Digital Commons Network^™

Canadian Constitutional Identities, Eric M. Adams

Dalhousie Law Journal

Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …

Criminal Law And The Counter-Hegemonic Potential Of Harm Reduction, Alana Klein

Dalhousie Law Journal

Harm reduction approaches to drug use have been lauded for saving lives, being cost-effective, elevating pragmatism over prohibitionist ideology, being flexible in tailoring responses to the problem, and for their counter-hegemonic potential to empower people who use drugs. This article examines the legal systems engagement with harm reduction, and, in particular,recent cases that incorporate harm reduction s focus on empirical evidence in policy making into Canadian constitutional rights jurisprudence. It argues that harm reduction approaches in this venue may hold promise as a bulwark against some of the marginalizing features of traditional criminaljustice approaches. However, the article also warns of …

Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks

Dalhousie Law Journal

For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …

Identifying Pathways To And Experiences Of Street Involvementthrough Case Law, Suzanne Bouclin

Dalhousie Law Journal

This research explores what can be learned about the experiences of streetinvolved people by reading cases that deal with people characterized on the record as "homeless." The author builds on existing empirical research by reading a large body of cases to discuss pathways to and experiences of street involvement. She proceeds to more closely explore cases regarding people (1) who are identified in the cases as homeless, and (2) find themselves before the courts for having engaged in income generating activities. The author argues that cases constitute knowledge about street involvement in ways that may take us beyond what we …

Dedication: In Memoriam Of Professor Sheri Rosenberg

Cardozo Journal of International and Comparative Law

Volume 24, Issue 1 of the Cardozo Journal of International and Comparative Law is dedicated to the life and memory of Professor Sheri Rosenberg.

Should Prosecutors Blog, Post, Or Tweet?: The Need For New Restraints In Light Of Social Media, Emily Anne Vance

Fordham Law Review

    Prosecutors' extrajudicial speech is not a new problem. Indeed, prosecutors' out-of-court statements to the press and the public at large have been of concern for over a century. Consequently, ethical rules and standards have been implemented to protect defendants from undue reputational harm and to strike a balance between trial participants' right to free speech and defendants' right to due process. Although these rules and standards are periodically revised, they have not yet accounted for the differences between traditional media-for which the rules and standards were written-and social media. Recently, however, prosecutors have used social media to discuss pending cases …

America’S Evolution Of Women And Their Roles In The Intelligence Community, Amy J. Martin

Journal of Strategic Security

The role of women in the Intelligence Community has evolved over time and captures the use of their skills to further assist, perpetuate, and lead intelligence operations globally. This paper serves as a historical overview of some of the techniques of the early female spies and highlights the successes of the modern woman’s contributions to the intelligence mission. Emerging female operations officers often face obstacles: dealing with bias within the bureaucracy, issues of female equality within certain cultures, and experiencing slower rates of promotion. This has meant a lack of females in competitive leadership positions. Female mentors and former intelligence …

Developing A Better Understanding Of The Personal Dimensions Of Working At The Central Intelligence Agency, Hector J. Escobar Iii

Journal of Strategic Security

Working at the Central Intelligence Agency (CIA) is shrouded in mystery. Film, television and fictional spy stories are often the leading sources of information that allow the general public insight into the “spy world.” These often inaccurate depictions not only cause careers at the CIA to be misunderstood, but also create false perceptions of the employees of the CIA. Because of this, the general public—including those interested in pursuing a career within the CIA—is not presented with an accurate view of the personal aspects regarding motives, perceptions, and costs related to working at the CIA. In order to aid those …

Utrgv Commencement – Fall 2015, The University Of Texas Rio Grande Valley

UTRGV Commencement Programs

No abstract provided.

Young, Ralph, Msrc Staff

Manuscript Division Finding Aids

Title: Papers, 1902-1970s Description: 6 linear ft. Notes: Afro-American physician and civil rights leader, of Baltimore, Md. Personal and family papers, correspondence, biographical materials, awards and certificates, writings, and photographs relating to Young's medical and civic work on behalf of Afro-Americans in the East Baltimore community. Includes materials relating to segregation in medicine, education, and recreation. Gift of Lois Young, 1975. Subjects: Afro-American civil rights workers -- Maryland -- Baltimore. lcsh Afro-American physicians -- Maryland -- Baltimore. lcsh Afro-Americans -- Civil rights -- Maryland -- Baltimore. Afro-Americans -- Education -- Maryland -- Baltimore. Afro-Americans -- Medical care -- Maryland -- …

Logan, Rayford W., Msrc Staff

Manuscript Division Finding Aids

Title: Papers, 1917-1980s Description: 44 linear ft.

Notes: Afro-American historian, administrator, author, civil rights activist, and Howard University faculty member. Personal and family papers, teaching materials, correspondence, travel documents, speeches, writings and book reviews, organizational files, subject files, printed materials, photographs, memorabilia, and audiotapes and films, relating to Logan's activities as a scholar and advocate of human rights. Includes materials relating to his association with Alpha Phi Alpha, Howard University, the Peace Corps, and Unesco, and to the preparation of the Dictionary of American Negro Biography (1982). Dictionary of American Negro Biography files restricted. Gift of Michael Winston, 1983.

Subjects: …

Walking Together: Living Fearlessly, Loving Boldy, Anna M. Malone

Student Publications

In this paper, I give an account of my capstone for the Religious Studies major. I tell about the research project-turned-applied-learning, and how my research as a Mellon Summer Scholar ’15 led me to start a prison ministry between Gettysburg students and the Adams County Adult Correctional Complex. I reflect on what I have done, how God has worked, and what I have learned. This is far from a typical research paper; then again, this was far from a typical research project.

On Wings Of Hope, Volume 19, No. 4, Christmas 2015, Phadp, Esther Brown, Ronald Smith Jr, Anthony Boyd, Internal Exiler 33, Earl Mcgahee, "Oracle"

On Wings of Hope

October–December 2016 or Christmas 2016 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

Case Global: Changing Lives Over Spring Break, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 7, #1 (2015)

• Changing lives over spring break (cover)
• Frederick K. Cox International Law Center celebrates 25 year anniversary
• Case Western Reserve’s international law program jumps four spots to No. 11...
• Students in new Human Rights Clinic handle immigration case… (East Africa)
• Brigade Judge Advocate Keith Petty, ‘02 deployed to Liberia… (Ebola epidemic)
• International law curriculum; sequence to success
• CWRU Law’s piracy work culminates in publication of a book…
• Case Western Reserve screens documentary film… (ICTY)
• Case Western Reserve students intern around the world
• Recent Graduate Profiles
• International Law 2014-15 Events Round-up
• News of our International Law Faculty

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

Marquette Law Review

None

It's Not Jim Crow, It's Jail: Questioning The Role Of Race In The Origins Of Punitive Policy, John T. Bennett

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

No Law And No Order: Local, State And Federal Government Responses To The United States Rape Kit Backlog Crisis, Glenne Ellen Fucci

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Bca Report, V. 19, Fall 2015, Black Colleagues Association, Alumni Engagement

Black Colleagues Association Report

Annual newsletter of the Black Colleagues Association, an association of Black Illinois State University alumni.

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood …

Perceptions Of Social Control In Disadvantaged Neighborhoods And Adolescent Drug And Alcohol Use: Are They Related?, Kanita Shiquia Sumner

Sociology & Criminal Justice Theses & Dissertations

Using data collected from the Evaluation of the Children at Risk Program (CAR) in Austin, Texas, Bridgeport, Tennessee, Savannah, Georgia, and Seattle, Washington (Harrell et al 1999), this study focused on problem behaviors in disadvantaged neighborhoods , specifically, drug and alcohol use, among at-risk youth. The purpose of this study was to determine if parochial and public levels of social controls in disadvantaged neighborhoods decrease the likelihood of adolescents using drug and alcohol. It was found that the parochial level of social control in disadvantaged neighborhoods was highly correlated with adolescent's alcohol and drug use; however, the public level was …

Honor, Courage, Commitment: Understanding Sexual Assault In The United States Navy, Caitlin Veronica Muldoon

Sociology & Criminal Justice Theses & Dissertations

Recently, sexual assault within the military community has been drawing the attention of the media, military leaders, politicians and every day citizens. Criminologists however have traditionally not addressed this crime, and have specifically not addressed sexual assault within the US Navy. This dissertation seeks to address the current gap in literature by examining the sociocultural workplace climate of the US military and its possible contribution to the occurrence of sexual assaults. Utilizing original data obtained by NCIS, regression models were ran to evaluate sexual assault victim and offender demographics. The surprising findings were then discussed within the context of possible …

Support For Gestalt Versus Business-As-Usual Theories Of Insight Depends On Operational Definition Of Insight, Kimberly D. Lee

Psychology Theses & Dissertations

Some theories propose that insight involves automatic processes that are responsible for restructuring. Other theories postulate that the mechanisms surrounding restructuring are controlled and effortful. The current study tested these theories by comparing different methodology and operational definitions that have been used in previous research to investigate the nature of “Aha!” experiences and impasse in insightful problem solving. One hundred two undergraduate psychology students from Old Dominion University completed working memory tasks, six classic insight problems, and gave initial problem representation ratings for the insight problems before solution attempt. Using a think-aloud protocol, we assessed the occurrence of impasse during …

Coordination And Conflict: The Persistent Relevance Of Networks In International Financial Regulation, Robert B. Ahdieh

Law and Contemporary Problems

No abstract provided.

The Case In Favor Of Ocr’S Tougher Title Ix Policies: Pushing Back Against The Pushback, Sarah Edwards

Duke Journal of Gender Law & Policy

No abstract provided.

A Look Back At The "Gatehouses And Mansions" Of American Criminal Procedure, Yale Kamisar

Articles

I am indebted to Professor William Pizzi for remembering—and praising—the “Gatehouses and Mansions” essay I wrote fifty years ago. A great many articles and books have been written about Miranda. So it is nice to be remembered for an article published a year before that famous case was ever decided.

Hail Marriage And Farewell, Ethan J. Leib

Fordham Law Review

    My conclusion in what follows is that, notwithstanding much rhetoric in the opinion, states have some room to rethink marriage in light of marriage equality. And with some intellectual jujitsu, this opening to rethink the state’s place in relational ordering gives marriage-skeptics another bite at the apple to get something they wanted all along: to decenter the largely religious, gendered, and bourgeois institution of marriage. Justice Kennedy’s opinion has the unfortunate result of reaffirming marriage at the top of a relational hierarchy, yet there are surely other ways we can have civil rights and equality for gay people without marriage …

The Black Church : Responding To The Drug-Related Mass Incarceration Of Young Black Males : "If You Had Been Here My Brother Would Not Have Died!", Sharon E. Moore, A. Christson Adedoyin, Michael A. Robinson, Daniel A. Boamah

Faculty and Staff Scholarship

The mass incarceration of young Black males for drug-related offences is a social issue that has broad implications. Some scholars have described this as a new form of racism that needs to be addressed through the concerted effort of various institutions, including the Black Church. In this paper the authors will elucidate the past and current roles of the Black Church, discuss the utilization of the social work Theory of Empowerment and Black Church theology to address the disproportionality of drug-related mass incarceration of young Black males, focus on initiatives undertaken by the Black Church to address this issue and …

Coitus And Consequences In The Legal System: An Experimental Study, Joni Hersch, Beverly Moran

Vanderbilt Law School Faculty Publications

Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female victims, the consequence is often a legal system that offers little or no protection. Until the experimental study presented here, no one has asked whether the same is true in civil actions. This original experimental survey, fielded on eight hundred participants, provides the first-ever evidence on whether legal decision makers hold sexual activity against females in civil settings. Participants received four scenarios- a homicide, a workplace sexual …

Course Schedule Fall 2015, William & Mary Law School

Course Information

No abstract provided.

Pinholster's Hostility To Victims Of Ineffective State Habeas Counsel, Jennifer Utrecht

Michigan Law Review

Cullen v. Pinholster foreclosed federal courts from considering new evidence when reviewing 28 U.S.C. § 2254(d) petitions for claims previously adjudicated on the merits in state court. This decision has a particularly adverse effect on petitioners whose state habeas counsel left an incomplete or undeveloped record. This Note discusses strategies for victims of ineffective state habeas counsel to avoid the hostile mandate of Pinholster. It argues that, in light of Martinez v. Ryan’s recognition of the importance of counsel in initialreview collateral proceedings, courts should be wary of dismissing claims left un- or underdeveloped by ineffective state habeas counsel. It …