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Are Anti-Bullying Laws Effective?, Ari Ezra Waldman

Articles & Chapters

Since 2010, when several high profile bullying-related suicides brought bullying and cyberharassment into the national consciousness, all 50 states have passed laws that address bullying among the nation’s youth. This essay is the first in a series of three projects on federal, state, municipal, and individual school approaches to bullying. There are only 4 published studies on the relationships between law and bullying rates. This Essay adds several features to the discourse. It offers a comprehensive analysis of the contents of state anti-bullying laws, using a 16-item list of guidelines from the United States Department of Education as a frame. …

She's Nobody's Child/The Law Can't Touch Her At All': Seeking To Bring Dignity To Legal Proceedings Involving Juveniles, Michael L. Perlin, Alison Lynch

Articles & Chapters

Recent Supreme Court decisions declaring unconstitutional both capital punishment (Roper v. Simmons, 2005) and life without parole (Graham v. Florida, 2010) in cases involving juveniles might lead a casual observer to think that we are now in an era in which dignity of juveniles is privileged in the legal system and in which humiliation and shame are subordinated. This observation, sadly, would be wrong.

Inquiries into a range of issues involving juveniles – commitment to psychiatric institutions; trials in juvenile courts; aspects of criminal procedure that, in many jurisdictions, bar juveniles from raising the incompetency status or the insanity defense; …

Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon A. Evans

Oklahoma Law Review

No abstract provided.

Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz

Oklahoma Law Review

No abstract provided.

Incarceration Of Nonviolent Offenders At The High Court In Oyo State, Nigeria, Olugbenga Rotimi Akanji

Walden Dissertations and Doctoral Studies

The nonuse of community correction in the Nigeria criminal justice system has led to increased recidivism, contributed to prison congestion, introduced the risk of prison victimization, and lacked the provision of a rehabilitative structure for nonviolent offenders. The purpose of this phenomenological research study was to explore Nigerian judges' use of alternatives to incarcerations for nonviolent offenders. Dolinko retributive punishment theory provided the theoretical framework for this study. Ten participant judges comprised the study sample from a purposeful and criterion random sampling method. Data were collected from participants through structured interviews and were coded manually, sorted, and analyzed using the …

Assimilation For Hispanics, Generational Standing, Education And Income: A Correlational Empirical Study., Tammy B. Burroughs

Walden Dissertations and Doctoral Studies

Latino immigrants who lack assimilation into U.S. society often experience discrimination and immigrant backlash. The purpose of this exploration was to better understand the historical lack of assimilation of Latino immigrants, so they may avoid discrimination and have more access to goods and services. Self-determinism helped explain why the Latino immigrant group has a problem assimilating due to exclusionary practices, while segmented assimilation offered explanations on why assimilation is difficult. In this study, assimilation was measured according to English mastery by Spanish speakers. The research question was focused on what extent the level of generational standing, education, and income relate …

Predictive Relationship Between Anger And Violence In Canadian Secondary Students, Lawrence Alfred Deck

Walden Dissertations and Doctoral Studies

Violence among Canadian secondary students remains a concern for administrators, teachers, community members, and students. The purpose of this retrospective quantitative nonexperimental study was to examine the predictive relationship between anger and violence among secondary students in Canada using the Anger Regulation and Expression Scale (ARES). The general aggression model provided the framework for the study. Survey data were collected from 138 students using the ARES. Demographic data and archival data from students' school files were also collected. Results of receiver operator characteristic analysis and binary logistic regression indicated that the ARES total score provided fair to good predictive ability …

The State Of The Region: Hampton Roads 2018, Dragas Center For Economic Analysis And Policy, Old Dominion University, Vinod Agarwal, Barbara Blake, Chris Colburn, Steve Daniel, Ericha Forest, Ross J. Gore, J. Andrew Hansz, Saloni Jain, Elizabeth Janik, Nikki Johnson, James V. Koch, Tim Komarek, Feng Lian, Sharon Lomax, Janet Molinaro, Brendan O'Hallarn, Maximilien Peker, Michael Phelps, Aiden Thompson, Jay Walker, Hannah White, Ziniya Zahedi

State of the Region Reports: Hampton Roads

[From the introductory material]

This is Old Dominion University’s 19th annual State of the Region report. While it represents the work of many people connected in various ways to the university, the report does not constitute an official viewpoint of Old Dominion, its president, John R. Broderick, the Board of Visitors, the Strome College of Business or the generous donors who support the activities of the Dragas Center for Economic Analysis and Policy.

The report maintains the goal of stimulating thought and discussion that will ultimately make Hampton Roads an even better place to live. We are proud of our …

You Be The Judge: The Wholesale Implementation Of Bail Schedules By The Judiciary As An Abdication Of Adjudicatory Responsibility Creating A Disparate Impact For African-Americans And Hispanics Accused Of A Criminal Offense, Taurus Myhand

Scholarly Works

The presumption of innocence is not well illustrated in the age-old and widespread use of monetary bail systems by most jurisdictions throughout the United States. In fact, whether a person is detained in jails prior to the final disposition of the case, is not likely to be dependent on the strength of the government’s case toward proving the accusee’s guilt. Rather, pre-trial detention is much more dependent on whether the accusee has the means to pay an amount of money determined by a court.

As the calls for bail reform resurges, many legal professionals are looking for alternatives to monetary …

Can The President Control The Department Of Justice?, Bruce A. Green

Faculty Scholarship

No abstract provided.

Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little

Faculty Scholarship

No abstract provided.

The Institutional Design Of Punishment, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Searches And Automobiles - Grounds Or Cause: Assessing The Constitutionality Of Warrantless Pre-Arrest Breath Tests And The Grounds On Which Such Tests May Be Requested, Nick Surma

North Dakota Law Review

No abstract provided.

The Pollution Exclusion And Carbon Monoxide, Chad G. Marzen

North Dakota Law Review

No abstract provided.

Counter-Uas Applications Illegal Under 18 U.S.C. § 32 Are Justified When Using A Reasonably Defensible Counter-Uas Strategy That Incorporates Risk And Compliance Categorizations, Joseph J. Vacek

North Dakota Law Review

No abstract provided.

Cabining Judicial Discretion Over Forensic Evidence With A New Special Relevance Rule, Emma F.E. Shoucair

Michigan Law Review

Modern forensic evidence suffers from a number of flaws, including insufficient scientific grounding, exaggerated testimony, lack of uniform best practices, and an inefficacious standard for admission that regularly allows judges to admit scientifically unsound evidence. This Note discusses these problems, lays out the current landscape of forensic science reform, and suggests the addition of a new special relevance rule to the Federal Rules of Evidence (and similar rules in state evidence codes). This proposed rule would cabin judicial discretion to admit non-DNA forensic evidence by barring prosecutorial introduction of such evidence in criminal trials absent a competing defense expert or …

Watching You Watching Me: Lateral Surveillance In Singapore, Yan Song Lee

Graduate Theses, Dissertations, and Problem Reports (ETD)

Historically, top-down surveillance -- surveillance from the state and other organizations -- has dominated social life, but not anymore. Technological advances drove down the price of surveillance equipment which aided in the proliferation of devices such as dashboard cameras. The widespread use of affordable surveillance equipment gave rise to the phenomenon of lateral surveillance, whereby laypersons can employ surveillance techniques to monitor individuals around them. The Singapore metropolis provides an excellent example with the ubiquitous use of dashboard cameras for cars today. In this research, I focus on Singaporean rideshare drivers who are simultaneously subjected to traditional forms of top-down …

Uav Modeling And Simulation At Normal And Abnormal Conditions, Mofetoluwa Fagbemi

Graduate Theses, Dissertations, and Problem Reports (ETD)

The main objective of this thesis is to develop new capabilities within the West Virginia University (WVU) unmanned aerial systems (UAS) simulation environment for the design and analysis of fault tolerant control laws on small sized unmanned aerial vehicles (UAVs). An aerodynamic model for an electric powered UAV is developed using a vortex lattice method implemented within the computational design package Tornado. One-dimensional look-up tables are developed for the main stability and control derivatives, which are then used to calculate linear aerodynamic forces and moments for the nonlinear aircraft equations of motion. Flight data are used for model verification and …

“Show Me Your Papers”: An Equal Protection Violation Of The Rights Of Latino Men In Trump’S America, Monica Chawla

Touro Law Review

No abstract provided.

Through The Smoke: Do Current Civil Liability Laws Address The Unique Issues Presented By The Recreational Marijuana Industry?, Thomas Stufano

Touro Law Review

No abstract provided.

Sanctuary Networks As Integrative Enforcement, Ming Hsu Chen

Faculty Scholarship

intended focus is on the widespread response—in cities, churches, campuses, and corporations that together comprise “sanctuary networks”1—to the Trump Administration’s Executive Order 13768 Enhancing Public Safety in the Interior of the United States2 as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagi cement policy with a more integrative flavor.

Leveraging Social Science Expertise In Immigration Policy, Ming Hsu Chen

Faculty Scholarship

The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision- making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It …

Give Them A Chance: Public Attitudes To Sentencing Young Offenders In Western Australia, Suzanne Ellis, Natalie J. Gately Dr, Shane Rogers, Andree Horrigan

Research outputs 2014 to 2021

Public opinion is often reported as punitive towards sentencing young people. Attitudes remain important to investigate given their potential to influence policy within the criminal justice system. Therefore, it is important to understand the formation of these attitudes and their consistency with sentencing principles. Semi-structured interviews (n = 72) and surveys (n = 502) were used to gauge opinions of sentencing young people under different scenario manipulations (age, weapon, drug treatment, prior record). The findings revealed the public expected punishment, but favoured rehabilitation with an opportunity to repent, suggesting the public are open to alternatives to ‘tough on …

Grassroots Vs. Big Oil: Measure P And The Fight To Ban Fracking In Santa Barbara County, California, Corrie Grosse

Environmental Studies Faculty Publications

In 2014, volunteers in Santa Barbara County, California, collected over 20,000 signatures in three weeks to qualify an anti-fracking initiative for the November election. The initiative, Measure P, met over six million dollars in opposition from oil corporations. Despite mobilizing 1,000 volunteers, the proponents of the measure failed to garner enough votes for success. Drawing on 43 in-depth interviews and participant observation with environmental groups before, during, and after the campaign, this article examines the strengths and weaknesses of grassroots organizing behind Measure P. Organizers, especially during the signature drive, successfully garnered broad-based support in the southern part of the …

State Of Utah, Plaintiff/Appellee, V. Reynaldo Thomas Martinez, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Paul B. Parker presiding
Defendant is incarcerated

State Of Utah, Plaintiff/Appellee, V. Reynaldo Thomas Martinez, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Paul B. Parker presiding
Defendant is incarcerated

State Of Utah, Plaintiff/Appellee, Vs. Jennifer Oryall, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF
UTAH, FROM A CONVICTION OF DRIVING UNDER THE INFLUENCE OF
ALCOHOL/DRUGS, A THIRD DEGREE FELONY,
BEFORE THE HONORABLE JUDGE JAMES TAYLOR

Appellant is not currently incarcerated on this case

State Of Utah, Plaintiff/Appellee, Vs. Jennifer Oryall, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF
UTAH, FROM A CONVICTION OF DRIVING UNDER THE INFLUENCE OF
ALCOHOL/DRUGS, A THIRD DEGREE FELONY,
BEFORE THE HONORABLE JUDGE JAMES TAYLOR

ORAL ARGUMENT REQUESTED

Appellant is not currently incarcerated on this case

Kyle Savely, Claimant-Appellant, V. Utah Highway Patrol And Utah Department Of Public Safety, Defendants-Appellees. : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of The Libertas Institute as Amicus Curiae Supporting
Appellant

On Appeal from Dismissal of Petition for Return of Property in the
Third District Court -- Summit County
The Honorable Kara Pettit Presiding

Kyle Savely, Claimant-Appellant, V. Utah Highway Patrol And Utah Department Of Public Safety, Defendant-Appellee. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF APPELLANT

APPEAL FROM DISMISSAL OF PETITION FOR RETURN OF PROPERTY,
IN THE THIRD DISTRICT COURT--SUMMIT COUNTY, STATE OF UTAH,
THE HONORABLE KARA PETTIT PRESIDING