Review

A cornerstone of democracy in the United States is the freedom to think whatever we wish to think. Actions, of course, are a different matter, but any thought that can be thought is just fine: under the First Amendment we may not be prosecuted for what we are thinking. The First Amendment guarantees several other freedoms, among them the freedoms of speech and association. To enjoy the freedom of thought to which we are constitutionally entitled we must be able freely to explore the world of ideas to cultivate thoughts and other, possibly new, ideas. Reading and communicating with others …

Consumer Fraud Victimization In Florida: An Empirical Study, Kristy Holtfreter, Michael D. Reisig, Thomas G. Blomberg

St. Thomas Law Review

Defined in general legal terms, fraud refers to "[a] knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment."' More specifically, consumer fraud is a form of economic crime that "involves some form of communication between victim and offender," and includes "the deliberate deception of the victim with the promise of goods, services, or other benefits that are nonexistent, unnecessary, were never intended to be provided, or were grossly misrepresented." This form of illegal activity is a serious problem in the United States. Recent estimates show that nearly one-half …

The Impact Of The 9/11 Attacks On National Security Law Casebooks, Tung Yin

St. Thomas Law Review

In this book review, I use the 9/11 attacks and the subsequent American responses as a framework for reviewing four casebooks currently available for use in courses on national security or antiterrorism. It is hardly surprising that law professors might themselves respond to the 9/11 attacks by adjusting content in appropriate courses. While casebooks may have other uses, their primary purpose is undoubtedly intended to be in law school courses. In turn, law school courses have a number of goals, among them the imparting of substantive knowledge in the particular field of law, as well as the development of students' …

Streamlining Habeas Corpus While Undermining Judicial Review: How 28 U.S.C. Sec. 2254(D)(1) Violates The Constitution, Muhammad U. Faridi

St. Thomas Law Review

Although this article focuses on the writ of habeas corpus as filed by prisoners in state custody and as regulated by 28 U.S.C. § 2254, the recent developments involving the writ as filed by prisoners in federal custody and as regulated by 28 U.S.C. § 2241 are worth noting. Section II of Justice Steven's majority opinion in Rasul v. Bush2 deserves reading and re-reading because it recognizes the importance of the writ of habeas corpus in American jurisprudence. Section IV of the opinion holds that even "[a]liens held at the [Guantanamo Bay] base, no less than American citizens, are entitled …

Confronting Barriers To The Courtroom For Animal Advocates: Introduction, Clayton Gillette, Joyce Tischler

Animal Law Review

Joyce Tischler describes the development of the field of animal law from the first animal law conference to its current recognition as one of today’s most important issues. Tischler traces the beginnings of animal law and its development, both parallel to and as part of the animal rights and protection movements. Tischler further explores common dilemmas facing animal lawyers and how these dilemmas, along with their responses, have helped shape animal law as we know it today.

Benefits For All: The Economic Impact Of The New Jersey Child Care Industry • Infant/Toddler, Preschool And Out-Of-School Time Programs, Brentt Brown, Saskia Traill Ph.D., Caroline Purnell Tompkins, The New Jersey Child Care Economic Impact Council, The John S. Watson Institute For Public Policy Of Thomas Edison State College

Center for the Positive Development of Urban Children

The child care industry includes infant/toddler care and education, preschool and out-of-school time care and education programs in for-profit, nonprofit and public settings that educate and nurture children’s development and enable their parents to work and update their skills. This report examines the economic impact of New Jersey’s child care industry and presents a complete picture of its gross receipts, number of employees and how the industry provides benefits for all. The child care industry is integral to family and economic life of New Jersey residents:

1. Child care and education programs with quality learning environments support New Jersey’s future …

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Culture In Our Midst, Elaine M. Chiu

Faculty Publications

Culture, like race, class, gender, sexual orientation and wealth is one of many ways in which the law is not neutral. Indeed, culture is a source of law. Yet, as traditional legal positivists have taught us, the law or legal doctrine can prove to be more powerful than culture, often outlasting it. The “mirror image” theory states that the laws of a particular locale reflect the culture of that locale. The law merely serves as enforcement of the common decency, propriety and morality of that culture. Not only is this understanding appealingly simple, it is often invoked by judges and …

Culture As Justification, Not Excuse, Elaine M. Chiu

Faculty Publications

The wide discussion of cultural defenses over the last twenty years has produced very little actual change in the criminal law. This Article urges a reorientation of our approach thus far to cultural defenses and aspires to move the languishing discussion to a more productive place. The new perspective it proposes is justification. The Article asks the criminal law to make doctrinal room for defendants to argue that their allegedly criminal acts are justified acts, and not excused acts, based on the values and norms of their minority cultures. Currently, the criminal law deals with such acts of minority defendants …

The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami

Faculty Publications

The rise of the religious, or "faith-based," prison at the turn of the twenty-first century bears witness to the remarkable resilience of religion in shaping the philosophy of punishment. In the last decade, prisons that incorporate religion in various ways have sprouted around the country and there are some indications, though preliminary, inconclusive, and hotly contested, that inmates who participate in religious instruction and “programming” recidivate at lower rates than those who do not. The early success of these programs (and, some say, the preferential treatment accorded to participants in them) has resulted in high demand and long waiting lists. …

Human Security Or State Security - The Overriding Threat In Trafficking In Persons, Mohamed Y. Mattar

Intercultural Human Rights Law Review

Trafficking in persons is a violation of human rights that mainly affects women and children. For this reason, it should be recognized not only as a crime against the state but as a crime against the individual that poses a threat to human security. This paper will inquire into how national legal systems take into consideration the concept of human security in designing the appropriate legal response to trafficking in persons. This paper will focus on the following issues: personal security and safety versus human security; the methods that can be employed by legislation to protect the rights of a …

Stereotypes Of Law Enforcement In Television, Phillip Michael Kopp

UNLV Retrospective Theses & Dissertations

This study looks at the stereotypes of law enforcement in prime-time network television. This is done through a content analysis of a sample of television characters (N=40) from crime drama programs. To accomplish this, characters were scored on demographic, personality, and typological variables by a group of coders. The study found that there is not a single "superprofile" of officers but multiple stereotypes of law enforcement officers present in prime-time network television programming. This may be in part due to the corporate nature of mass media in general. Additionally, it concluded that these stereotypes have changed over time as officer, …

Behavioral Genetics And Crime, In Context, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article provides an introduction to some of the key issues at the intersection of behavioral genetics and crime.

It provides, among other things, an overview of the emerging points of consensus, scientifically, on what behavioral genetics can and cannot tell us about criminal behavior. It also discusses a variety of important implications (as well as complexities) of attempting to use insights of behavioral genetics in legal contexts.