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Celebrating Faculty Creative Works 2014, University Of Texas At Arlington Library, Ut Arlington Office Of The Provost

Faculty Creative Works-Archive

The University of Texas at Arlington Libraries and the Office of the Provost are pleased to host the seventh Celebration of Faculty Creative Works, an exhibition showcasing the books, art, music, media, patents, conference activities, and journal contributions made by UT Arlington faculty in 2014.

Gay Panic, Gay Victims, And The Case For Gay Shield Laws, J. Kelly Strader, Molly Selvin, Lindsey Hay

Cardozo Law Review

In a highly publicized "gay panic" case, Brandon McInerney shot and killed Larry King in their middle school classroom. King was a self-identified gay student who sometimes wore jewelry and eye makeup to school and, according to those who knew him, was possibly transgender. Tried as an adult for first-degree murder, McInerney asserted a heat of passion defense based upon King's alleged sexual advances. The jury deadlocked, with a majority accepting McInerney's defense.

Drawing largely upon qualitative empirical research, this Article uses the Larry King murder case as a prism though which to view the doctrinal, theoretical, and policy bases …

"The Only Thing We Have To Fear Is Fear Itself": The Constitutional Infirmities With Felon Disenfranchisement And Citing Fear As The Rationale For Depriving Felons Of Their Right To Vote, Erika Stern

Loyola of Los Angeles Law Review

Felon disenfranchisement, a mechanism by which felons and former felons are deprived of their right to vote, is a widespread practice that has been challenged on many grounds. However, felon disenfranchisement has not yet been properly challenged under the First Amendment. This Article argues that states implicate felons’ First Amendment rights through felon disenfranchisement without citing adequate or compelling rationales to justify this severe intrusion. In fact, at least one rationale, a rationale based on the fear of the way felons might vote, is itself inconsistent with First Amendment principles. Disenfranchising felons based on a fear of the way that …

The Jury As Democracy, Jenny E. Carroll

Faculty Scholarship

Almost from the moment the law is set to paper, it is shaped and refined through acts of interpretation and discretion. Police and prosecutors choose which cases to investigate, which to charge and how to charge them. Judges make decisions every day that affect the outcome of cases. These acts of interpretation and discretion are driven by the perspectives of those empowered to make them. All too frequently, they reinforce existing power dynamics. But there are other realms of discretion in criminal law. Whether seeking to apply a legal standard as instructed or engaging in an act of nullification, ordinary …

Developing A Fuzzy Expert System To Examine Hazard Analysis In The United States Army, Charles J. Karels

Theses and Dissertations

The research conducted in this thesis is an attempt to determine if there are any biographical similarities between second lieutenants in the US Army who view risk in a similar manner and if so, which are the most significant. A study was conducted using in-group surveys of 72 second lieutenants receiving training in Infantry Basic Officer Leader Course (IBOLC). The participants were provided with two written surveys each presenting a scenario based on military activities. They were asked to evaluate the scenarios and fill out Risk Management (RM) worksheets based on the US Army's doctrinal process for conducing RM. The …

Collection Development Policy, Electrical Engineering And Computer Science, Ven Basco

Libraries' Documents

No abstract provided.

Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott

Articles

Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these …

Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh

Northwestern University Law Review

The harms of overcriminalization are usually thought of in a particular way—that the proliferation of criminal laws leads to increasing and inconsistent criminal enforcement and adjudication. For example, an offender commits an unethical or illegal act and, because of the overwhelming breadth and depth of the criminal law, becomes subject to too much prosecutorial discretion or faces disparate enforcement or punishment. But there is an additional, possibly more pernicious, harm of overcriminalization. Drawing from the fields of criminology and behavioral ethics, this Essay makes the case that overcriminalization actually increases the commission of criminal acts themselves, particularly by white-collar offenders. …

Violent Crimes Compensation Board: Claims, Fy 2004–Fy 2014, Khristy Parker

AJSAC Fact Sheet

This fact sheet presents data from the Alaska Violent Crimes Compensation Board (VCCB) on claims made and compensation granted to victims of violent crime for fiscal years 2004–2014. The report presents data on new claims filed, types of crime and types of expenses for which compensation was claimed, and compensation totals. On average, the five most common violent crimes resulting in applications for compensation over the eleven-year period were sexual abuse of a minor, domestic violence, assault, sexual assault of adults, and homicide.

Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie

Cornell Law Faculty Publications

In a series of studies involving over six hundred trial judges in three countries, we demonstrate that trial judges' civil damage awards and criminal sentences are subject to influences that make them erratic. We found that the presence of misleading numeric reference points (or "anchors") affected judges' decisions in a series of hypothetical cases. Specifically, judges imposed shorter sentences when assigning sentences in months rather than in years; awarded higher amounts of compensatory damages when informed of a cap on damage awards; imposed different sentences depending upon the sequence in which criminal cases were presented to them; and were influenced …

Transitional Justice And Judicial Activism— A Right To Accountability?, Ruti Teitel

Articles & Chapters

Victims of systemic rights abuses, their families, and non-governmental organizations are turning to international and regional human rights tribunals to address the failure of states to investigate, prosecute, and remedy past human rights violations. In many cases this relates to acts that occurred decades ago and for which a previous repressive regime was responsible. In other cases there may be powerful interests within the state, such as the police or security service, that are complicit with the violations in question. This Article explores the historical and political contexts in which these cases have arisen, how the courts approach the question …

Medication-Assisted Treatment For Pregnant Women: A Systematic Review Of The Evidence And Implications For Social Work Practice, Amber M. Holbrook, Viba H. Nguyen

Social Work (Graduate) Faculty Publications

Evidence-based practice with pregnant clients who are opioiddependent can be especially challenging because pregnant women are rarely included in clinical trials. The paper synthesizes systematic reviews on the outcomes of medication-assisted treatment for opioid dependent pregnant women and compares the effectiveness of methadone and buprenorphine. We explore evidence on maternal and neonatal outcomes, the safety of breastfeeding, and discuss the implications for social work practice. Searches were conducted in 6 databases. Ten reviews met the inclusion criteria. Results suggest medication-assisted treatment with either methadone or buprenorphine are equally effective in reducing maternal substance use, although methadone may offer slightly higher …

The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper

Loyola of Los Angeles Law Review

Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …

Railing Against Cyber Imperialism: Discussing The Issues Surrounding The Pending Appeal Of United States V. Microsoft Corp., Jason Green

North Carolina Journal of Law & Technology

No abstract provided.

Report, Collection Assessment: Interdisciplinary Social Sciences (Iss), February 2, 2015, Patricia C. Pettijohn

All-Library Assessments Reports, Summaries & Misc Reports

A report assessing library collections that support the Interdisciplinary Social Sciences (ISS) program.

Masculinities, Gendered Expression, And The Social, Emotional, And Academic Well-Being Of High School Boys, Cynthia Bazinet

Educational Studies Dissertations

There has been longstanding concern over the seemingly intractable problem of boys’ academic achievement. Despite extensive research, there is little consensus among researchers and educators regarding best practices and approaches in mitigating and remediating the problem. This mixed-methods study sought to illuminate the issue further by focusing on the meaningful lived experiences of six young men aged 18 to 24 who attended and graduated from a central Massachusetts public high school. The study asked participants to reflect through prompted writing upon the stresses and pressures as well as the factors and conditions that affected their abilities to manage their performativities …

Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee

Washington International Law Journal

This article surveys the use of foreign precedents in constitutional adjudication by the Supreme Court of Singapore for over half of a century during the terms of the first three Chief Justices—Wee Chong Jin (1963–1990), Yong Pung How (1990–2006), and Chan Sek Keong (2006–2012)—and the first year in office of the fourth Chief Justice, Sundaresh Menon (2012–2013). It concludes that while judges have always cited foreign case law, they have only actually applied foreign cases where the wording of the Constitution and the constitutional arrangements in Singapore are fairly analogous to the constitutional texts and arrangements upon which the cases …

Self-Represented Litigants, Active Adjudication And The Perception Of Bias: Issues In Administrative Law, Michelle Flaherty

Dalhousie Law Journal

This paper advocates for a more active role for adjudicators, one in which they provide direction to parties and actively shape the hearing process. Active adjudication can be an important access to justice tool. Without some direction and assistance from the adjudicator, growing numbers of self-represented litigants cannot meaningfully access administrative justice. Importantly, however, as the role of the adjudicator shifts, so too must our understanding of the notion of impartiality If it is unfair to expect self-represented litigants to navigate the hearing process without adjudicative assistance and direction, it is also unfair to insist on a vision of impartiality …

Verge Of Collapse? Survival Of Civilization In The Anthropocene, Lynn Rhodes

Comparative Civilizations Review

No abstract provided.

Normativity For Naturalists, Brian Leiter

Public Law and Legal Theory Working Papers

Normativity is thought to be a problem for naturalists because the explanatory modalities of the empirical sciences do not make any reference to deontic or normative properties related to reasons, as distinct from nomic or descriptive ones. Naturalistic e

The Debate Over Autonomous Weapons Systems, Gregory P. Noone Dr., Diana C. Noone Dr.

Case Western Reserve Journal of International Law

No abstract provided.

Sex Registries And Juvenile Offenders: An Examination Of College Student Perception, Ebony D. Bryant

Dissertations, Theses and Capstone Projects (Full IR Collection)

Juvenile sex offenders are included in sex offender registration laws based on the assumption that they pose a high risk for future reoffending. Without doubt sex offender laws are quite controversial. Given the recent support in applying sex offender registry laws to juveniles, laws originally designed to protect children of these same ages, this study addresses the following: 1. How do the disciplines of psychology and criminal justice impact student perception of juvenile sex offender registration? 2. How do major of study, race, and gender impact student perception of juvenile sex offender registration? 3. To what extent do social science …

Black White And In-Between: Race And Ethnicity In The Criminal Justice System 1885-1915, Elizabeth M. Wilhelm

Honors Theses

Events in the past year have brought racial and ethnic discrimination in the criminal justice system to the forefront of American consciousness. In reality, race has been used to create stereotypes for centuries, often supported by “scientific” and “statistical” evidence to support the idea that certain races are more likely to commit crimes than others. In my research, I trace the development of these ideas as well as the evidence used to support these racial notions primarily by drawing upon conference transcripts from two professional organizations: The National Prison Association and the National Conference of Charities and Corrections covering the …

Oprm1 Rs1799971 Genotype Predicts Drinking Behavior In Males, But Not Females, Sarah Hughes Berheim, Carmen Ochoa, Grace Sullivan, Scott F. Stoltenberg

UCARE: Research Products

• The prevalence of alcohol disorders costs Americans $223.5 billion yearly due mostly from losses in workplace productivity, as well as health care and criminal justice expenses (CDC, 2016).

• Maximum number of drinks consumed in a 24 hour period is a valid indicator of dangerous drinking behavior and may reflect an increased tolerance for high levels of alcohol (Edenberg, 2016).

• Awareness of factors related to such heavy drinking is important for targeting interventions for dangerous alcohol use.

• Men drink significantly more than women, with about 4.5% of men and 2.5% of women meeting the diagnostic criteria for …

Punishment As Protection, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray

Maryland Law Review Online

No abstract provided.

Addressing Demand For Sex Trafficking In Sweden And The United Kingdom: An Interpretive Policy Analysis Of Demand Reduction Policies, In Consideration Of The Principles Of Deterrence Theory, Katee Stahl

Masters Theses

In recent years, the problem of sex trafficking has migrated to the forefront of prostitution policy discussions, shifting the focus away from arguments surrounding the morality of prostitution, and instead, to consideration of the most effective prostitution policy approach to combat sex trafficking. One popular solution focuses on reducing the demand for sex trafficking by reducing the overall demand for prostitution. In order to reduce demand for prostitution, people must be deterred from purchasing sexual services, in any form, which may be accomplished by criminalizing the purchase of prostitution. The present inquiry will compare the demand reduction approaches of Sweden …

The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh

Articles

This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone ("SCSL'), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain.

This article, from an insider who …

A Prosecutor's Guide To Character Evidence: When Is Uncharged Possession Evidence Probative Of A Defendant's Intent To Distribute?, James Decleene

Marquette Law Review

none

Dismantling The Exxon Valdez: How Misunderstanding One Maritime Accident Led To The Criminalization Of An Entire Profession, Elisabeth Fontugne

Journal of Maritime Law and Commerce

No abstract provided.