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Table Of Contents Jan 2016

Table Of Contents

Touro Law Review

No abstract provided.


Administration Of The Criminal Justice System: When Efficiency Trumps A Fundamental Right, Sean Mcleod Jan 2016

Administration Of The Criminal Justice System: When Efficiency Trumps A Fundamental Right, Sean Mcleod

Touro Law Review

No abstract provided.


A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante Jan 2016

A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante

Touro Law Review

No abstract provided.


Montgomery V. Louisiana: An Attempt To Make Juvenile Life Without Parole A Practical Impossibility, Erin Dunn Jan 2016

Montgomery V. Louisiana: An Attempt To Make Juvenile Life Without Parole A Practical Impossibility, Erin Dunn

Touro Law Review

No abstract provided.


"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado Jan 2016

"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado

Touro Law Review

No abstract provided.


Examining The Spanish Maysi-2 Translation Among Mexican Americans, Yolanda Denise Ochoa Jan 2016

Examining The Spanish Maysi-2 Translation Among Mexican Americans, Yolanda Denise Ochoa

Open Access Theses & Dissertations

Due to the increasing Latino population in the U.S., Spanish translations of mental health screening tools are needed to better serve Latinos, particularly those in juvenile justice settings. Screening tools are measures that flag mental health symptoms and indicate if further evaluation is needed. The most widely screening tool used in juvenile justice settings that has been translated into Spanish is the Massachusetts Youth Screening Instrument-Version 2 (MAYSI-2). To date, research has focused only on the English version of the MAYSI-2. The present study examined the equivalence of the Spanish translation of the MAYSI-2 to its English version in 18- …


Clinician Perspectives On Community Reentry For Mentally Ill Offenders In New York, Lauren C. Meath Jan 2016

Clinician Perspectives On Community Reentry For Mentally Ill Offenders In New York, Lauren C. Meath

Antioch University Dissertations & Theses

The prevalence of individuals with serious mental illness (SMI) in prisons has risen in recent years. While incarcerated, individuals with SMI face many challenges, such as difficulties with peers and staff, and potential exacerbation of mental health symptoms. These difficulties do not subside when reentering their communities upon release. These individuals encounter unique challenges upon release, such as facing the difficult task of finding mental health services and other resources, housing, and health insurance. This study aimed to gather the perspectives of clinicians who worked for the Office of Mental Health in New York State regarding community reentry for inmates …


Alcohol Outlet Density And Intimate Partner Violence In A Nonmetropolitan College Town: Accounting For Neighborhood Characteristics And Alcohol Outlet Types, Aleksandra J. Snowden Jan 2016

Alcohol Outlet Density And Intimate Partner Violence In A Nonmetropolitan College Town: Accounting For Neighborhood Characteristics And Alcohol Outlet Types, Aleksandra J. Snowden

Social and Cultural Sciences Faculty Research and Publications

There is a growing evidence of an ecological association between alcohol outlet density and intimate partner violence. It is reasonable to assume, however, that not all types of alcohol outlets contribute equally to criminal behavior, and to date, most ecological studies have been of large urban cities. Using Bloomington, Indiana, block groups as units of analysis and controlling for several structural characteristics associated with violence rates, I estimated spatially lagged regression models to determine if the variation in alcohol outlet density, including total outlets and disaggregating by on- and off-premise outlets, is related to intimate partner violence density. Results suggested …


Exploring The Institutional And Programmatic Support Systems In Writing Studies For The Non-Traditional Student In California State Universities, Cassandra Dulin Jan 2016

Exploring The Institutional And Programmatic Support Systems In Writing Studies For The Non-Traditional Student In California State Universities, Cassandra Dulin

Open Access Theses & Dissertations

This study surveys the learning characteristics of non-traditional students aged 24 years and older. Since the California State University (CSU) system enrolls a significant non-traditional student demographic, understanding the needs of this student base is a critical component to its success. This Dissertation seeks to gain a deeper understanding of the CSU system: its history in the state of California, the context of its students and their needs, the policies and support structures it has in place to support the non-traditional student, how it defines the non-traditional student and how this definition is manifested in its goals and outcomes for …


An Empirical Research Agenda For The Forensic Sciences, Jonathan J. Koehler, John B. Meixner Jr. Jan 2016

An Empirical Research Agenda For The Forensic Sciences, Jonathan J. Koehler, John B. Meixner Jr.

Scholarly Works

After the National Academy of Sciences issued a stunning report in 2009 on the unscientific state of many forensic science subfields, forensic science has undergone internal and external scrutiny that it had managed to avoid for decades. Although some reform efforts are underway, forensic science writ large has yet to embrace and settle upon an empirical research agenda that addresses knowledge gaps pertaining to the reliability of its methods. Our paper addresses this problem by proposing a preliminary set of fourteen empirical studies for the forensic sciences. Following a brief discussion of the courtroom treatment of forensic science evidence, we …


Impunity For The Incorrigible Psychopath?: Neurobiological Abnormalities Do Not Exempt Psychopaths From Criminal Responsibility, Shanée Brown Jan 2016

Impunity For The Incorrigible Psychopath?: Neurobiological Abnormalities Do Not Exempt Psychopaths From Criminal Responsibility, Shanée Brown

Scholarly Works

Current research slowly unveils the mystery of the psychopath and his or her criminal behavior. Psychopathy is a developmental disorder defined by antisocial behavior and deficits in emotional responsiveness. This disorder results in both instrumental and reactive aggression. Instrumental aggression is also referred to as predatory or proactive aggression. Elevated levels of instrumental aggression distinguish psychopathy from other psychiatric disorders. Reactive aggression occurs as an impulsive reaction to a threatening or frustrating event. Instrumental aggression, on the other hand, involves purposeful behavior to achieve a desired goal (e.g., mugging to obtain money). Calculation or willful deliberation accompanies instrumental aggression. Unlike …


Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Jan 2016

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook

Scholarly Works

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …


Securing Child Rights In Time Of Conflict, Diane Marie Amann Jan 2016

Securing Child Rights In Time Of Conflict, Diane Marie Amann

Scholarly Works

Each term in the title of this essay seems simple, yet provides much food for analytical thought. The essay thus explores: what is “conflict,” and whether there is a “time” when it is not present; who is a “child”; whether and to what extent children enjoy “rights”; and, finally, how local, national, and international regimes go about “securing” those rights. The essay – based on a talk given at the 2015 International Law Weekend in New York – concludes with a glance at a new potential avenue for child security: the Sustainable Development Goals which the U.N. General Assembly adopted …


Black Contemporary Social Movements, Resource Mobilization, And Black Musical Activism, Andrea L. Dennis Jan 2016

Black Contemporary Social Movements, Resource Mobilization, And Black Musical Activism, Andrea L. Dennis

Scholarly Works

In the last few years a grassroots social movement has emerged from the Black community. This movement aims to eliminate police and vigilante violence against Blacks nationwide. Blacks in America have long been subjected to this violence, and the issue has recently captured the country’s attention. Multiple groups are pressing for change, including Ferguson Action, Black Lives Matter, Say Her Name, and the leaderless social media effort organized by DeRay McKesson and Johnetta Elzie, to name a few. These fledgling activist groups have already experienced some success, garnering public attention and government response. As it currently stands, this nascent civil-rights …


In Defense Of The Devil’S Advocate, Lonnie T. Brown Jan 2016

In Defense Of The Devil’S Advocate, Lonnie T. Brown

Scholarly Works

mong the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who undertake morally questionable representations have a duty to explain or justify their choice of client. Specifically, in 1993 Professor Freedman penned a well-known column in the Legal Times — titled “Must You Be the Devil’s Advocate?” — in which he took Professor Michael Tigar to task for his representation of reputed Nazi war criminal John Demjanjuk. Professor Freedman tacitly criticized Professor Tigar for his client choice and expressly called upon him …


Taming The Wild West: Online Excesses, Reactions And Overreactions, Catherine J. Ross Jan 2016

Taming The Wild West: Online Excesses, Reactions And Overreactions, Catherine J. Ross

GW Law Faculty Publications & Other Works

A review essay discussing Danielle Keats Citron’s Hate Crimes in Cyberspace (Harvard University Press 2014) and Amy Adele Hasinoff’s, Sexting Panic: Rethinking Criminalization, Privacy and Consent (University of Illinois Press 2015). Both books consider the risks and harms in cyberspace, blaming of victims, and the interaction between law and online expression. Citron documents widespread hate speech, cyberstalking, revenge porn, and other speech that especially targets women online. Hasinoff, grounded in feminist and cultural studies, emphasizes the positive aspects of the agency girls who sext voluntarily display in exploring and displaying their sexuality, arguing that advising girls that control of their …


Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz Jan 2016

Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Roger Williams University Law Review

No abstract provided.


The Effect Of Victim Religion On Juror Perceptions Of Hate Crimes, Casey Magyarics Jan 2016

The Effect Of Victim Religion On Juror Perceptions Of Hate Crimes, Casey Magyarics

Theses and Dissertations--Psychology

The present study investigated mock juror perceptions of hate crimes in the courtroom, specifically whether a victim’s religion (Atheist, Christian, Jewish, or Muslim) influenced the likelihood that a mock juror would render a hate crime verdict. I employed a mock juror methodology where participants read an assault trial summary, rendered a verdict, and answered a series of rating questions about the victim and defendant. Two theoretical explanations were proposed to explain the main effect of victim religion on participant verdict decisions; that participants would be most likely to render a guilty verdict when the victim is considered an in-group member …


Pulling The Trigger On Disarming Domestic Violence Abusers: Implementing Gun Confiscation Policy In Urban And Appalachian Kentucky, Kellie R. Lynch Jan 2016

Pulling The Trigger On Disarming Domestic Violence Abusers: Implementing Gun Confiscation Policy In Urban And Appalachian Kentucky, Kellie R. Lynch

Theses and Dissertations--Psychology

The present study investigated why communities differing in culture and resources are willing and able to implement gun confiscation as part of a protective order. Specifically, this study explored whether the perceived risk of intimate partner homicide and gun violence, benefits to engaging in gun confiscation, barriers to gun confiscation, community norms about guns, and community readiness to implement gun confiscation: (a) differ in urban and rural communities, (b) are perceived differently by victim service and justice system key professionals within urban and rural communities, and (c) are related to if a community is able and willing to consistently implement …


Front Matter Jan 2016

Front Matter

SMU Science and Technology Law Review

No abstract provided.


State Bar Associations And Attorney Online Speech: Punishment Without Proper Guidance, Mary Lamar W. Nicholas Jan 2016

State Bar Associations And Attorney Online Speech: Punishment Without Proper Guidance, Mary Lamar W. Nicholas

SMU Science and Technology Law Review

No abstract provided.


Help-Seeking And Intimate Partner Violence Re-Victimization Of Sexual Minority And Heterosexual College Students, Andrew T. Schramm Jan 2016

Help-Seeking And Intimate Partner Violence Re-Victimization Of Sexual Minority And Heterosexual College Students, Andrew T. Schramm

Theses and Dissertations

Recent estimates indicate that 18.5% of heterosexual college students and 30.3% of sexual minority college students are victims of physical intimate partner violence (IPV; Edwards, Sylaska, Barry, et al., 2015). Research among adult women in oppositesex relationships has shown that once an individual is victimized by IPV she is subsequently at high risk for future IPV victimization. Re-victimization is associated with more severe physical and mental health consequences of IPV. No prior study has assessed the rate of re-victimization among sexual minority adults. Help-seeking behavior, which refers to accessing a range of sources of support (e.g., family and friends, law …


The Relation Of Exposure To Community Violence To Self- Efficacy Based On Neighborhood, Family, And School Effects In A Community Sample Of Latino-American Youth, Arie Zakaryan Jan 2016

The Relation Of Exposure To Community Violence To Self- Efficacy Based On Neighborhood, Family, And School Effects In A Community Sample Of Latino-American Youth, Arie Zakaryan

Dissertations

Community violence is considered a “public health epidemic” in the US. Latino youth and families are a burgeoning population in the United States, and many of whom live in neighborhoods exposed to community violence. Multiple contexts should be assessed identifying developmental assets youth use to adjust positively when exposed to violence. This study examines how different environmental contexts, i.e., home, school, neighborhood and acculturation, influence the relationship between exposure to community violence and self-efficacy for Latino youth. The current study uses an archival dataset of a larger longitudinal study (Project on Human Development in Chicago Neighborhoods). A confirmatory factor analysis …


Developing Prevention-Oriented Discipline Codes Of Conduct, Pamela Fenning, Miranda B. Johnson Jan 2016

Developing Prevention-Oriented Discipline Codes Of Conduct, Pamela Fenning, Miranda B. Johnson

Education: School of Education Faculty Publications and Other Works

A detailed analysis of prevention-oriented discipline in education.


Acquiring The Right To Get To The Light At The End Of The Tunnel: Rationalising Property Theory, Jonathan T. Ward Jan 2016

Acquiring The Right To Get To The Light At The End Of The Tunnel: Rationalising Property Theory, Jonathan T. Ward

The Plymouth Law and Criminal Justice Review

The framework of private property theory has come under increasing scrutiny over recent years. The orthodox bundle theory of ownership and labour principle of first acquisition has been the subject of attack and scepticism. This discussion suggests a new approach to the analysis of property, focus on synthesis rather than contrast. Further, the classic differences between Roman Law and Anglo-American common law, it is argued here, are in fact more apparent than real – their similarities reveal the basis for a universal grammar in property discourse. An examination of the contemporary property theories identifies that it is time to shift …


Female Perpetrated Domestic Abuse: A Study Exploring The Hidden Experiences Of Male Victims Through A Thematic Analysis Of Online Blogs, Louise Hall Jan 2016

Female Perpetrated Domestic Abuse: A Study Exploring The Hidden Experiences Of Male Victims Through A Thematic Analysis Of Online Blogs, Louise Hall

The Plymouth Law and Criminal Justice Review

Despite a great deal of academic literature surrounding domestic abuse in general, it is fair to suggest that the majority of research focuses on male perpetrated domestic abuse and the female victim. This therefore neglects the complexity of domestic abuse as a crime, whilst also undermining and causing further implications for the unrecognised and under researched male victim. Considering how much extensive research has been undertaken to explore female victim experiences of domestic abuse, this study sets out to explore the 'hidden' male victim. It will be evidenced through the collection and thematic analysis of eight online male victim blogs, …


An Introduction To Corporate Insolvency Law, Hamish Anderson Jan 2016

An Introduction To Corporate Insolvency Law, Hamish Anderson

The Plymouth Law and Criminal Justice Review

English law provides three forms of insolvency proceeding for companies: liquidation, administration and company voluntary arrangements. This paper begins by examining the nature and purpose of insolvency law, the concepts of insolvency and insolvency proceedings, how insolvency practice is regulated and the role of the court. It then considers the sources of the law before describing the distinguishing characteristics of liquidation, administration and company voluntary arrangements. Finally, it deals with the sanctions for malpractice, transaction avoidance and cross-border insolvency.


Plymouth Past: Sustainable Future Report On Plymouth Law School Esrc Festival Exhibition, David J. Cox Jan 2016

Plymouth Past: Sustainable Future Report On Plymouth Law School Esrc Festival Exhibition, David J. Cox

The Plymouth Law and Criminal Justice Review

No abstract provided.


Gender Fraud' Where Do We Go From Here?, Penelope Childs Jan 2016

Gender Fraud' Where Do We Go From Here?, Penelope Childs

The Plymouth Law and Criminal Justice Review

This paper outlines work in progress that examines liability for sex offences involving 'gender fraud' and asks how things might be viewed differently from a transnormative perspective. It considers vitiation of consent by active deception as to gender and by non-disclosure of gender history and asks what implications recent case law might have for the transgender community.


The Globalisation Of Law, Lord Dyson Jan 2016

The Globalisation Of Law, Lord Dyson

The Plymouth Law and Criminal Justice Review

No abstract provided.