Digital Commons Network^™

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 …

Developmental Detour: How The Minimalism Of Miller V. Alabama Led The Court's "Kids Are Different" Eighth Amendment Jurisprudence Down A Blind Alley, Mary Berkheiser

Akron Law Review

With its narrow ruling, Miller has taken the Eighth Amendment kids are different jurisprudence on a deleterious detour that could lead Miller and Jackson and others like them to a certain dead end. Where Miller went wrong is the subject of this paper. It begins with Graham and the significance of the Court’s ruling that the Eighth Amendment categorically precludes imposition of a sentence of life without parole on a juvenile nonhomicide offender. Next, this paper turns to the Supreme Court’s decision in Miller, parsing the Court’s reliance on precedent and the reasoning that led it to adopt a ruling …

The New State Postconviction, Giovanna Shay

Akron Law Review

I argue in this paper that, because Maples and Martinez coincide with other important developments that make state postconviction more important, they could have critical synergistic effects. Maples and Martinez create incentive for states to provide effective counsel in state postconviction at a moment when these proceedings are being forced to assume a new role in the development of federal constitutional criminal procedure. The confluence of these events could produce a new era in state postconviction.

Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller

Akron Law Review

Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …

Florence V. Board Of Chosen Freeholders: Police Power Takes A More Intrusive Turn, Wayne A. Logan

Akron Law Review

This symposium affords an opportunity to reflect upon the combined force of Florence and one of its foundational precedents, also decided by a 5-4 vote: Atwater v. City of Lago Vista. In Atwater, the Court afforded police explicit authority to arrest individuals for very minor offenses (there failure to wear a seatbelt) without a warrant, paving the way not only for arrests such as experienced by Albert Florence, but also a myriad of others, based on laws contained in state, local and federal codes. With Atwater, the Court refused to limit the governmental power to subject individuals to the trauma …

The Modest Effect Of Minneci V. Pollard On Inmate Litigants, Alexander Volokh

Akron Law Review

This Symposium, on the recent Supreme Court Term’s criminal procedure jurisprudence, illustrates these complexities. Of the five “cases” discussed here, three come out in a “liberal” direction and two come out in a “conservative” direction. Nor do the results merely stem from Justice Kennedy’s swing vote (though he was in the majority in all of these cases); one of the “liberal” cases was decided by a majority of seven Justices, and one of the “conservative” ones was decided by a majority of eight. Looking at these cases together is a good way of reminding us to be wary of simplistic …

Peacemaking And Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik

Akron Law Review

I will show in this response a psychological link between what the academics did in the Duke Lacrosse case and the very circumstances they and Professor Boisseau decry.

The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik

Akron Law Review

The time that has since passed allows for a more comprehensive evaluation of the cultural meaning of the Duke Rape case. This is the goal of the newly released “Institutional Failures,” which constitutes a point of departure for this review. The aim of this article is first to clarify the contribution this book makes to an understanding of the case. I will describe and analyze the content of the nine essays that make up the book; I will make reference to related works, and I will offer a concluding evaluation of the book’s likely impact.

Response To "The Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System" By Dan Subotnik, Tracey Jean Boisseau

Akron Law Review

There are all kinds of injustices in the world—unwarranted punishments and deprivations of liberty as well as undeserved material, psychological, and emotional injuries, inequities, and wrongs. False accusations provide the basis for one of the most poignant narratives of injustice because we have the sense that someone punished for a specific, discrete act that they did not commit is entirely innocent, not only of that discrete act but in some sort of existential sense of the word. ...Tragic irony is always compelling in a narrative, but, if one can identify with that falsely accused person, either because one shares similar …

Sex Slavery In The Lone Star State: Does The Texas Human Trafficking Legislation Of 2011 Protect Minors?, Cheryl Nelson Butler

Akron Law Review

This Article argues that, while Texas has made great strides in its movement to combat child trafficking, there are three major areas in which further reform is needed. First, Texas should provide stronger protections for not only minors trafficked for sex, but also those trafficked for labor. Second, Texas law must shift its emphasis from prosecution of traffickers to a more balanced approach that also prioritizes the protection of minors and the prevention of future trafficking crimes against them. Third, Texas should adopt safe harbor provisions that reflect a child welfare response toward prostituted minors

The Inquisitorial Advantage In Removal Proceedings, Won Kidane

Akron Law Review

A thoughtful student once asked an immigration judge during an informal exchange: “If the respondent in your court who has just been found deportable appears to qualify for cancellation of removal but has failed to fill out the form properly, what would you do?” The judge responded matter-of-factly, “I am not his attorney. If the application is not completed properly, I don’t have an application to consider.” It goes without saying that the judge would then order the respondent deported for not submitting a properly completed application for relief. The judge’s response might have seemed harsh or even insensitive to …

We Are...Marshall, June 24, 2015, Office Of Marshall University Communications

We Are ... Marshall: the Newsletter for Marshall University 1999-2023

No abstract provided.

The Chola Loca In Landscapes Of Struggle: Breaking Silence In The Works Of Helena María Viramontes And Yxta Maya Murray, Lorena Galván

Spanish and Portuguese ETDs

The struggle of reimagining and resituating once ignored or vilified female icons is an example of how Chicanas turn to the past to instill a new meaning to female archetypes. In breaking silence, Helena María Viramontes and Yxta Maya Murray found a way to make the Chola visible, and a voice from which she could speak about the concerns of women living la vida loca in urban landscapes. The analysis of Chicana representations, of the Chola and la vida loca thus offers a counter-narrative to the dominant narratives offered by Chicano texts but also to the rise of representations about …

An Examination Of The Relationship Between Childhood Abuse, Anger And Violent Behavior Among A Sample Of Sex Offenders, Stephanie R. Ramirez, Elizabeth L. Jeglic, Cynthia Calkins

Publications and Research

Background: Increasing attention has focused on the emotional dysregulation that can result from adverse childhood experiences among those who commit sexually violent crimes. While studies confirm a relationship between child maltreatment and anger the research is limited and it is unclear how anger and child maltreatment effect the use of violence during the commission of the sex crime.

Methods: This study examined the relationship between childhood maltreatment, anger and violent behavior by reviewing the records of 571 adult male offenders convicted of sexual assault or child molestation. The aims of the present study were to 1) examine differences in anger …

The Psychology Of Aggregation: Promise And Potential Pitfalls, Tom R. Tyler

DePaul Law Review

My goal is to look at aggregation from the perspective of the psychology of the litigant. Doing so is based on the premise that one goal of the courts is to manage conflicts in ways that enhance the legitimacy of the legal system, something which research indicates is best accomplished by using procedures that those involved in litigation view as fair. Applying this perspective to aggregation I make three basic points. The first is that people are dissatisfied when they feel they lack the resources to bring their grievances to a court. If aggregation allows people to more readily access …

Repeat Play Evidence: Jack Weinstein, “Pedagogical Devices,” Technology, And Evidence, Jennifer L. Mnookin

DePaul Law Review

No abstract provided.

Jack Weinstein And The Missing Pieces Of The Hearsay Puzzle, Richard D. Friedman

DePaul Law Review

In 1961, Judge Jack Weinstein laid out an approach that could support a dramatic transformation of hearsay law—more receptive in general to hearsay, more reliant on the discretion of the trial judge and on procedural considerations, and recognizing that the confrontation right of an accused might render inadmissible some evidence that would be admissible in a civil case. The Federal Rules of Evidence took a cautious approach, mildly expanding the admissibility of hearsay, the discretion of the trial judge to admit hearsay, and the role of procedural considerations. This Article argues that failure to provide independent protection for the confrontation …

Notes On Uniformity And Individuality In Mass Litigation, Jack B. Weinstein

DePaul Law Review

No abstract provided.

Chooseyourjudges.Org: Treating Elected Judges As Politicians, Ric Simmons

Akron Law Review

In order to combat this problem of voter ignorance, I recently created a website designed to provide voters with information about judicial elections...Creating the website posed unique practical challenges, such as how to gather the information about the candidates and how to present it to the voter in a way that was meaningful and useful to a non-lawyer. But it also raised even more fundamental questions about the purpose of judicial elections and the role voters are meant to play in the process. This Article describes these challenges and questions, and then proposes my own initial solutions to them, in …