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2016 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

Overseeing Agency Enforcement, Rachel E. Barkow

Faculty Articles

A big part of what agencies do — indeed, the core of their executive power—is law enforcement. Whether it is a statute or an agency regulation, agencies make sure that individuals and entities comply with the law. In the case of some agencies, such as prosecutors’ offices or police departments, all they do is law enforcement; they do not possess rulemaking or judicial powers. Even for agencies that possess an array of powers, including rulemaking, enforcement is typically a core part of successfully achieving their statutory mission. Agency authorizing statutes typically give the agency broad discretion to set enforcement policies …

Neuroscience And The Civil/Criminal Daubert Divide, Erin E. Murphy

Faculty Articles

In the modern constitutionalist tradition, the concept of constituent power imagined to be held by “We the People” is widely held to be foundational for the legitimate authority of constitutions. There is, however, a jurisprudentially questionable structural nationalist/statist as well as voluntarist/positivist character in the way that “We the People” as constituent power is predominantly conceptualized in the modern tradition. I will contrast this modern understanding with a different, revised understanding of constituent power as an integral part of a revised understanding of constitutionalism. That revised understanding is both cosmopolitan and post-positivist, even if sovereign states and positive law remain …

Rights And Regulation: The Evolution Of Sexual Regulation, Melissa Murray

Faculty Articles

Since it was decided in 2003, Lawrence v. Texas has underwritten the effort to expand access to marriage to same-sex couples. It is curious that Lawrence has served as a foundation for same-sex marriage. After all, Lawrence was not a case about marriage—samesex or otherwise. Instead, Lawrence was a case about criminal sex and more specifically about limiting the state’s authority to regulate and punish nonmarital sex and sexuality. In short, Lawrence was a case about sexual liberty. The focus on Lawrence as a way station to samesex marriage has allowed us to overlook a developing threat to Lawrence’s values …

From War To Peace: When Democracy Prevails?, Izabela Pereira Watts

Saint Louis University Public Law Review

Why are some war-torn countries able to make the transition to democracy? This paper intends to bring to light central dilemmas originating from the efforts of building peace and democracy in fragile states after war. We will focus on understanding the tensions and contradictions in post-conflict democratization, the challenges facing interim governments and the role of the international community. We will first analyze the set of structural and common dilemmas of peace-building and democratization in the aftermath of civil war, such as temporal, systemic, horizontal, and vertical dilemmas. The paper highly contributes theoretically to the body of knowledge by proposing …

Protecting The Impartial Jury: A Solution Of Questions, Claire C. Kates

Saint Louis University Public Law Review

No abstract provided.

Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy

Criminal Law Practitioner

No abstract provided.

Alvaro Uribe Velez: Maintaining Popularity Despite Significant Government Scandals, Juliana A. Canas Baena

Scripps Senior Theses

Despite the scandals and the increase in violence towards vulnerable communities, Uribe and his government still had an extremely high approval rating. His popularity may be explained as a result of the majority of citizens benefitting from his policies because while they violate human rights, they function as mechanisms that support and enhance his success in delivering stability to Colombia’s middle and upper-classes. Moreover, Uribe did not address critics of his government or the media, instead he created a discourse that his government and its policies were responsible for successfully combatting the guerrillas and cartels and improving the economy. Thus …

[Social Work] Newsletter, 2016, University Of Northern Iowa. Department Of Social Work.

Social Work Newsletter

Inside This Issue:
--From the Department Head: Year In Review Fall 2015-Spring 2016
--Professor Spotlight: Katherine van Wormer
--Professor Highlights: Laura Praglin, James McCullagh, Steven Onken, James, Hanson, Augustina Naami, Ga-Young Choi, Anita Gordon
--Staff Highlights: Debra Laneville, Ann Thill
--Department News: Distance Education MSW, Exploring Korean Exchange Programs
--Department-Wide Events: Social Work Ethics Conference, Iowa NASW Symposium, Annual Awards and Scholarships Ceremony
--In the Field
--2016 Trauma Conference: Advancing Trauma Understanding and Response in 2016
--Agency Highlights: Jen Alexander, Peg DeArmond, Sheri Floyd
--A Spiritual Awakening: From Incarceration to Full-Time Student
--Student Highlights: Trevor Dismore, Vanessa McNeal
--MSW Foundation …

Henry V British Columbia: Still Seeking A Just Approach To Damages For Wrongful Conviction, Emma Cunliffe Dr.

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

“Henry v. British Columbia (Attorney General) was the first case in which a claimant sought damages under section 24(1) of the Canadian Charter of Rights and Freedoms for breaches of rights that led to a wrongful conviction and imprisonment. In its 2015 decision, the Supreme Court of Canada clarified the criteria for the award and quantum of such damages. In June 2016, Hinkson C.J.S.C. awarded $8,086,691.80 in damages to Ivan Henry in compensation, special damages and “to serve both the vindication and deterrence functions of s. 24(1) of the Charter”. This award reflected Hinkson C.J.S.C.’s findings that: Crown Counsel intentionally …

Csbs Statements, V18, 2016, University Of Northern Iowa. College Of Social And Behavioral Sciences.

CSBS Statements

Contents:

--From the Desk of the Dean
--Where in the World is CSBS
--Fashion & STEM: A Perfect Fit
--Sociology of Culture: Engaging New Tastes Thru Art, Chocolate and Community
--Passing the Torch for a Brighter Future
--UNI ROTC Celebrates Shared Anniversary With Army ROTC
--History and Military Science Team Up to Teach Future Citizens
--ROTC Cadet Summer Training
--Social Work Explores Seoul Exchange Program
--The Canterbury Forum
--Elect Her Panther Women Win
--State-of-the-art Lab Gives UNI Students an Opportunityto Impact the Field
--Iowa Bioblitz Program Inspires Young Explorers
--Geotree Center Offers Students Real-World Experience
--Out of the Darkness Walk …

The Pendulum Swings: Reconsidering Corporate Criminal Prosecution, David M. Uhlmann

Articles

Corporate crime continues to occur at an alarming rate, yet disagreement persists among scholars and practitioners about the role of corporate criminal prosecution. Some argue that corporations should face criminal prosecution for their misconduct, while others would reserve criminal prosecution for individual corporate officials. Perhaps as a result of this conflict, there has been a dramatic increase over the last decade in the use of deferred prosecution and non-prosecution agreements for some corporate crimes, even as the government continues to bring criminal charges for other corporate crimes. To move beyond our erratic approach to corporate crime, we need a better …

Confronting Power In Public Law, Kate Andrias

Articles

In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as “the ability to effect substantive policy outcomes by influencing what the government will or will not do.” As Levinson details, structural constitutional law has focused on how power is distributed among governmental institutions. It has not consistently or adequately considered how power is — or should be — distributed among social groups. Ultimately, Levinson suggests that the narrow focus of separation of powers law and theory on “equalizing the power of government institutions” lacks …

Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott

Articles

The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …

The President As Spiritual Leader: Pardons, Punishment, Forgiveness, Mercy, And Justice, Henry L. Chambers Jr.

Law Faculty Publications

The Constitution of the United States empowers the president of the United States to curtail or eliminate punishment for actual or possible federal criminal wrongdoing by issuing pardons. As the quotes that begin this chapter suggest, the nature of a presidential pardon is subject to dispute. A pardon can be thought to be an act of grace or an extension of the president's executive power to administer the criminal justice system, or something in between. This chapter does not resolve the issue, but considers the nature of the pardon power while considering whether or how the president can or should …

Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 25, No. 1 (Fall 2016), Dale Margolin Cecka

Law Faculty Publications

What You Do and Do Not Learn in Law School: A Family Law Associate’s Perspective

Hiring and Supervising New Lawyers: A Family Law Partner’s Perspective

Chair’s Column

Law Faculty News and News and Events Around the Commonwealth

Call for Nomination: William R. Rakes Leadership in Education Award

2016-2017 Board of Governors

Group Threat, Police Officer Diversity And The Deadly Use Of Police Force, Joscha Legewie, Jeffrey Fagan

Faculty Scholarship

Officer-involved killings and racial bias in policing are controversial political issues. Prior research indicates that (perceived) group threat related to political mobilization, economic competition, and the threat of black crime are is an important explanations for variations in police killings across cities in the United States. We argue that a diverse police force that proportionally represents the population it serves mitigates group threat and thereby reduces the number of officer-involved killings. Count models support our argument. They show that group threat is largely driven by the threat of black crime. Black-on-white homicides increase officer-involved killings of African Americans but black-on-black …

Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon

Faculty Scholarship

This essay examines the charge that activist judging is inconsistent with democracy in the light of two recent perspectives in legal scholarship. The perspectives – Democratic Constitutionalism and Democratic Experimentalism – suggest in convergent and complementary ways that the charge ignores or oversimplifies relevant features of both judging and democracy. In particular, the charge exaggerates the pre-emptive effect of activist judging, and it implausibly conflates democracy with electoral processes. In addition, it understands consensus as a basis for judicial legitimacy solely in terms of pre-existing agreement and ignores the contingent legitimacy that can arise from the potential for subsequent agreement.

Terry'S Original Sin, Jeffrey Fagan

Faculty Scholarship

In Mapp v. Ohio, the U.S. Supreme Court extended the due process protections of the exclusionary rule to include all "constitutionally unreasonable searches" that were done without a basis of probable cause. In the seven years after Mapp, when homicide rates in the U.S. nearly doubled, riots broke out in at least forty-seven U.S. cities. During the same era, a heroin epidemic gripped the nation's urban centers, giving rise to street drug markets and associated violence and pressures on law enforcement to curb those markets. As violence increased, a turn in the nation's political culture questioned Mapp's restraints on …

Confronting Power In Public Law, Kate Andrias

Faculty Scholarship

In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as “the ability to effect substantive policy outcomes by influencing what the government will or will not do.” As Levinson details, structural constitutional law has focused on how power is distributed among governmental institutions. It has not consistently or adequately considered how power is – or should be – distributed among social groups. Ultimately, Levinson suggests that the narrow focus of separation of powers law and theory on “equalizing the power of government institutions” lacks …

Peer Review: Navigating Uncertainty In The United States Jury System, Anna Offit

Faculty Publications

This Article examines American prosecutors' approaches to uncertainty during voir dire. At different points during trial preparation and during jury selection itself-- lawyers draw on multiple interpretive systems to make sense of ordinary citizens. Taking Assistant United States Attorneys in a federal jurisdiction in the Northeast United States as a case study, and drawing on ethnographic research, I focus on three systems prosecutors alternately (and sometimes simultaneously) use to evaluate jurors: (1) probabilistic and evaluative analogies, (2) juror-types generated from the details of criminal cases, and (3) local knowledge stemming from prosecutors' relationships and experiences outside of the courtroom. I …

Taking Stock Of Cuny Esl: What A Survey Of Esl Faculty And Adminstrators Says About The Past, The Present, And The Future, Effie Paptzikou Cochran, Lubie Grujicic-Alatristie

Publications and Research

This report provides a summary of a survey of CUNY ESL faculty and administrators in an attempt to assess CUNY ESL programs’ achievements and to offer an insight into current challenges. In the new millennium, with educational, financial, political, and linguistic concerns on the rise, taking stock of where we are in English as a second language instruction in higher education and planning for the future are at once prudent and pressing.

Fact Book 2016-17, Western Michigan University

Western Michigan University Fact Books

• General Information
• Colleges at WMU
• Headcount
• Demographics
• Extended University Programs
• Freshmen Faculty
• Information

What We Know And Need To Know About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About The Legal Needs Of The Public, Rebecca L. Sandefur

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Veteran Access To Justice, Elizabeth Chambliss

South Carolina Law Review

No abstract provided.

Federal Government As Your Partner: What Advocates Should Know About Federal Resources For Veterans' Legal Aid, Allie Yang-Green, Karen Lash

South Carolina Law Review

No abstract provided.

A Cross-National Study Of The Association Between Natural Resource Rents And Homicide Rates, 2000–12, Paul B. Stretesky, Michael A. Long, Michael J. Lynch

Criminology Faculty Publications

Countries that rely on natural resource rents (that is, the revenue generated from the sale of natural resources) may suffer from a variety of social problems. This exploratory study reviews the natural resource extraction literature to derive a ‘natural resource rents–homicide’ hypothesis. Data for 173 countries for the years 2000 to 2012 are examined to determine if there is a correlation between natural resource rents and homicide rates. Multilevel growth models suggest that natural resource rents are positively correlated with homicide rates within countries (level 1) but not between them (level 2). Importantly, the correlation between natural resource rents and …

Public Policy Arguments For Enacting Kentucky's Cannabis Freedom Act, Amanda Goff Connors

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Denying Access To Justice During A Carceral Crisis, Brett Dignam

IMPACT: Collected Essays on Expanding Access to Justice

No abstract provided.