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Lethal And Legal? The Ethics Of Drone Strikes, Shima D. Keene Dr. Dec 2015

Lethal And Legal? The Ethics Of Drone Strikes, Shima D. Keene Dr.

Books, Monographs & Collaborative Studies

While supporters claim that drone warfare is not only legal but ethical and wise, others have suggested that drones are prohibited weapons under International Humanitarian Law (IHL) because they cause, or have the effect of causing, indiscriminate killings of civilians, such as those in the vicinity of a targeted person. The main legal justification made by the Barack Obama Administration for the use of armed drones is self-defense. However, there is ambiguity as to whether this argument can justify a number of recent attacks by the United States. In order to determine the legality of armed drone strikes, other factors …

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Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii Dec 2015

Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii

Faculty Publications

This article traces the evolution of the sentencing reform debate in Congress in 2015. It summarizes and compares the six major pieces of sentencing legislation introduced in 2015. It describes the progression from con­ceptually simple, broadly applicable reforms of mandatory minimum sentences to the regime of complex and highly restrictive rules relaxing mandatory minimum sentences for a modest subset of federal defendants found in the bills that passed the Senate and House Judiciary Committees. The article summarizes some of the concerns voiced about he sentencing provisions of the various bills. Finally, it discusses the three pending bills relating to back-end …

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New Mexico - Sexual Violence Free, Theresa Cruz, Julia Meredith Hess, Leona Woelk, Samantha Bear Dec 2015

New Mexico - Sexual Violence Free, Theresa Cruz, Julia Meredith Hess, Leona Woelk, Samantha Bear

Reports & Documents

New Mexico – Sexual Violence Free: A Statewide Strategic Plan for the Primary Prevention of Sexual Violence, 2015-2020, serves as a path toward ending sexual violence in our state. It provides a framework and establishes a vision, mission, goals, and objectives for moving primary prevention forward. The plan is meant to be used by agencies, organizations, universities, community coalitions, policy-makers, prevention professionals, and other individuals interested in reducing the burden of sexual violence (SV) in New Mexico.

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Criminal Justice At The Crossroads: Transforming Crime And Punishment By William R. Kelly, Columbia University Press, 2015, Gene Guerrero Dec 2015

Criminal Justice At The Crossroads: Transforming Crime And Punishment By William R. Kelly, Columbia University Press, 2015, Gene Guerrero

Wagadu: A Journal of Transnational Women's & Gender Studies

Criminal Justice at the Crossroads: Transforming Crime and Punishment by William R. Kelly, Columbia University Press, 2015

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South Africa, Gordon A. Crews, Sara K. Green Dec 2015

South Africa, Gordon A. Crews, Sara K. Green

Criminal Justice Faculty Publications

Since the late 1990s, empirical evidence has strongly suggested a gradual increase in drug-related problems and substance abuse (illicit and prescription) in South Africa. Abuse of alcohol is still the primary issue, but other illegal drugs are a very close in any list of social ills for South Africa As in most parts of the world, issues and social problems associated with substance abuse continue to be exacerbated and perpetuated by socio-economic and developmental factors in South Africa. This issue is made worse by the fact that South Africa is one of the world’s largest producers of some illegal drugs …

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December 2015 Commencement Program, Bowling Green State University Dec 2015

December 2015 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.

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Methodological Challenges To The Study And Understanding Of Solitary Confinement, Michael P. Harrington Dec 2015

Methodological Challenges To The Study And Understanding Of Solitary Confinement, Michael P. Harrington

Journal Articles

No abstract provided.

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Innovative Ideas In Civic Engagement Across Two-Year And Four-Year Colleges, Shyam K. Sriram, Amy Atchison, Elizabeth Bennion, John Forren, Authur Sanders, John Theis Dec 2015

Innovative Ideas In Civic Engagement Across Two-Year And Four-Year Colleges, Shyam K. Sriram, Amy Atchison, Elizabeth Bennion, John Forren, Authur Sanders, John Theis

eJournal of Public Affairs

While civic engagement continues to be a buzzword in political science, there is still a lack of discussion about what practices work, and in what context. In particular, are there certain initiatives to engage that do particularly well at twoyear colleges versus larger universities? What about colleges with diverse student populations? At the 2014 annual meeting of the Midwest Political Science Association, seven scholar-teachers came together to discuss civic engagement at their respective institutions and to share ideas about what worked. Collectively, we represented a diverse group of institutions, including teaching and research universities as well as multi-campus community colleges. …

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Rethinking Janus: Preserving Primary-Participant Liability In Sec Antifraud Enforcement Actions, Greg Gaught Dec 2015

Rethinking Janus: Preserving Primary-Participant Liability In Sec Antifraud Enforcement Actions, Greg Gaught

Duke Law Journal

The Securities and Exchange Commission relies heavily on the securities laws’ antifraud provisions in fulfilling its role as watchdog of the U.S. securities markets. But the Supreme Court’s decision in Janus Capital Group, Inc. v. First Derivative Traders has frustrated the SEC’s efforts to keep fraud at bay. There the Court drastically narrowed the scope of actors who can qualify as primary participants in misrepresentations perpetrated in connection with the purchase or sale of securities under Rule 10b-5(b). This Note argues that Janus’s holding creates an incongruence in the SEC’s ability to enforce the securities laws’ misrepresentation provisions, with …

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Predicting Outcomes In Investment Treaty Arbitration, Susan D. Franck, Lindsey E. Wylie Dec 2015

Predicting Outcomes In Investment Treaty Arbitration, Susan D. Franck, Lindsey E. Wylie

Duke Law Journal

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …

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Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell Dec 2015

Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell

Master's Projects and Capstones

The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …

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Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore Dec 2015

Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore

UNLV Theses, Dissertations, Professional Papers, and Capstones

The lofty idea of equal justice for all is not the reason legal aid began in the United States. Legal aid was born from the indignation over injustices committed against the poor. Unable to afford an attorney, the poor could not effectively assert their rights within the criminal and civil justice system. Without access to justice through the courts, the extralegal activities required to defend oneself and exact justice such as personally forcing an employer to pay rightful wages, are deemed criminal in most cases. By providing legal resources to the poor, legal aid not only brought order to society …

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The Utilization Of Client-Based Service-Learning Applications In Emergency Management Graduate Curricula For The 21st Century, Thomas J. Carey Iii Dec 2015

The Utilization Of Client-Based Service-Learning Applications In Emergency Management Graduate Curricula For The 21st Century, Thomas J. Carey Iii

Education Doctoral

This qualitative case study gathered perceptions from alumni, clients, and professors to gain insight into how essential client-based service learning is to the preparedness of emergency management professionals enrolled in the Masters in Public Administration Emergency and Disaster Management program at the Metropolitan College of New York. Criteria for participant selection included employment as emergency managers, three to five years of experience in the field of emergency management, and past direct involvement in a major disaster event. Data was captured using individual in-depth interviews of 13 participants. Two focus groups were utilized: one comprised three faculty members in the role …

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Substance Use Disorders, Comorbidity, And Arrest Among Indigenous Adolescents*, Kelley J. Sittner Hartshorn, Les B. Whitbeck, Patricia Prentice Dec 2015

Substance Use Disorders, Comorbidity, And Arrest Among Indigenous Adolescents*, Kelley J. Sittner Hartshorn, Les B. Whitbeck, Patricia Prentice

Department of Sociology: Faculty Publications

Indigenous adolescents are overrepresented at multiple stages of the justice system, but we know very little about the role that mental health, particularly substance use disorder, plays in Indigenous pathways to arrest. This study examined the association between substance use disorder, its comorbidity with other disorders, and arrest using a longitudinal sample of Indigenous youth from the Northern Midwest and Canada. Of the 16% of youth who reported at least one arrest at Wave 5, half met criteria for substance abuse/dependence, and slightly more for conduct disorder. Substance abuse/dependence and conduct disorder were each associated with an increased risk of …

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Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman Dec 2015

Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman

Faculty Scholarship

Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant’s race from police dossiers shared …

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The War On Drugs: An Analysis Of The Rhetoric According To Richard Weaver’S Theory Of Ultimate Terms, Cristina Peniche Dec 2015

The War On Drugs: An Analysis Of The Rhetoric According To Richard Weaver’S Theory Of Ultimate Terms, Cristina Peniche

Masters Theses

The language associated with President Nixon’s ‘war on drugs’ has sparked considerable debate in the political struggle against narcotics' abuse and crime, as well as within scholarly research. There is a language associated with the debate and it reflects the primary considerations of policy makers- economics, criminal behavior, and morality. The present study discusses these qualities as well as the rhetorical ideas of Richard Weaver, specifically his theory of ultimate terms. Then, discussions within research show the discontent that scholars bear towards narcotics'-related language. Specifically, there is concern that the rhetoric may stigmatize certain populations and hinder better outcomes. As …

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Predictors Of Texas Police Chiefs’ Satisfaction With Police-Prosecutor Relationships, Brenda I. Rowe Dec 2015

Predictors Of Texas Police Chiefs’ Satisfaction With Police-Prosecutor Relationships, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

Although strain in police-prosecutor relationships may be built into the criminal justice system’s checks and balances, the administration of criminal justice can benefit from the adoption of practices which improve these working relationships. A first step towards the adoption of such practices can be taken by first adding to the knowledge base regarding this understudied topic. Using a survey of a state-wide sample of Texas police chiefs, this exploratory study identifies which aspects of police-prosecutor interaction styles are predictors of police chiefs’ satisfaction with police-prosecutor relationships. Results indicate that perceived level of police input in prosecutors’ plea bargain and charging …

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Criminal Law Act Is Useful — But Handle With Care, Tan K. B. Eugene Dec 2015

Criminal Law Act Is Useful — But Handle With Care, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a significant decision last week, Singapore’s highest court ruled that alleged global football match-fixer Dan Tan Seet Eng’s preventive detention was unlawful. His detention went beyond the scope of discretionary power vested in the Minister for Home Affairs under the Criminal Law (Temporary Provisions) Act (CLTPA). The court’s ruling drew criticisms from a former Interpol chief and, ironically, FIFA, football’s graft-ridden governing body.

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Why Ban "Assault Weapons"?, James B. Jacobs Dec 2015

Why Ban "Assault Weapons"?, James B. Jacobs

Cardozo Law Review

No abstract provided.

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Taxing Legalized Marijuana: How Courts Should Treat Drug Tax Statutes In Light Of The Fifth Amendment's Self-Incrimination Clause And Executive Non-Enforcement Of The Controlled Substances Act, Joseph A. Goldstein Dec 2015

Taxing Legalized Marijuana: How Courts Should Treat Drug Tax Statutes In Light Of The Fifth Amendment's Self-Incrimination Clause And Executive Non-Enforcement Of The Controlled Substances Act, Joseph A. Goldstein

Cardozo Law Review

No abstract provided.

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High Resolution Melt Analysis Of Samples With Differential Dna Methylation To Identify Tissue Source Of Origin, Stephanie M. Ledgerwood Dec 2015

High Resolution Melt Analysis Of Samples With Differential Dna Methylation To Identify Tissue Source Of Origin, Stephanie M. Ledgerwood

Master's Theses

In Forensic Science casework, identifying the source of a tissue can assist in crime scene reconstruction. Currently, presumptive testing methods to identify tissue type are utilized in crime scene laboratories, but there is a need for a more reliable confirmatory test for tissue type identification. High Resolution Melt (HRM) analysis is an innovative technology that has the potential to determine tissue types through variations in DNA methylation patterns. Recently, DNA methylation patterns have been found to correspond with specific tissue types in particular regions of DNA. Two markers, B_SPTB_03 and DDX4 have been effective in differentiating sperm from other tissue …

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Synchronizing Oral History Text And Speech: A Tools Overview, Robin Camille Davis Dec 2015

Synchronizing Oral History Text And Speech: A Tools Overview, Robin Camille Davis

Publications and Research

This article explores three tools that synchronize sound and text for online oral history collections: the Oral History Metadata Synchronizer (OHMS), the Text Encoding Initiative (TEI), and YouTube. A detailed description and examples are given for each. Integrating audio/video recordings and transcripts enables searching and browsing, making oral histories more accessible and approachable.

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Tracking Enforcement Rates In New York City, 2003-2014. Report Presented To The Citizens Crime Commission., Preeti Chauhan, T. C. Warner, A. G. Fera, E. Balazon, O. Lu, M. Welsh, Jeremy Travis Dec 2015

Tracking Enforcement Rates In New York City, 2003-2014. Report Presented To The Citizens Crime Commission., Preeti Chauhan, T. C. Warner, A. G. Fera, E. Balazon, O. Lu, M. Welsh, Jeremy Travis

Publications and Research

"Our first report documented misdemeanor arrests in New York City and compared those trends to Upstate Cities in New York State (i.e., Albany, Buffalo, Rochester, Syracuse, and Yonkers) and the rest of New York State for over three decades. The first report, entitled Trends in Misdemeanor Arrests in New York, examined not only arrest rates but also examined charges, dispositions, and sentences. Our second report was entitled The Summons Report : Trends in the Issuance and Disposition of Summonses in New York City, 2003-2014. This report examined trends in issuance patterns by age and gender, charges, dispositions, and sentences. Similar …

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Social Justice Education With Law Enforcement: Reflections From The Field, Amie Thurber Dec 2015

Social Justice Education With Law Enforcement: Reflections From The Field, Amie Thurber

School of Social Work Faculty Publications and Presentations

The systemic racism embedded in and embodied by law enforcement has resulted in nationwide protests, sparking a call to action that has particular resonance and urgency for social justice educators. While the need for transformed education of police officers is critical, educators may ask: What pedagogic tools are most effective in police departments? How might educators respond to officers’ resistance to learning about inequality? And what obstacles might educators have to overcome in order to do this work? In this case study, I draw from 11 years of experience providing consulting and training to a city police department, sharing key …

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The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk Nov 2015

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …

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You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor Nov 2015

You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor

Pace Law Review

Part I of this article briefly explores the background and historical context that ultimately led to the Miranda decision. As the late Dr. Carl Sagan once said, “you have to know the past to understand the present.” Understanding the circumstances and cases leading up to Miranda helps in the overall application of Miranda to cases of today. Part II addresses whether a statement should be allowed into evidence and provides a practical working approach to conduct a Miranda analysis. This innovative approach provides a step-by-step process in determining the admissibility of statements pursuant to Miranda and its progeny. This process …

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Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals, Tim Bakken Nov 2015

Dodd-Frank’S Extension Of Criminal Corporate Liability Through The Foreign Corrupt Practices Act: Enabling Whistleblowers And Monitoring Conflict Minerals, Tim Bakken

Pace Law Review

In a sense, through its whistleblower provision, the Dodd-Frank Act has enabled the government to use corporate employee whistleblowers to support criminal prosecutions. That position finds agreement in this article, but the conclusion reached is that the results to be obtained from the whistleblower provision will be positive. Through an analysis of the Dodd-Frank Act, this article discusses further the new reach of the FCPA, particularly in light of the whistleblower and conflict-minerals provisions in the Dodd-Frank Act. Finally, this article concludes that although the new provisions can be costly, the provisions are beneficial. The traditional corporate model is now …

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Plea Bargaining As Dialogue, Rinat Kitai-Sangero Nov 2015

Plea Bargaining As Dialogue, Rinat Kitai-Sangero

Akron Law Review

This Article proposes turning plea bargaining into a dialogical process, which would result in lessening a defendant’s sense of alienation during the progress of the criminal justice procedure. This Article argues that plea bargaining constitutes an opportunity to circumvent restrictions existing during a trial or outside a trial, such as the inadmissibility of character evidence and the need for the victim's consent in restorative justice proceedings. This Article proposes to navigate the plea bargaining process in a way that creates a real dialogue with defendants. Such a dialogue can reduce the sense of alienation that defendants feel from their position …

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Liberty At The Borders Of Private Law, Donald J. Smythe Nov 2015

Liberty At The Borders Of Private Law, Donald J. Smythe

Akron Law Review

Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State’s powers of coercion might be abused. There is, not surprisingly, therefore, a wide range of literature on the relationship between law and liberty, but most of it focuses on the relationship between public law and liberty. This Article focuses on the relationship between private law and liberty. Private laws are enforced by courts. Since the judiciary …

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Grand Valley Forum, Volume 040, Number 14, November 30, 2015, Grand Valley State University Nov 2015

Grand Valley Forum, Volume 040, Number 14, November 30, 2015, Grand Valley State University

2015-2016, Volume 40

Grand Valley Forum is Grand Valley State's faculty and staff newsletter, published from 1976 to the present.

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