Digital Commons Network^™

Confronting The Carceral State, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Accountability Gap: Autonomous Weapon Systems And Modes Of Responsibility In International Law, Thompson Chengeta

Denver Journal of International Law & Policy

No abstract provided.

Fasd, Verbal Comprehension And Maladaptive Behavior, Anthony Brian Athmann

Theses and Dissertations

A Fetal Alcohol Spectrum Diagnosis is comprised of various levels of physical

dysmorphia and behavioral and cognitive dysfunctions. Early identification and diagnosis is difficult, requires specially trained practitioners and often results in the delay of receiving necessary services. This is particularly true for those individuals living in

underserved rural areas. However, screening children with commonly used assessment

tools may help to more quickly identify children who have been prenatally exposed to

alcohol. The purpose of the present study was to contribute to the development of a

neurobehavioral profile of alcohol-exposed children through examining if relationship

exists between verbal comprehension deficits …

Science, Technology, Engineering, Math (Stem) In Higher Education From The Perspective Of Female Students: An Institutional Ethnography, Laura Parson

Theses and Dissertations

A persistent disadvantage for females is systemically embedded in Science, Technology, Engineering, and Math (STEM) education in postsecondary institutions. As a result, undergraduate women majoring in STEM fields face a uniquely difficult path; yet, for the most part, recommendations made and supported in the literature have focused on recruitment of women to STEM fields or on ways to make women more successful and comfortable in their STEM major. These recommendations have so far proved to be insufficient to remedy a gender gap and serve to replicate the existing male hierarchy. In order to truly make the STEM classroom one in …

Going Public: How The Government Assumed The Authority To Prosecute In The Southern United States, Jason Twede

Theses and Dissertations

This research explores factors that may have influenced the transition from private prosecution to public prosecution in Georgia during the late-eighteenth century—a transition that eventually happened in every jurisdiction in the United States. There are numerous people, both inside and outside academia, who are calling for a change to the current system of prosecution in the United States. One possible change that is being advocated is a return to a system of private prosecution. Understanding the reasons the system changed from a system of private prosecution in the first instance is important when determining whether such a return is appropriate. …

Personality Disorder Trait Mediation Of Childhood Abuse Effects On Internalized And Externalized Symptoms Of Distress, Amy Catherine Veith

Theses and Dissertations

The current study explored the relationships between childhood maltreatment indicators and mental health symptomatology in adulthood. Based on previous research, it was hypothesized that the indirect effects of child abuse on symptom expression as mediated by personality traits would be substantial and possibly larger than the direct effects alone. Additional abuse by trait interactions were examined. Results supported these hypotheses, specifically, the PID-5 trait factors were successful in accounting for a disproportionate amount of the variance in the criterion measures. These traits were substantially stronger than childhood physical abuse and domestic violence exposure. Childhood sexual abuse also outperformed childhood physical …

Anomie In The Oil Patch? An Examination Of Durkheim’S Anomie Theory Through A Case Study Of The Bakken Region, Fred Matthew Jones

Theses and Dissertations

Emile Durkheim serves as one of the seminal contributors to the field of sociology; his contributions to criminology are numerous as well. Many authors consider Durkheim’s concept of anomie to be his most important contribution to the field of criminology (Lunden, 1972). Durkheim’s anomie theory has been subject to extensive empirical examination, these efforts have resulted in disparate findings. Graeff and Mehlkop (2007) insist this lack of coherence is due to improper operationalization of Durkheim’s anomie by some researchers. In particular, it is the utilization of cross sectional data in these previous studies which contributes to these disparate results. The …

Street Stops And Police Legitimacy In New York, Jeffrey Fagan, Tom Tyler, Tracey L. Meares

Faculty Scholarship

Police-initiated citizen encounters in American cities often are non-neutral events. Encounters range from routine traffic stops to police interdiction of pedestrians during their everyday movements through both residential and commercial areas to aggressive enforcement of social disorder offenses. As a crime detection and control strategy central to the “new policing,” these encounters often are unproductive and inefficient. They rarely result in arrest or seizure of contraband, and often provoke ill will between citizens and legal authorities that discourages citizen cooperation with police and compliance with law. In this chapter, we describe the range of potentially adverse reactions or harms that …

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.

Book Review: The Corporate Criminal: Why Corporations Must Be Abolished By Steve Tombs And David Whyte, Joan Brockman

Osgoode Hall Law Journal

This is a book review of The Corporate Criminal: Why Corporations Must Be Abolished by Steve Tombs and David Whyte

Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver

Osgoode Hall Law Journal

In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to meaningful review over the conditions of their detention. In this paper, the authors argue that the decision has broad implications for provincial civil commitment regimes across the country. In particular, the Court’s analogy to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty involved in civil commitments. An expanded role for civil review tribunals may be required, including …

Fmri And Lie Detection, Anthony D. Wagner, Richard J. Bonnie, Bj Casey, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim Taylor-Thompson, Gideon Yaffe

Faculty Scholarship

Some studies have reported the ability to detect lies, with a high degree of accuracy, by analyzing brain data acquired using functional magnetic resonance imaging (fMRI). But is this new technology ready for its day in court?

This consensus knowledge brief from the MacArthur Foundation Research Network on Law and Neuroscience takes a closer look at the potential and pitfalls of fMRI lie detection techniques, providing insight into the areas of the brain involved in lying, the impact of memory on deception, how countermeasures may foil our efforts to detect lies, and factors that can create cause for concern about …

The New Public, Sarah Seo

Faculty Scholarship

By exploring the intertwined histories of the automobile, policing, criminal procedure, and the administrative state in the twentieth-century United States, this Essay argues that the growth of the police’s discretionary authority had its roots in the governance of an automotive society. To tell this history and the proliferation of procedural rights that developed as a solution to abuses of police discretion, this Essay examines the life and oeuvre of Charles Reich, an administrative-law expert in the 1960s who wrote about his own encounters with the police, particularly in his car. The Essay concludes that, in light of this regulatory history …

#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor

Faculty Scholarship

Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …

Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi

Faculty Scholarship

A central question in the literature on customary international law (CIL) goes to method: what is the proper method for “finding” CIL – that is, for determining that particular norms qualify as CIL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to …

Learning To Counter Mass Incarceration, Brett Dignam

Faculty Scholarship

Limited access to education inside American prisons imposes a devastating condition of confinement that cripples both the offender and the community. The prolonged and empty time that characterizes prison today affords little mental stimulation, productive engagement, or preparation for post-release employment. Recent research and analysis has found that education during incarceration correlates with lower rates of recidivism and increases the likelihood and quality of post-release employment. There is a pronounced racially disparate dimension to these effects that are concentrated in communities where investment by the criminal justice system is extraordinarily high. Failure to provide education and the resulting higher rates …

A Meta-Architecture Analysis For A Coevolved System-Of-Systems, George Anthony Muller Iv

Masters Theses

"Modern engineered systems are becoming increasingly complex. This is driven in part by an increase in the use of systems-of-systems and network-centric concepts to improve system performance. The growth of systems-of-systems allows stakeholders to achieve improved performance, but also presents new challenges due to increased complexity. These challenges include managing the integration of asynchronously developed systems and assessing SoS performance in uncertain environments.

Many modern systems-of-systems must adapt to operating environment changes to maintain or improve performance. Coevolution is the result of the system and the environment adapting to changes in each other to obtain a performance advantage. The complexity …

Truth, And Nothing But The Truth, About Colorado's Death Penalty, Sam Kamin, Justin Marceau

Denver Law Review

No abstract provided.

The Claire Davis School Safety Act: Why Threat Assessments In Schools Will Not Help Colorado, Haley Direnzo

Denver Law Review

No abstract provided.

Vol. 94, No. 1: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Seeking Clemency For Inmates Serving Outdated Sentences, Janeanne Murray

Articles

No abstract provided.

Can’T Count Or Won’T Count? Embedding Quantitative Methods In Substantive Sociology Curricula: A Quasi-Experiment, Malcolm Williams, Luke Sloan, Sin Yi Cheung, Carole Sutton, Sebastian Stevens, Libby Runham

Peninsula Medical School

This paper reports on a quasi-experiment in which quantitative methods (QM) are embedded within a substantive sociology module. Through measuring student attitudes before and after the intervention alongside control group comparisons, we illustrate the impact that embedding has on the student experience. Our findings are complex and even contradictory. Whilst the experimental group were less likely to be distrustful of statistics and appreciate how QM inform social research, they were also less confident about their statistical abilities, suggesting that through ‘doing’ quantitative sociology the experimental group are exposed to the intricacies of method and their optimism about their own abilities …

‘Child Friendly’ International Human Rights Standards And Youth Offending Team Partnerships, P Gray

School of Law, Humanities and Social Sciences

No abstract provided.

The Social, Relational And Mental Health Characteristics Of Justice-Involved Men In The South-West England, Alexandros Georgiadis, Richard Byng, Ross Coomber, Cath Quinn

Peninsula Medical School

No abstract provided.

Baghdad’S Thirdspace: Between Liminality, Anti-Structures And Territorial Mappings, Sana Murrani

School of Art, Design and Architecture

Wedged in-between the dense urban grain of Baghdad, blast walls of t-shaped concrete have littered the streets and neighbourhoods since 2003, after the US led invasion. The idiosyncrasy of these walls lies in their exaggerated spatial liminality. They appear, change location and disappear overnight, and on a daily basis, leaving Iraqis to navigate through labyrinths of in-between spaces. This article critically reveals the new social and power structures that have emerged in the context of the city in response to the condition resulting from this unique urban intervention. This uncanny spatial and social condition of permanent liminality will be analysed …

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.

Scholarworks Statistics - January Through December 2015, Scholarworks

ScholarWorks Reports

During 2015, ScholarWorks recorded a total of 339,066 full-text and additional file downloads and 144,173 page views.

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.

Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar

The University of Notre Dame Australia Law Review

The issue of racism is one that is covered by both international treaties and domestic legislation. Most major sports, however, now have internal regulations, usually reflecting the treaties and legislation. Case studies from Australian, English and European sport, in particular, football, basketball, cricket and rugby league, indicate that the internal regulations have been effective in dealing with racism issues in those sports. The issues have involved players, managers, coaches, owners, officials and spectators, with the latter representing the main problem area for sport. The reasons for this are that it can be harder to identify the culprits and there is …

From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt

The University of Notre Dame Australia Law Review

This article examines the relationship between just war theory and the modern principle of responsibility to protect (R2P). In the absence of the principle’s clear use as a justification for the use of force, this article considers two situations which prompted debate about the applicability of the principle - the UN Security Council authorised no-fly-zone in Libya in 2011 and the decision not to use force in Syria in 2012. The article’s core message is that the debates about R2P suggest that rather than view R2P as a ‘new’ principle of international law, it should be viewed as a modern …