Digital Commons Network^™

Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell

Akron Law Review

While the struggle for affirmative consent is typically framed as a feminist law reform project, I contend that we need to understand the legal elaboration of a positive and explicit consent standard in relation to wider shifts in governance. The second section of this article explores how the legal elaboration of affirmative consent in Canadian law might be seen as a specific expression of neoliberal governmentality, forging new normative sexual subjects who interact within a transactional sexual economy. In section three, I demonstrate how discourses of responsibilization and risk management inform recent Canadian sexual assault decisions, constituting the ideal victim …

To Catch The Lion, Tether The Goat: Entrapment, Conspiracy, And Sentencing Manipulation, Derrick Augustus Carter

Akron Law Review

This article examines how sentencing enhancement schemes play into undercover operations and manipulation ploys. This article reviews entrapment doctrines, starting with the common law principles of unclean hands and estoppel, to settled principles of objective and subjective entrapment. Through principles of conspiracy, the undercover operation ensnares perpetrators who intend factually impossible crimes, as long as an overt step is taken. Sentencing enhancement crimes, induced by government agents, must be proven before a jury beyond a reasonable doubt. A reciprocal corollary is that the accused must be able to defend enhancement accusations through defenses such as sentencing manipulation and sentencing entrapment. …

Neuroscience And Health Law: An Integrative Approach, Stacey A. Tovino J.D., Ph.D.

Akron Law Review

Neuroscience is one of the fastest growing scientific fields in terms of the numbers of scientists and the knowledge being gained. In recent years, both the scope of neuroscience and the methodologies employed by neuroscientists have broadly expanded, from biochemical and genetic analysis of individual nerve cells and their molecular constituents, to the imaging of brain structure and function. Perhaps the most significant recent neuroscientific achievement is the ability of neuroimaging technologies, including functional magnetic resonance imaging (fMRI), to image brain function. Clinicians and scientists use fMRI not only to map sensory, motor, and cognitive function, but also to study …

Asperger's Disorder, High-Functioning Autism, And Guardianship In Ohio, Michael E. Bloom

Akron Law Review

Early in the 1940s, two men, worlds apart and unaware of each other’s work, used the term “autism” to describe children that had remarkably similar characteristics, namely core impairments in socialization, communication, and imagination. In the United States in 1943, Leo Kanner published an account of “early infantile autism,” describing children with impaired social interaction, impaired communication, and stereotyped behaviors and interests.Kanner’s children seemed to relate better to objects than people. In Austria in 1944, Hans Asperger used the term “autistic psychopathy” to describe children with impaired social interaction, behavioral oddities, and poor coordination. Asperger’s children, who displayed no delay …

Black Boxes: Fmri Detection And The Role Of The Jury, Julie Seaman

Akron Law Review

Before I offer some thoughts on that question, let me mention three real-life cases in which cutting-edge neuroscientific evidence either did – or conceivably might in a not-so-distant future – influence the outcome of a criminal prosecution. In the first case, reported last week in the New York Times, EEG brain-fingerprinting-type evidence was admitted against a woman on trial in India for murdering her husband. She was convicted. In the second case, in England recently, neuroscientists performed an fMRI lie-detection scan on a woman who had previously been convicted of poisoning a child in her care. She claimed that she …

Neuroscience And Juvenile Justice, Jay D. Aronson

Akron Law Review

Recent advances in the field of neuroscience, especially improved magnetic resonance imaging (MRI) techniques, are providing scientists and decision-makers with an increasingly complex understanding of how our brains develop from birth to adulthood. While these studies are still in their infancy, they have already made it clear that the brain typically continues to develop long after the point at which an individual becomes a legal adult (i.e., at age 18), and that the slow maturation process that plays out in the social context is mirrored by a slow maturation process at the neural level. Despite the tentative nature and unsettled …

"His Brain Has Been Mismanaged With Great Skill": How Will Jurors Respond To Neuromimaging Testimony In Insanity Defense Cases?, Michael L. Perlin

Akron Law Review

A review of the literature on neuroimaging, predictably, reveals a broad array of positions, promises and prophecies. Carter Snead argues that the ambition of cognitive neuroscientists is “to use the claims of their discipline and the new powers conferred by neuroimaging to overthrow retributive justice as a legitimate justification for criminal sanctions.” In this paper, I do not take sides on this debate. Rather, I discuss a related, but distinctly separate issue: which of these positions will jurors think is right, especially in the context of deciding insanity defense cases. The primary and robust debate that has taken place so …

How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian M. Halliburton

Akron Law Review

With each passing day, new technologies push the horizons of official government investigative and surveillance activity deeper and deeper into the mind and consciousness of the surveilled subject. While law enforcement agencies have always relied on observing the behavior and activity of suspicious targets, and there has been little judicial ink spent preserving the confidentiality of such observable activity, the law has been slow to respond to rapid increases in the capacity or scope of official observation that the advance of technologically sophisticated surveillance techniques helped facilitate. The sampling of techniques at the center of this Article allow the operators …

Law And The Revolution In Neuroscience: An Early Look At The Field, Henry T. Greely

Akron Law Review

Several of the articles in this symposium consider different aspects of the intersection of neuroscience and testing for deception. Professor Joelle Moreno’s article provides an important philosophic link for those thinking about the role of the academy in evaluating novel scientific evidence such as neuroscience. Noting that “profound validity questions divide cognitive neuroscientists,” Professor Moreno cautions against ready admission of cognitive neuroscience evidence, recognizing that the images presented may be far more persuasive to judges and juries than they legitimately should be. Quoting studies on the effect of neuroscience evidence in forming opinions, she reminds readers that cognitive neuroscience evidence …

Foreword To The Neuroscience, Law & Government Symposium, Jane Campbell Moriarty

Akron Law Review

It is with much pleasure that I write the foreword for this Symposium in the Akron Law Review. The authors were each presenters at the Neuroscience, Law & Government Conference, held at The University of Akron School of Law in September, 2008. The articles in this edition of Akron Law Review are as diverse as the presentations themselves, and provide a fascinating glimpse into various ways in which neuroscience is making inroads in both law and government. The explosion of neuroscience and neuroimaging discoveries this decade is nothing short of remarkable, leading one prominent scientist to term the last several …

Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow

Akron Law Review

This essay starts with two simple questions: Why do law schools in China have so little discussion of legal ethics? Why do students not press or seek more discussion of this topic? The essay then looks at the creation of norms of legal ethics from a topdown perspective and the inadequacy of that approach. Both a bottomup and top-down examination identify the tremendous challenges facing the Chinese emerging legal culture in building a coherent model of lawyering that can serve as the foundation for a system of legal ethics. This essay is intended as a contribution to the growing English …

Exporting American Legal Ethics, James E. Moliterno

Akron Law Review

Over the past decade or so, a massive exportation of U.S. lawyer ethics law, primarily to emerging democracies, has been taking place. The exportation has been managed largely, but not exclusively, by ABA Rule of Law programs, funded extensively by grants from USAID. Excellent work is being done by these programs and nothing in this essay should be read to suggest that these projects lack value. But in one respect, the work of these and other such projects is sometimes tinged with cultural imperialism...The large-scale adoption of U.S. models of lawyer and judge regulation outside the United States is likely …

The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman

Seattle University Law Review

The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made in the form of crop insurance. Until 2014, the majority of subsidies were direct payments and the identity of the people who received them was public information. In fact, the Environmental Working Group’s release of the list of recipients led to a series of …

My News

My News (2014-2020)

• "Jurassic World" at Georgia Southern
• Georgia Southern graduate selected as Woodrow Wilson Teaching Fellow
• Georgia Southern professor brings national attention to dangerous new drug trend
• Retired professor Don Armel rides crosscountry for community food bank
• BIG opportunity for student entrepreneurs
• Georgia Southern signs agreement with OTC for logistics degree students

Newsroom, Georgia Southern University

Newsroom (2006-2023)

• Georgia Southern professor brings national attention to dangerous new drug trend

Police Integrity Lost: Police Crime In The United States, Philip M. Stinson

Criminal Justice Faculty Publications

No abstract provided.

The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth

Akron Law Review

This article examines these issues in the context of an important and emerging constitutional challenge to the death penalty: whether the death penalty can be imposed on capital defendants who suffer from severe mental illness at the time of the commission of their crimes. The American Bar Association, the American Psychiatric Association, the American Psychological Association, and the National Alliance for the Mentally Ill all endorse a death penalty exemption for the severely mentally ill. Recent law review articles suggest that such an exemption may even be compelled by the Supreme Court’s decisions in Roper v. Simmons and Atkins v. …

Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch

Akron Law Review

International law well-illustrates this more nuanced understanding of law. This article will consider humanitarian interventions conducted in the name of human rights and the ‘rule of law’ to illuminate the multidimensional nature of law as violence, bureaucracy, and governance.

In Part II, this article will explore law’s relationship with violence. It will briefly examine conventional views that position law as a restraint upon or selective and judicious dispenser of violence as well as more critical views that explore the enmeshed nature of law and violence. It will then discuss contemporary humanitarian interventions and human rights institutions and practices, and their …

The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth

Akron Law Review

This article examines these issues in the context of an important and emerging constitutional challenge to the death penalty: whether the death penalty can be imposed on capital defendants who suffer from severe mental illness at the time of the commission of their crimes...At the outset, this article briefly sets out the problem of mental illness among capital offenders and the death row population and reviews the characteristics of severe mental illnesses, such as schizophrenia, that plague some individuals who are sentenced to die. In order to contextualize the severely mentally ill offender’s place within the United States’ modern death …

Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch

Akron Law Review

This article will consider humanitarian interventions conducted in the name of human rights and the ‘rule of law’ to illuminate the multidimensional nature of law as violence, bureaucracy, and governance...In Part II, this article will explore law’s relationship with violence. It will briefly examine conventional views that position law as a restraint upon or selective and judicious dispenser of violence as well as more critical views that explore the enmeshed nature of law and violence. It will then discuss contemporary humanitarian interventions and human rights institutions and practices, and their historical antecedents, to surface international law’s violence. In Part III, …

Transitional Justice And Local Ownership: A Framework For The Protection Of Human Rights, Andrew B. Friedman

Akron Law Review

The focus of this paper will be only on prosecutions and other mechanisms with formality and ability to punish akin to a prosecution. Of the many such pseudo-prosecutions, particular focus will be paid to Truth and Reconciliation Commissions for their formality, their ability to grant amnesty, and the darling space they occupy in the collective public and scholarly imagination. Second, the importance of local ownership will be discussed. As previously mentioned, a great deal of work has been done on this particular topic. The discussion in this article will be limited to the problems associated with local ownership in transitional …

Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson

Akron Law Review

With Japan marking its three-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore future possibilities. More significantly, this paper asserts that the convergence of various forces makes this an ideal time to expand lay participation into the civil realm so as to enhance the justice process and fully achieve the objectives of Japan’s major legal reforms. Accordingly, this paper is separated into three sections. First, Part I details the underpinnings of Japan’s new lay judge system and examines its triumphs and …

Upholding The Inartful Drafting Of Obamacare, Donald Roth

Faculty Work Comprehensive List

Posting about ­­­­­­­­a recent challenge to the national Affordable Care Act (ACA) from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/upholding-the-inartful-drafting-of-obamacare/

A Before-School Counselor Intervention That Promotes Peer Relational Skills And Influences Prosocial Behavior, Jennifer Rogers

Individual, Family, and Community Education ETDs

The purpose of this dissertation was to understand the student experience and perception of change after participating in a before-school counselor intervention focused on learning prosocial behaviors and developing peer relational skills. This evaluation included both how students experienced the program and if they perceived any change in themselves after participating in the program. Qualitative methods are often used in evaluations because they tell the program's story by capturing and communicating the participant's stories (Patton, 2003, p. 2). The purpose of this type of method was to illuminate the process and outcomes of a program. The intent of qualitative findings …

Summary And Initial Response To The Same-Sex Marriage Ruling, Donald Roth

Faculty Work Comprehensive List

"The primary components of this decision depend on both a narrative of continuity and change."

Posting about the Supreme Court ruling on same-sex marriage ­­­­­­­­from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/a-summary-and-initial-response-to-the-same-sex-marriage-ruling/

Impact And Reach Of A Peer-Led Health Education Intervention Utilizing Harm Reduction Strategies In An Incarcerated Population, Miranda Leah Sedillo

Health, Exercise, and Sports Sciences ETDs

Prisons are high-risk environments for communicable disease transmission. The majority of incarcerated individuals return to their communities, many with untreated disease, creating a need for disease control, prevention and treatment within the prison population. Prisoner Health is Community Health: The New Mexico Peer Education Project (NMPEP) was developed by Project ECHO® (Extension for Community Healthcare Outcomes) to address the epidemic of Hepatitis C transmission in the New Mexico state prison system. NMPEP is a low-cost, peer-led health education intervention aimed to increase knowledge and harm reduction techniques among incarcerated individuals prior to returning to their communities. The model is innovative …

Uno Academic Assessment Cycle 2015, Uno Office Of Institutional Effectiveness

Student Learning

UNO Academic Assessment Cycle 2015: Updated June 25, 2015.

The Parthenon, June 25, 2015, Jocelyn Gibson

The Parthenon

The Parthenon, Marshall University’s student newspaper, is published by students Monday through Friday during the regular semester and weekly Thursday during the summer. The editorial staff is responsible for the news and the editorial content.

Holy Cross Magazine, Vol. 49, No. 3, Summer 2015, College Of The Holy Cross

Holy Cross Magazine

Syllabus: From Opera to Broadway
with Carol Lieberman, Associate Professor of Music
By Pamela Reponen

Serving with Grace
At 93, Holy Cross alum George Merritt ’43 comforts the terminally ill, after being comforted himself.
By Paul Catala

The Artist’s Path
A mile from the world’s largest mill clock, at her family home on Durso Ave., Bang Luu ’14, a modern-day newcomer to this city of immigrants, uses 21st- century machinery to pursue her own American dream—as an artist.
By Mark Sullivan

With a Smile
For the past 25 years, Barry Loffredo, D.D.S., ’68 has performed dental missionary work around the …

A Longitudinal Study Of Truant Youths ’ Involvement In Sexual Risk Behavior, Richard Dembo, Rhissa B. Robinson, Rocío Ungaro, Ken C. Winters, Lora Karas

Criminology Faculty Publications

Truant youths are likely to engage in a number of problem behaviors, including sexual risky behaviors. As part of a National Institute on Drug Abuse (NIDA)-funded, prospective intervention project, a sample of truant youths' sexual risk behavior was tracked over five time points. Analyses of the data was informed by four objectives: (a) determine if a growth model parameterization was consistent with the youths' sexual risk behavior, (b) assess the impact of a brief intervention (BI) targeting substance use on their sexual risk behavior over time, (c) identify any sexual risk behavior subgroups, and (d) identify any differential, longitudinal effects …