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The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling Jan 2006

The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling

Security Studies & International Affairs - Daytona Beach

"Champlain College formally started an undergraduate degree program in Computer & Digital Forensics in 2003. The underlying goals were that the program be multidisciplinary, bringing together the law, computer technology, and the basics of digital investigations; would be available as on online and oncampus offering; and would have a process-oriented focus. Success of this program has largely been due to working closely with practitioners, maintaining activity in events related to both industry and academia, and flexibility to respond to ever-changing needs. This paper provides an overview of how this program was conceived, developed, and implemented; its evolution over time; and …

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Trademark Dilution In Japan, Kenneth L. Port Jan 2006

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino Jan 2006

The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Scholarly Works

Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade’s most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including severe brain injury, major depression, schizophrenia, dyslexia, cocaine addiction, compulsive gambling, pedophilia, racial evaluation, deception, cooperation, altruism, and even sexual preference. Poised to move outside the research context, fMRI and its ability to detect correlations between brain activations and sensitive and …

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The Past, Present, And Future Of Violent Crime Federalism, Daniel C. Richman Jan 2006

The Past, Present, And Future Of Violent Crime Federalism, Daniel C. Richman

Faculty Scholarship

The history of the federal involvement in violent crime frequently is told as one of entrepreneurial or opportunistic action by presidential administrations and Congress. The problem with this story, however, is that it treats state and local governments as objects of federal initiatives, not as independent agents. Appreciating that state and local governments courted and benefited from the federal interest is important for understanding the past two decades, but also for understanding the institutional strains created by the absolute priority the feds have given to counterterrorism since September 11, 2001. Intergovernmental relations are at a crossroads. For two decades, the …

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How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar Aug 2005

How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar

ExpressO

This Article describes recent developments in moral philosophy on the “second personal standpoint,” and argues that they will have important ramifications for legal thought. Moral, legal and political thinkers have, for some time now, understood important distinctions between the first personal perspective (of deliberation) and the third personal perspective (of observation, cause and effect), and have plumbed these distinctions to great effect in their thought. This distinction is, in fact, implicit the law and economics movement’s “rational actor” model of decision, which currently dominates much legal academic thought. Recent developments in value theory due to philosopher Stephen Darwall suggest, however, …

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School Of Law Commencement: May 14, 2005, University Of North Dakota May 2005

School Of Law Commencement: May 14, 2005, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 14, 2005.

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Lawyer - Spring 2005, Seattle University School Of Law May 2005

Lawyer - Spring 2005, Seattle University School Of Law

Lawyer

• Dean Search Committee Members Complete a Job Well Done
• The New Dean is One of Our Own: A “First” for the State’s Largest Law School
• Homeless in Seattle: The Campus Community Gives and Learns
• The Women's Law Caucus Hosted Another "Winner"

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Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley Jan 2005

Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley

Scholarly Works

No abstract provided.

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Prospective Student Information Booklet (2004-05), Florida State University College Of Law Jan 2005

Prospective Student Information Booklet (2004-05), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

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The Birth Of A Therapeutic Courts Externship Program: Hard Labor But Worth The Effort, Gregory Baker, Jennifer Zawid Jan 2005

The Birth Of A Therapeutic Courts Externship Program: Hard Labor But Worth The Effort, Gregory Baker, Jennifer Zawid

St. Thomas Law Review

In this article, we focus on the use of externships to introduce law students to the concepts of Therapeutic Jurisprudence and problem solving courts (also referred to herein as therapeutic courts). We begin with an examination of the birth of William & Mary Law School's therapeutic courts practice externship, arguably the most comprehensive externship of its kind. Next, we will focus on an alternative model of a therapeutic court externship clinic, still in its infancy, at the University of Miami School of Law. Our goals are both simple and lofty. We want as many law students as possible to be …

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Therapeutic Jurisprudence And The Rehabilitative Role Of The Criminal Defense Lawyer, David B. Wexler Jan 2005

Therapeutic Jurisprudence And The Rehabilitative Role Of The Criminal Defense Lawyer, David B. Wexler

St. Thomas Law Review

In the present article, I will identify the potential rehabilitative role of the attorney from the beginning stages-possible diversion, for example through sentencing and even beyond-through conditional or unconditional release, and possible efforts to expunge the criminal record. This article has two principal purposes; first, to call for the explicit recognition of a TJ criminal lawyer, and to provide, in a very sketchy manner, an overview of that role; second, to propose an agenda of research and teaching to foster the development of the rehabilitative role of the criminal lawyer. While much of the proposed research would discuss the rehabilitative …

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Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'

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From Violence And Victimization To Voice And Validation: Incorporating Therapeutic Jurisprudence In A Children's Law Clinic, Carolyn S. Salisbury Jan 2005

From Violence And Victimization To Voice And Validation: Incorporating Therapeutic Jurisprudence In A Children's Law Clinic, Carolyn S. Salisbury

St. Thomas Law Review

This article discusses our Clinic's Voice Project and examines the application of Therapeutic Jurisprudence principles to the group of foster children who created the Trapped mural: girls who are victims of abuse and who are committed to psychiatric facilities. In their self-expression, an overwhelming number of the girls focused on their experiences of being sexually abused and feeling re-victimized within the psychiatric and legal systems. Unfortunately, "[u]nlike most victims of other sexualized violence, the victims of child sexual abuse have had little or no voice, creating a literal as well as figurative absence of narrative about the harm." In this …

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Making The Case: Therapeutic Jurisprudence And Problem-Solving Practices Positively Impact Clients, Justice Systems And Communities They Serve, Cait Clarke, James Neuhard Jan 2005

Making The Case: Therapeutic Jurisprudence And Problem-Solving Practices Positively Impact Clients, Justice Systems And Communities They Serve, Cait Clarke, James Neuhard

St. Thomas Law Review

What is becoming known as Therapeutic Jurisprudence or client-centered representation is new to most line-lawyers or leaders of traditional public defense programs. However, many of these practices have been incorporated into the daily practices within defender offices for decades. Strategies that secure better bonds or sentences lead many public defense programs to seek early entry into the jails and to verify client information. Efforts to learn about "beds" for their clients that were unknown to swamped probation programs have lead offices and individual defenders to actively participate and create alternative treatment programs. Overworked offices hire less expensive sentencing specialists or …

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Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Cambell Jan 2005

Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Cambell

Irish Journal of Applied Social Studies

Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. The long-established practice of diverting certain young offenders from prosecution ensures that children are not drawn into the criminal justice system and are not given a criminal record (Goldson, 2000: 35). A non-statutory diversion programme entitled the Garda Liaison Scheme was established in Ireland in 1963, which diverted less serious young offenders from prosecution (Report of the Committee Appointed to Monitor the Effectiveness of the Diversion …

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Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore Jan 2005

Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore

Animal Law Review

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.

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Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen Jan 2005

Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen

All Papers

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …

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Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami Jan 2005

Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami

Faculty Publications

The federal judicial branch has lately become the object of increasing scrutiny and distrust by its legislative counterpart. Congressional suspicion is often directed toward judicial discretion in criminal sentencing and, more generally, the degree to which judges are perceived to be beholden to a particular ideological point of view or personal bias. This distrust has bred a potent strain of political opportunism that Congress has manifested in several recent bills. One of these, the Feeney Amendment to the PROTECT Act, all but eliminated judicial discretion in sentencing and tacitly threatens judges' continued employment. Though the Supreme Court's recent decision in …

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The Challenge Of Motive In The Criminal Law, Elaine M. Chiu Jan 2005

The Challenge Of Motive In The Criminal Law, Elaine M. Chiu

Faculty Publications

The purchase of illegal drugs by an undercover police officer is commonly known as a “buy and bust” operation. In the twenty-first century, the stakes in the longstanding war on drugs are high as law enforcement and national security agencies join forces to confront the disturbing ties between terrorism and illegal narcotics. In addition to being a weapon in the arsenal of law enforcement, the buy and bust operation also tells an interesting story about motive in the criminal law. This article uses the simple street sale to demonstrate how the criminal law suffers from its ambivalent attitude towards the …

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Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller Jan 2005

Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller

Journal Articles

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.

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To Charge Or Not To Charge?-That Is The Question: The Pursuit Of Strategic Advantage In Prosecutional Decision-Making Surrounding Hate Crime, Beverly Mcphail, Valerie Jenness Jan 2005

To Charge Or Not To Charge?-That Is The Question: The Pursuit Of Strategic Advantage In Prosecutional Decision-Making Surrounding Hate Crime, Beverly Mcphail, Valerie Jenness

Journal of Hate Studies

We asked prosecutors how they think about hate crimes and which factors do and do not influence their decision-making processes when deciding whether to charge a hate crime (add a hate crime enhancement). Our empirical findings along these line provide the first glimpse of the dynamics that underlie the prosecution of hate crime.

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African Americans And Aboriginal Peoples: Similarities And Differences In Historical Experiences, David E. Wilkins Jan 2005

African Americans And Aboriginal Peoples: Similarities And Differences In Historical Experiences, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference brought together some of the more significant actors in the Civil Rights arena—including Gary Orfield, Julian Bond, Antonia Hernandez, Glenn Loury, William Julius Wilson, and Gerald Torres—to reflect on the dynamics of residential segregation, racial identity, institutional barriers to racial integration, inequalities in higher education, and, or …

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Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm Jan 2005

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

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Screening The Law: Ideology And Law In American Popular Culture, Naomi Mezey, Mark C. Niles Jan 2005

Screening The Law: Ideology And Law In American Popular Culture, Naomi Mezey, Mark C. Niles

Georgetown Law Faculty Publications and Other Works

This Article is an attempt to think critically about the pop cultural life of law, to investigate the legal and ideological messages that cultural images of law bear, and to explore how, why and to what extent television and film differ in their portrayals of law. While many legal scholars have addressed the legal content of popular culture in recent years, few have explored the field expansively or interrogated the significant differences in the images of law and legal institutions produced in the different popular media. Some scholars have traced one legal theme through popular culture generally, others have focused …

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The Nova Southeastern Lawyer, Fall 2004, Volume 12, Number 5, Nova Southeastern University - Shepard Broad Law Center Oct 2004

The Nova Southeastern Lawyer, Fall 2004, Volume 12, Number 5, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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Law Student Field Projects In Community Law, Fran Ansley Oct 2004

Law Student Field Projects In Community Law, Fran Ansley

Scholarly Works

An online teaching and learning portfolio.

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Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen Aug 2004

Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

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School Of Law Commencement: May 15, 2004, University Of North Dakota May 2004

School Of Law Commencement: May 15, 2004, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 15, 2004.

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Prospective Student Information Booklet (2003-04), Florida State University College Of Law Jan 2004

Prospective Student Information Booklet (2003-04), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

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Protecting The Unpopular From The Unreasonable: Warrantless Monitoring Of Attorney Client Communications In Federal Prisons, Teri Dobbins Baxter Jan 2004

Protecting The Unpopular From The Unreasonable: Warrantless Monitoring Of Attorney Client Communications In Federal Prisons, Teri Dobbins Baxter

Scholarly Works

No abstract provided.

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