Digital Commons Network^™

Why Plea Bargains Are Not Confessions, Brandon L. Garrett

Faculty Scholarship

Is a plea bargain a type of confession? Plea bargaining is often justified as, at its core, a process involving in-court confession. The U.S. Supreme Court's early decisions approved plea bargains as something "more than a confession which admits that the accused did various acts. " I argue in this Article that plea bargains are not confessions-they do not even typically involve detailed admissions of guilt. The defendant generally admits to acts satisfying elements of the crime--a legally sufficient admission to be sure, but often not under oath, and often not supported by any extensive factual record. Because plea bargains …

Local, State, And Federal Responses To Stalking: Are Anti-Stalking Laws Effective?, Tracey Carter

Law Faculty Scholarship

Statistics show that there are currently 7.5 million victims of stalking in the United States each year. The year 2014 commemorated the 20th Anniversary since passage of the federal Violence Against Women Act of 1994 (“VAWA”) that was signed by President Bill Clinton on September 13, 1994. Passage of this Act marked a key transformation in our nation’s response to the crimes of domestic violence, sexual assault, and stalking. The VAWA was established to promote “collaboration among law enforcement, health care providers, nonprofit service groups, community leaders, and the private sector” to combat these crimes. In fact, the VAWA was …

Neuroscience And Behavioral Genetics In Us Criminal Law: An Empirical Analysis, Nita A. Farahany

Faculty Scholarship

The goal of this study was to examine the growing use of neurological and behavioral genetic evidence by criminal defendants in US criminal law. Judicial opinions issued between 2005–12 that discussed the use of neuroscience or behavioral genetics by criminal defendants were identified, coded and analysed. Yet, criminal defendants are increasingly introducing such evidence to challenge defendants’ competency, the effectiveness of defense counsel at trial, and to mitigate punishment.

Internal Investigations And The Evolving Fate Of Privilege, Lucian E. Dervan

Law Faculty Scholarship

In 1981, the United States Supreme Court delivered a landmark ruling in Upjohn Co. v. United States. The decision made clear that the protections afforded by the attorney-client privilege apply to internal corporate investigations. This piece examines the fundamental tenets of Upjohn, discusses some recent challenges to the applicability of privilege to materials gathered during internal investigations, and considers the manner in which the international nature of modern internal investigations adds complexity and uncertainty to the field.

Voices On Innocence, Lucian E. Dervan, Richard A. Leo, Meghan J. Ryan, Valena Elizabeth Beety, Gregory M. Gilchrist, William W. Berry

Law Faculty Scholarship

In the summer of 2015, experts gathered from around the country to sit together and discuss one of the most pressing and important issues facing the American criminal justice system – innocence. Innocence is an issue that pervades various areas of research and influences numerous topics of discussion. What does innocence mean, particularly in a system that differentiates between innocence and acquittal at sentencing? What is the impact of innocence during plea bargaining? How should we respond to growing numbers of exonerations? What forces lead to the incarceration of innocents? Has an innocent person been put to death and, if …

Intercultural Legal Sensibility As Transformation, Raquel Aldana

McGeorge School of Law Scholarly Articles

In recent years the transformation of legal practice through globalization and shifting demographics in the United States have made the inherent cross-cultural nature of lawyering more apparent. As a result, law schools are being more intentional about the teaching of intercultural legal sensibility as part of the law school curriculum. This increased interest by U.S. law schools to train lawyers in intercultural legal sensibility calls for careful engagement by legal educators to define what intercultural legal sensibility should mean, to develop methodologies in response to the desired outcomes, and to measure their effectiveness. This article offers a reflection on what …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 22, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Dirty Laws: A Critique Of The Audiovisual Media Services Regulations 2014 And Section 63 Of The Criminal Justice And Immigration Act 2008, Daniel Haley

Cardozo Journal of Equal Rights & Social Justice

The United Kingdom's recently enacted anti-pornography laws, the Audiovisual Media Services Regulations 2014 and section 63 of the Criminal Justice and Immigration Act 2008, are inconsistent with the European Convention on Human Rights, United Kingdom case law, and United Kingdom public policy. The Audiovisual Media Services Regulations 2014, which bans the sale of a wide array of domestically produced pornography, and the Criminal Justice and Immigration Act 2008, which criminalizes the possession of "extreme pornography, " are among the most restrictive anti-pornography laws in the democratic world. These laws were passed in response to the rise of the Internet, which …

Cutting Female Genital Mutilation From The United States: A European-Influenced Proposal To Alter State And Federal Legal Responses When Affording Relief To Somali Victims In Minnesota, Pooja Shah

Cardozo Journal of Equal Rights & Social Justice

The note advocates for a comprehensive legal and public health approach to combat Female Genital Mutilation (FGM) in the United States, particularly focusing on Somali immigrants in Minnesota. It highlights the inadequacies of current federal and state laws in addressing FGM and proposes a new legislative framework inspired by European models to strengthen penalties, improve enforcement, and raise awareness.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Limited Right To Be Forgotten To Protect The Privacy Rights Of Juvenile Offenders, Danyaw Chen

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of a right to be forgotten for juvenile offenders in the U.S., inspired by the EU's approach, to protect their privacy and future prospects in the digital age. It critiques the U.S. system for inadequate protection of juvenile privacy and proposes a mechanism to remove certain search results related to juvenile offenses, while addressing constitutional challenges and balancing privacy rights with free speech.

Parental Kidnapping: An Epidemic That Is Escalating, Michael Samson

Cardozo Journal of Equal Rights & Social Justice

The note examines the complex legal and emotional challenges surrounding international parental child abduction, emphasizing the limitations of existing legal frameworks like The Hague Convention and the need for a more comprehensive approach to address this growing issue. It highlights the psychological and jurisdictional complexities involved, particularly when countries like China and Russia are not signatories to the Convention. The analysis advocates for stronger enforcement mechanisms, international cooperation, and preventive measures to protect children and families affected by such abductions.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Teaching Human Rights: Confronting The Contradictions, John L. Hammond

Publications and Research

No abstract provided.

Racial Profiling: A Persistent Civil Rights Challenge Even In The Twenty-First Century, Ronnie A. Dunn

Case Western Reserve Law Review

This article examines the existence of racial profiling in traffic ticketing data.

Black Feminist Discourse Analysis Of Portrayals Of Gender Violence Against Black Women: A Social Work Dissertation, Avina Ross

Theses and Dissertations

This study explored media discourse of gender violence against Black women in Black contemporary films. Four Tyler Perry films were examined using a novel, qualitative and analytical framework: Black Feminist Discourse Analysis. Discourses that were studied include, but were not limited to: portrayals of gender violence and victims, character dispositions and interactions, stereotypes, relationship dynamics as well as portrayals of race, gender, sexuality and religion. The use of new and existing controlling images based on systems of race, gender, sexuality and religion were revealed in a transitional and systemic model. Common themes across the films are provided. This research closes …

The Role Of Procedural Justice Within Police-Citizen Contacts In Explaining Citizen Behaviors And Other Outcomes, Shana M. Mell

Theses and Dissertations

American policing is shaped by an array of challenges. Police are expected to address crime and engage the community, yet police are held to higher expectations of accountability, effectiveness, and efficiency than ever before. Police legitimacy is the ability of the police to exercise their authority in the course of maintaining order, resolving conflicts, and solving problems (PERF, 2014). The procedural justice and police legitimacy literature suggest that by exhibiting procedurally just behaviors within police-citizen encounters, officers are considered legitimate by the public (PERF, 2014; Tyler, 2004, Tyler & Jackson, 2012).

This study examines procedural justice through systematic observations of …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

A Legal-Conceptual Framework For The School-To-Prison Pipeline: Fewer Opportunities For Rehabilitation For Public School Students, Brian J. Fahey

Nebraska Law Review

I. Introduction

II. Three Models for Regulating Juvenile Conduct ... A. The Criminal Punishment Model ... 1. Rights Attendant to the Criminal Punishment Model ... 2. A Framework for Recognizing Criminal Punishment ... B. The Juvenile Justice Model ... 1. Rehabilitative Beginnings ... 2. Recognizing Due Process Rights in Juvenile Justice ... 3. A Retributive Renaissance in Juvenile Courts ... C. The School Discipline Model ... 1. Sparse Constitutional Origins ... 2. Students’ Rights and Punishment in Schools ... a. Goss v. Lopez ... b. Ingraham v. Wright ... 3. What Goss and Ingraham Tell Us about Students’ Rights in …

Restoring The Civil Jury In A World Without Trials, Dmitry Bam

Nebraska Law Review

Early in this nation’s history, the civil jury was the most important institutional check on biased and corrupt judges. Recently, concerns about judicial bias, especially in elected state judiciaries, have intensified as new studies demonstrate the extent of that bias. But the jury of Hamilton, Madison, and Jefferson is nowhere to be found. In fact, the civil jury is virtually dead. It is used in less than 1% of all civil cases, and even when it makes a rare appearance, the jury’s powers have been significantly curtailed. This Article argues that we must reimagine the civil jury to match the …

Manipulative Emotional Behaviour And Delinquency: Sex Differences And Links To Emotional Intelligence., Alison M. Bacon, Lisa Regan

School of Psychology

Trait emotional intelligence (EI) encompasses high levels of emotional understanding and is generally associated with positive outcomes. However research has suggested that high EI might predispose some young females to delinquency. The present study investigated whether this relationship can be accounted for by a tendency towards emotionally manipulative behaviours, facilitated by high EI. Two hundred and fifty two young adults (125 female) completed measures of EI, Machiavellianism, managing the emotions of others (MEOS) and self-reported delinquent behaviour. High EI females presented higher levels of delinquency, Machiavellian Tactics and morality, the supposedly prosocial MEOS behaviours enhancing and diverting and the non-prosocial …

Hip Hop, The Law, And The Commodified Gangsta, Akilah N. Folami

Hofstra Law Faculty Scholarship

No abstract provided.

Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases, Joann M. Sahl

Akron Law Faculty Publications

Domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. When a domestic violence incident occurs, the press regularly reports it. Highlighted in these articles is the name of the perpetrator. Perpetrators identified as committing an act of domestic violence face public outrage, contempt, and stigma. This is particularly true if a court determines that the act of domestic violence necessitates a civil protection order (CPO) that bars the perpetrator from having any contact with the victim. Nearly 1.2 million people receive a CPO each year. More people use this civil remedy than those …

Absurdity And Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Part 3: Prisons And Prisoners: The Virginia Way And The Alternatives, Center For Economic Analysis And Policy, Old Dominion University

State of the Region Reports: Hampton Roads

Virginia imprisons large numbers of people; this is expensive. Economic analysis suggests that we would save money if we did not imprison so many people, redefined what constitutes a felony and gave more attention to preparing prisoners for re-entry into society.

Life In Hampton Roads Survey Press Release #1: Regional, City, And Neighborhood Quality Of Life, Social Science Research Center, Old Dominion University

Life in Hampton Roads Survey Report

[Introductory paragraph]

The Old Dominion University Social Science Research Center is proud to release the first part of the 2016 Life in Hampton Roads (LIHR) Survey Report. LIHR has been conducted by the Social Science Research Center with support from the Old Dominion University Office of Research and the College of Arts and Letters since 2010 and is now in its seventh year. Release #1 focuses on regional quality of life indicators. Data from prior years is also provided when available to show comparisons in responses over time. Responses were weighted by city population, race, age, gender, and phone usage …

Life In Hampton Roads Survey Press Release #3: Health And Education, Social Science Research Center, Old Dominion University

Life in Hampton Roads Survey Report

This report examines regional and sub-regional measures of health and education perceptions from the 2016 Life In Hampton Roads survey (LIHR 2016) conducted by the Old Dominion University Social Science Research Center. Data from prior years is also provided when available to show comparisons in responses over time. Responses were weighted by city population, race, age, gender, and phone usage (cell versus land-line) to be representative of the Hampton Roads region.

Life In Hampton Roads Survey Press Release #4: Transportation, Social Science Research Center, Old Dominion University

Life in Hampton Roads Survey Report

This report examines regional perceptions of transportation related issues from the 2016 Life In Hampton Roads survey (LIHR 2016) conducted by the Old Dominion University Social Science Research Center. Data from prior years is also provided when available to show comparisons in responses over time. Responses were weighted by city population, race, age, gender, and phone usage (cell versus land-line) to be representative of the Hampton Roads region.

The Sea Is Rising… But Not Onto The Policy Agenda: A Multiple Streams Approach To Understanding Sea Level Rise Policies, Juita-Elena (Wie) Yusuf, Katharine Neill, Burton St. John Iii, Ivan K. Ash, Kaitrin Mahar

School of Public Service Faculty Publications

There has been little policy effort to address sea level rise in coastal states in the US. It is important to examine, at the state level, how the multitude of different (and changing) actors with different preferences and perspectives contribute to such inertia. This study examines state-level legislative inaction with regards to sea level rise. Using Kingdon's multiple streams framework, we draw a picture of the policy landscape in Virginia as one where the problem of sea level rise is perceived as a low priority, with little consensus on achievable policy solutions, and is politically controversial. We find that policy …