Digital Commons Network^™

Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney Cross

Scholarly Works

Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …

Is Gay The New Asian?: Marriage Equality And The Dawn Of A New Model Minority, Stewart Chang

Scholarly Works

In this Article, Professor Chang analyzes the historic role of family in the politics of exclusion in the United States, evaluates the ways in which the stereotyping of Asian Americans as a model minority has perpetuated these politics, and warns against the possibility of a similar fate for gay and lesbian Americans. As a model minority, Asian Americans have been set as a standard against which other minority groups, particularly African Americans, are measured. Around the same time Asians were being extolled for their hard work and family values, Congress released the Moynihan report on the problem of broken families …

Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles, David S. Tanenhaus

Scholarly Works

No abstract provided.

‘Let’S Change The Law’: Arkansas And The Puzzle Of Juvenile Justice Reform In The 1990s, David S. Tanenhaus, Eric C. Nystrom

Scholarly Works

No abstract provided.

Policing And The Clash Of Masculinities, Ann C. Mcginley

Scholarly Works

In 2014 and 2015, the news media inundated U.S. society with reports of brutal killings by police of black men in major American cities. Unfortunately, police departments do not typically keep data on police killings of civilians. The data that exist do show, however, that at least for a five-month period in 2015, there was a disproportionate rate of police killings of unarmed black men.

There is no question that race and class play a key role in the nature of policing that occurs in poor black urban neighborhoods. However, the relationship between police officers and their victims is not …

Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick

Scholarly Works

The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a …

From Victims To Litigants, Elizabeth L. Macdowell

Scholarly Works

This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental organizations implicates advocacy and access to justice for domestic violence survivors. The primary finding is that self-help programs may inadvertently work to curtail, rather than expand, advocacy resources. Furthermore, problems identified with self-help service delivery and negative impacts on advocacy systems may be explained by the structure of work within self-help programs and the nature of partnerships to provide self-help services. The Author uncovers previously unseen impacts of self-help programs on survivors …

Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick

Scholarly Works

Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …

“Law &” Meets “Law As”, Linda L. Berger

Scholarly Works

Prof. Berger reviews The Handbook of Law and Society, edited by Austin Sarat and Patrick Ewick.

Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan

Scholarly Works

In this article, Professor Hanan explores the issues surrounding reforms to the criminal justice system, juveniles, and conflict resolution. She asserts that enthusiasm for restorative justice as the best method of out-of-court dispute resolution in criminal cases should be tempered in favor of mediation, which is neutral because it does not assume that the accused is guilty and that "healing" or repair is warranted. Because decriminalization is not complete and the state retains jurisdiction, Professor Hanan argues for a neutral mediation program, which should (1) function to reduce overall contact with the criminal courts and (2) include procedural safeguards in …

Deception Detection In Dyads, Lorae Marquez

Open Access Theses & Dissertations

The aim of the present study was to determine whether it is possible to detect deception during the interview of a dyad by observing the nonverbal "partner monitoring" behavior of one dyad partner while the other partner is telling a lie. This study also aimed to assess whether individual differences in the Big Five personality traits, Absorption, and Imaginative Suggestibility are correlated with partner monitoring when one's partner is telling a lie. Undergraduate psychology students (N=94) were grouped in dyads and asked to play a game that involved one member of the dyad lying and the other member telling the …

Sharing Property, Kellen Zale

University of Colorado Law Review

The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …

Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John Mills, Anna M. Dorn, Amelia Courtney Hritz

Faculty Scholarship

This Article provides a comprehensive examination of juvenile life without parole ('"LWOP") both as a policy and in practice. Beginning in 2010, the U.S. Supreme Court has repeatedly held that the Eighth Amendment of the U.S. Constitution restricts the reach of JLWOP sentences, first prohibiting it for non-homicide offenses, then proscribing its mandatory application for any offense, and, in 2016, clarifying that it may only be imposed in the rare instance in which a juvenile's homicide demonstrates his or her "irreparable corruption. " The legislative responses to these cases have been to either abandon or restrict JLWOP's application. These legislative …

The Determinants Of Nfl Player Salaries, Trevor Draisey

Honors Program Theses

Using performance data from 2013 and salary data from 2014 for 426 offensive skill position players in the National Football League (NFL), this study analyzes the determinants of player salaries in rookie and veteran NFL contracts. It is the first study to use fantasy football statistics as a measure of performance across positions. The results indicate that performance, as measured by fantasy football statistics, is the primary determinant of veteran players’ salaries. Under the 2011 NFL Players Association Collective Bargaining Agreement (CBA), draft position is the primary determinant of rookie players’ salaries.

Reasonable Doubt And Moral Elements, Youngjae Lee

Faculty Scholarship

The law is axiomatic. In order to convict a person of a crime, every element of the crime with which he is charged must be proven beyond a reasonable doubt. This Article argues that this fundamental proposition of American criminal law is wrong. Two types of elements are typically found in crime definitions: factual elements and moral elements. Proving factual elements involves answering questions about historical facts—that is, questions about what happened. By contrast, proving moral elements—such as “reckless,” “unjustifiable,” “without consent,” or “cruel”—involves answering questions not only about what happened but also about the evaluative significance of what happened. …

The Relationship Between Goal Orientation And Compliance With A Rehabilitation Program Among Ncaa Division I Football Players, Kaitlyn E. Maloney

Research Papers

No abstract provided.

Adverse Consequences And Constructive Opportunities For Immigrant Youth In Delinquency Proceedings, Theo Liebmann

Hofstra Law Faculty Scholarship

For lawyers representing youth in juvenile delinquency cases, providing sound, knowledgeable counsel on immigration issues can empower clients to make informed decisions and help protect clients from potential adverse immigration consequences. This Article closely examines those consequences and opportunities; articulates the extent of the duty for lawyers who represent minors in delinquency cases to be able to competently advise and advocate for their clients, under both existing ethical rules and the 2010 Supreme Court decision Padilla v. Kentucky; and analyzes the challenges of applying those standards to the representation of immigrant youth in delinquency proceedings.

Police Bias In The Enforcement Of Drug Crimes: Evidence From Low Priority Laws, Gregory Deangelo, R. Kaj Gittings, Amanda Ross, Anne Walker

Economics Faculty Working Papers Series

We consider the impact of adoption of a low priority initiative in some jurisdictions within Los Angeles County on police behavior. Low priority initiatives instruct police to make the enforcement of low level marijuana possession offenses their “lowest priority.” Using detailed data from the Los Angeles County Sheriff’s Department and a difference-indifferences strategy, we show that the mandate resulted in a lower arrest rate for misdemeanor marijuana possession in adopting areas. However, the lower relative arrest rate is driven by a spike in the arrest rate in areas not affected by the mandate rather than a reduction in adopting areas.

Hate Speech And Double Standards, Thomas M. Keck

Political Science - All Scholarship

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands, they …

Student-Athlete Undergraduate Degree And Career Alignment, Courtney C. Cox

Master of Education in Applied Human Development Graduate Projects

Little research has been done on student-athletes after graduation. The question driving this study was do athletes use their degree after graduation in lieu of academic clustering, fraud, emphasis on winning and athletic identity. The purpose of this study was to determine whether or not student-athletes undergraduate degree and career alignment was greater, less, or similar to the average collegiate body. Data was collected from 65 former male student-athletes from a Midwest Division I Mid-Major University over the 2009 through 2015 athletic seasons. Two sports were evaluated, Football (n= 54) and Men’s Basketball (n= 14). Degree fields were determined by …

To Love Or Not To Love: The Possibility, Promise, And Peril Of Mutually Transformative Attorney-Client Friendships, David A. Singleton

Seton Hall Law Review

No abstract provided.

"I Can't Breathe": A Century Old Call For Justice, Christina Swarns

Seton Hall Law Review

No abstract provided.

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Loyola of Los Angeles Law Review

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through …

The Death Knell For The Death Penalty: Judge Carney's Order To Kill Capital Punishment Rings Loud Enough To Reach The Supreme Court, Alyssa Hughes

Loyola of Los Angeles Law Review

No abstract provided.

Empirical Methods And Critical Race Theory: A Discourse On Possibilities For A Hybrid Methodology, Mario L. Barnes

Articles

No abstract provided.

On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins

Articles

The life of Judge Harry T. Edwards is one very much steeped in writing. His passion dates back at least to his years at Uniondale High School when he was the editor of the school newspaper. In the legal realm, that passion traces back to 1964 and his days on the Michigan Law Review when he published two student Notes. In the half-century since then, Judge Edwards has authored six books and more than 90 scholarly articles or essays. As a lawyer, educator, administrator, arbitrator, and now jurist, Harry Edwards has put his ideas into print concerning an array of …

Challenging The "Criminal Alien" Paradigm, Angélica Cházaro

Articles

Deportation of so-called “criminal aliens” has become the driving force in U.S. immigration enforcement. The Immigration Accountability Executive Actions of late 2014 provide the most recent example of this trend. Even for immigrants’ rights advocates, conventional wisdom holds that if deportations must occur, “criminal aliens” should be the first to go. A voluminous “crimmigration” scholarship notes the ever-growing entwinement of criminal and immigration enforcement, but does not challenge this fundamental premise.

This Article calls for a rejection of the formulation of the “criminal alien”—the figure used to increasingly justify the preservation and expansion of a harmful immigration regime. It thus …

Police Stories, Helen A. Anderson

Articles

As lawyers and judges know, the facts, and the stories created with those facts, make the law: “[A] case well stated is more than half argued.” The police narrative is one of the most common narratives in legal writing, simply because there are so many criminal cases, as well as numerous civil cases, involving police. For the most part, these narratives tell the familiar story of the hardworking, careful police officer in a challenging situation with dangerous criminals.

These narratives do much of the work of an appellate argument, just as Chief Justice Robert’s story about Officer Devlin makes the …

Lost In The Locality Labyrinth: A Search For The Appropriate Legal Malpractice Standard Set Forth In Hamilton V. Sommers, Anna M. Limoges

South Dakota Law Review

No abstract provided.

No Hands: Reevaluating What Control Is Necessary To Establish Actual Physical Control Following State V. Nekolite, Kimberly B. Mcnulty

South Dakota Law Review

No abstract provided.