Digital Commons Network^™

Stein Center News - March 2015, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

Scholarworks Statistics - March 2015, Scholarworks

ScholarWorks Reports

For the month of March 2015, ScholarWorks recorded a total of 33,127 full-text downloads and 13,656 page views.

From The Editor: Spiritual Exercises Bring Special Spirit To Campus, Edward W. Schmidt S.J.

Conversations on Jesuit Higher Education

No abstract provided.

Exploring The Epistemology Of Illicit Drugs, Holly Linseman

Spectrum

In this essay I explore the epistemology of drugs in America. That is, how Americans come to know and define drugs and their users; and, in turn, how those definitions manifest in social institutions. I argue that at the present moment, the cultural environment surrounding the ways in which Americans define and experience drug use— whether it is deemed as acceptable usage or a threat—is determined by three main institutions. The first and most predominant is the criminal justice system, which operates according to a regime of “narcopolitics.”

Intimate Partner Violence In The Black Church: Bridging The Gap Between Awareness And Policy Development, Carlos Jermaine Richard

Doctor of Ministry

The perennial problem of intimate partner violence (IPV) has gained national attention due to the increased awareness efforts of advocates, law enforcement, government, education, and social service agencies. This awareness serves as the catalyst for the upsurge in legislation, law enforcement involvement, and incarceration of abusers. Although the secular community has strategically implemented tactics and policies to combat abuse, the Black church continues to experience challenges with awareness and effective stratagems to address the issue. Further, the issue of domestic violence in the Black church has significant impact on women who suffer intolerable mistreatment at the hands of their abusers. …

Collection Development Policy, Health Management & Informatics, Renee Cole Montgomery

Libraries' Documents

No abstract provided.

Reversing Stereotypes: The Good Black Man America Has Yet To Know, Alexandria Harris

Featured Research

Research has shown that the negative stereotypes of black masculinity prevalent in American public opinion are linked to negative media portrayals of African American men. Using both theming analysis and survey experiment methods, I ask whether or not positive media portrayals of African American men offset negative stereotypes of black masculinity. The central finding is that one-time exposure to positive media portrayals of African American men decrease levels of racial resentment. I then close by considering the implications the results have on media portrayals as well as opinions of ordinary citizens.

The Tour De Fraud: What Foreign Banks Can Learn From The Bnp Paribas Settlement, Jason A. Burner

North Carolina Banking Institute

This Note proceeds in five parts. Part II provides a brief discussion of U.S. trade sanction law. Part III reviews three selected foreign bank settlements prior to BNPP’s settlement. Part IV outlines the BNPP case and the actions that lead to such a large sanction and settlement. Part V discusses BNPP’s lack of cooperation and compliance and how this affected the settlement. Part VI concludes by examining the implications of the sanction and the lessons that foreign banks can learn from BNPP’s actions.

Are They Listening? The Current Debate Over Municipal Liability Under The Federal Wiretap Act, Jenna M. Maresco

Dickinson Law Review (1908-2003)

The Federal Wiretap Act ("FWA") prohibits the interception and disclosure of electronic communications. The FWA contains a civil remedy provision through which a victim may recover from a "person or entity" alleged to have violated the statute. The somewhat ambiguous text of the FWA has led to varying interpretations of the civil remedy provision among courts.

Specifically, courts have disagreed over whether a municipality can be deemed an "entity" for purposes of the civil remedy provision. Most courts have held that a municipality is an "entity" and thus can be held liable for violations of the FWA. A few courts, …

The Misapplication Of Garcetti In Higher Education, Matthew Jay Hertzog

Brigham Young University Education and Law Journal

No abstract provided.

A Tale Of Three Prejudices: Restructuring The "Martinez Gateway", Michael Ellis

Washington Law Review

Martinez v. Ryan opened a door previously closed to federal habeas petitioners. In the past, where attorney negligence or a pro se defendant’s lack of legal knowledge caused ineffective-assistance-of-trial-counsel claims to be procedurally defaulted, those claims were likely lost forever. Now, following Martinez, petitioners get a second chance should they satisfy the Supreme Court’s four-pronged test. The Martinez test, however, is not a simple one. This Comment addresses some problems concerning the four-pronged test, including multiple and conflicting standards for the same element, tensions between Martinez and the underlying Strickland v. Washington ineffective-assistance-of-counsel standard, and confusion where the same …

Agency Slack And The Design Of Criminal Justice Institutions, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.

Our Administrative System Of Criminal Justice, Gerard E. Lynch

Fordham Law Review

    To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.

    The fourth piece selected by the Board is Our Administrative System of Criminal Justice, an article written by Gerard E. Lynch that is among the most cited works in the Law Review’s history.  This article illustrates how the practice of plea bargaining blurs the boundaries between adversarial and inquisitorial criminal justice systems.

   Judge Lynch now sits on the Second Circuit having eventually succeeded the late …

Due Diligence And Gender Violence: Parsing Its Power And Its Perils, Debra J. Liebowtiz, Julie Goldscheid

Cornell International Law Journal

No abstract provided.

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

Cornell International Law Journal

No abstract provided.

Just Repair, Lisa J. Laplante

Cornell International Law Journal

No abstract provided.

Criminal Inflictions Of Emotional Distress, Avlana Eisenberg

Scholarly Publications

This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way.

In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …

William J. Turnier: Unc Law Colleague, 1973-2014, John Charles Boger

North Carolina Law Review

No abstract provided.

Faculty Senate Resolution 15-04, Louisiana State University And Agricultural & Mechanical College

LSU Faculty Senate Publications

Faculty Senate Resolution on addressing institutional racism in law enforcement; postponed, not adopted.

Table Of Contents, Editorial Board, Law School Faculty And Administration, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Law Journal

No abstract provided.

Psychology And Lawyering: Coalescing The Field, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham

Nevada Law Journal

No abstract provided.

Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton

Nevada Law Journal

No abstract provided.

The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, Craig D. Friedel

Nevada Law Journal

No abstract provided.

The Spinnaker March 2015, University Of North Florida

Spinnaker

Student newspaper for the UNF community. Date: March 2015

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Politics On A Human Scale: The American Tradition Of Decentralism (Book Review), Doug Vande Griend

Pro Rege

Reviewed Title: Politics on a Human Scale: The American Tradition of Decentralism. Lanham, Maryland: Lexington Books, 2013. 648 pp. ISBN 978-0-73918-67-49.

Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq

Public Law and Legal Theory Working Papers

This Article analyzes the doctrinal instruments federal courts use to allocate scarce adjudicative resources over competing demands for constitutional remedies. It advances two claims. The first is that a central, hitherto underappreciated, doctrinal instrument for rationing judicial resources is a demand that most constitutional claimants demonstrate that an official violated an exceptionally clear, unambiguous constitutional rule—that is, not only that the Constitution was violated, but that the violation evinced a demanding species of fault. This fault rule first emerged in constitutional tort jurisprudence. It has diffused to the suppression and postconviction review contexts. The Article’s second claim is that …

What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon

Faculty Scholarship

This symposium article responds to the question, what's left of the law in the wake of ADR? The article addresses this question in the context of the criminal justice system in the United States. As with civil cases, few criminal cases go to trial. Negotiated agreements through plea bargaining have been the predominate form of case resolution since at least the mid-twentieth century. Plea bargaining, as with other forms of alternative dispute resolution, is an informal process that operates largely outside the formal legal system. Plea bargains are rarely negotiated on the record in open court. Instead, they are usually …