Law Commons^™

The Insidious Culture Of Fear In Indian Courts, Nidhi Shrivastava

English Faculty Publications

On 20 March 2020, the four adult convicts of the 2012 Delhi rape case were executed after a long debate regarding the punishment for their crime. The Delhi rape case, unlike others, was also given to the fast track court because of the worldwide outrage India received in its aftermath. Otherwise, most rape survivors rarely speak out and if they do, their lives are often endangered and threatened, depending on the severity of the case itself and the perpetrator's rank in the society. Through the analysis of Aniruddha Roy Chowdhury's, 2016 film Pink, and Ajay Bahl's film Section 375 …

Section Ii: Gender-Based Violence And The Law, Gavin Patrick Gray, Nidhi Shrivastava, Deepesh Nirmaldas Dayal

English Faculty Publications

This chapter is a transcript of an open-ended discussion that occurred between the authors when they met to discuss the subject matter of the second section of the book, which focuses on the effectiveness of legal responses to gendered violence. As with the previous introductory dialogue, the discussion takes place after preliminary drafts had been completed, and the authors share their thoughts on the subjects they will each discuss in more detail in the following chapters. These include the impact of cultural and gender bias within the Indian legal system, the insufficient impact of long-overdue reforms in Japan's sexual violence …

Citizens United V. Federal Election Commission, And The Inherent Unfairness To The “Un-United” American Citizen, Christopher J. Kantor

Writing Across the Curriculum

Among contemporary United States Supreme Court rulings that have impacted the structure of our nation, the 2010 case Citizens United v. Federal Election Commission resulted in significant political campaign finance reform that gave rise to an election system influenced by money, corporations, and powerful individuals. The ruling of Citizens United allows for the unlimited spending of corporations and labor unions on political expenditures and the limited disclosures of these campaign donors. This overturned precedent established in the 1990 case Austin v. Michigan Chamber of Commerce and the 2003 case McConnell v. Federal Election Commission, the respective rulings of which …

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole N. Snyder, Christine J. Villani

Education Faculty Publications

Case law is a tangible tool school leaders can consider when designing FBA and BIP policies to address social, emotional and behavioral challenges. In addition, one intangible consideration is nurturing the relationship between school leaders and parents. When school leaders, parents, and attorneys work collaboratively to support students who have behavioral needs in a reasonable and timely fashion, the student’s needs are addressed earlier, parents can become active participants in the child’s program, and school leaders can minimize the risk of using valuable resources in court costs and attorney fees.

The Pracademic And Academic In Criminal Justice Education: A Qualitative Analysis, James E. Mccabe, Stephen A. Morreale, John R. Tahiliani

Criminal Justice Faculty Publications

Over the past several years, a few hundred colleagues involved in criminal justice education have participated in panel discussions and roundtables to discuss the trials and issues that have been observed by practitioners turned academics, or “pracademics.” Some complained of having difficulty breaking into academia. A debate has occurred in a number of colleges and universities over the benefit of having faculty with traditional academic credentials versus hiring non-traditional scholars with a blend of educational and practical experience. Similarly, there have been lively discussions over the appropriateness of a J.D. or professional doctorate as opposed to a Ph.D. in criminal …

The Fourth Chief Justice Of The United States, John Marshall, Meagan Schantz

Writing Across the Curriculum

The fourth Chief Justice of the United States, John Marshall (1755-1835), served thirty-four years (1801-1835) in the United States Supreme Court. During his term, Marshall established a stable foundation for the United States Judiciary, which in turn increased the role and scope of the federal government. Marshall’s life and achievements are documented in the biography, The Great Chief Justice: John Marshall and the Rule of Law by Charles F. Hobson, the editor of The Papers of John Marshall.

The X Patents: Patents Issued Under The Patent Acts Of 1790 & 1793, Robert Berry

Librarian Publications

The earliest United States patents— sometimes called “name and date patents” because they were not numbered—are distinctive in many respects. Patent specifications were not required to include claims until the Patent Act of 1870. Moreover, while the 1790 Act required a substantive examination by a Patent Board, that requirement ended with the 1793 Act, when it was deemed too burdensome. Thereafter the evaluation of the sufficiency of patent specifications was left to the courts.

Researching The Early History Of The Patent Policy: Getting Started, Robert Berry

Librarian Publications

There are a lot of reasons to research the early history of American patent policy. It is an inherently interesting history that provides a framework making contemporary patent policy more comprehensible and a foundation for interpreting historic patent records. For students it provides an opportunity to become familiar with some of basic primary sources that are a staple of research into American history. Also, of course, questions may arise from time to time that can only be authoritatively answered by researching this history.

The approach described below seeks to balance comprehensiveness with feasibility, and emphasizes the importance of creating a …

Expression Is Camouflaged, Nicole Esposito

Government Undergraduate Publications

The freedom of expression in the American military is an ongoing issue, especially concerning the Don’t Ask, Don’t Tell policy, tattoo policy, and freedom of speech. In 1993, the Don’t Ask, Don’t Tell policy affected homosexuals serving in the military by restricting LGBT members from serving our country, resulting in issues that rippled throughout the country. This restriction was repealed in 2010, and controversy concerning the subject is ongoing.

Audit Committee Composition And Effectiveness: A Review Of Post-Sox Literature, Mahfuja Malik

WCBT Faculty Publications

The Sarbanes–Oxley act (SOX) was enacted to strengthen corporate governance practices in the United States; since SOX enactment, the audit committee has received increasing emphasis in accounting research. The main objective of this study is to review and synthesize the growing volume of audit committee literature in the post-SOX era. While summarizing the post-SOX literature, this study also focuses on selected pre-SOX studies to compare the research issues and findings of pre- and post-SOX literature and to show how governance reforms shape the literature’s domain. The extant audit committee literature reflects an enormous body of knowledge. Pre-SOX literature documents that …

Domestic Violence Victims - An Examination Of Advocates' Experiences And Impact On Services, Tanya M. Grant

Criminal Justice Faculty Publications

This qualitative study examines advocates’ phenomenological experiences with victims of domestic violence, specifically whether advocates’ personal biases impede the delivery of services to victims. Agencies and shelters in the communities that serve victims of domestic violence are an invaluable resource; however, if advocates are not providing appropriate services, victims can often find themselves in a more traumatic state. Ten domestic violence advocates throughout the State of Connecticut were interviewed and asked a series of questions pertaining directly to their day-to-day roles. The study also examined their attitudes about domestic violence, their perceptions of the work they do, and whether or …

Corporate Revenue Miscalculations & The Impact On Stakeholders, Karen Cascini, Alan L. Delfavero, Ryan Bezner

WCBT Faculty Publications

Corporate earnings restatements are regarded as one of the most significant issues in accounting today. While there are various factors that can influence profitability, revenue is the key contributor to a business’ net income. During the 2000s, a multitude of domestic and multinational corporations faced significant issues with their revenue recognition practices. Although the investing public might regard any revenue restatement as laden with possible fraud, this is not always the case. Multinational firms face dual accounting systems, such as U.S. Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS). Currently, similarities and differences between the accounting systems …

Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient issue due …

The Effectiveness Of Programs Tested In Juvenile Drug Courts, Ashley Tiedemann

Psychology Undergraduate Publications

The effectiveness of treatment programs used in juvenile drug courts within the United States is often questioned. The two research articles that will be discussed tested two different treatment programs in hopes that they would lead to more favorable outcomes than the programs currently in place.

Research into effective drug and alcohol treatment programs to be used within the juvenile justice system needs to be a priority. There are too many kids who get lost in the system, rather than helped. Both of these studies were conducted based on the same belief of how vital this research is. The “Enhancing …

Constitution Day 2012: The American Judiciary, Robert Berry

Librarian Publications

Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.

Invisible Discrimination: Employers & Social Media Sites, Richard L. Pate

WCBT Working Papers

With the advent and popularity of social networks sites, the boundaries of the relationship between the employer-employee/prospective employee have stretched well beyond the work-place and work-hours. Predictably, this relationship expansion has led to unchartered adversarial scenarios between the respective parties. Unfortunately, in this new, vibrant cyber world, traditional employment law considerations are struggling for deference and rumination. Notwithstanding this ostensible indifference, each phase of the relationship is heavily impacted by social network media. Applicant recruitment, information gathering and applicant selection stand to be impacted by the social network communications made by employees or prospective employees. This article examines whether present …

The Impact Of Connecticut's Clean Election Law: An Empirical Quick Look, A. E. Rodriguez, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

The State of Connecticut’s General Assembly passed a Clean Elections Law in 2005. In this paper we conduct a preliminary appraisal of the law’s performance based on recently published data on the voting results of the 2010 and 2008 state-wide office elections. The Clean Elections Law was considered among the most stringent in the nation at the time of its passage. It established full public financing for all elections to state offices, including the state legislature. The law applied to primaries as well as general elections. It allowed for supplemental monies in unbalanced contests pitting a privately-financed candidate against a …

Medical Deduction Allowed For In-Home Personal Use, Danny A. Pannese

WCBT Faculty Publications

The Tax Court held that payments made to an elderly woman's providers of personal care that she required due to her diminished capacity qualified as long-term-care services and were therefore deductible under IRC § 213(d)(1)(C). Lillian Baral was diagnosed with dementia by her physician in 2004. The court agreed with Baral's estate that the amounts paid to the caregivers for their services were deductible as qualified long-term-care services. Baral was chronically ill, and the care was medically necessary to protect her from threats to her health and safety, as determined by her physician. The court also held the amounts paid …

Introduction, The Constitution Of The State Of Connecticut, Gary L. Rose

Political Science & Global Affairs Faculty Publications

Gary Rose has written the introduction to The Constitution of the State of Connecticut, published by Sacred Heart University Press in 2011. This introduction outlines the history of the document drafted in "The Constitution State". The constitutional tradition can be traced to the Fundamental Orders of 1639, drafted by representatives from three Connecticut River towns. In 1662 the Fundamental Orders were replaced by a Royal Charter, formally recognizing Connecticut's system of self-government. Later, the Constitution of 1818 proved to be very effective and served the people of Connecticut until 1965, when a new constitution was again drafted and adopted. …

The Politics Of Reorganizing Connecticut State Government: Altering Administrative Structures In The Land Of Steady Habits, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

Despite numerous attempts to reorganize state government aimed at streamlining, reducing, and creating greater efficiencies, the size and scope of Connecticut’s administrative apparatus has grown considerably over a fifty year period. This study will trace the political history of previous reorganization efforts with a particular emphasis on more recent attempts such as the Gengras (1970), Filer (1976), Thomas (1991), and Hull and Harper Commissions (1992). Observed trends follow national patterns: 1) reorganization commissions are cyclical in nature more likely to be undertaken in the wake of similar efforts at the federal level and 2) they are more likely to be …

The Status Of Recognition And Enforcement Of Judgments In The European Union, Michael D. Larobina, Richard L. Pate

WCBT Working Papers

International trade and the free movement of people are inevitably followed by legal disputes. Such litigants require an efficient and predictable dispute resolution mechanism capable of handling cases between diverse nationals. An essential part of such mechanism is a clearly defined process of judgment enforcement across national boundaries. In the past several decades, the European Union (“EU”) has necessarily addressed judgment enforcement across the boundaries of its member nations (“Member States”). Citizens of the EU need to prosecute and defend their legal rights in their home and in other EU member states. Presently, the EU is, again, considering such issues …

Can Allocation By Sortition Resolve The Connecticut Education-Financing Impasse?, A. E. Rodriguez, Lesley Denardis

Political Science & Global Affairs Faculty Publications

It has been over 40 years since Connecticut amended its Constitution to ensure citizens a right to a free public education. Despite the constitutionally prescribed right, dramatic inequities in educational conditions continued to characterize the state's K-12 educational system, especially between suburban/rural white and urban minority school districts. In the 1970s plaintiffs challenged the prevailing mechanism for allocating education funds with a host of court cases that tackled the thorny question of how much financial responsibility the state should assume to equalize the spending disparities between school districts. Prodded by court decisions, many formulas and approaches have been proposed by …

Reemployment Under Userra Sections 4312 & 4313: At Will Employment Vs. Temporary Employment, Richard L. Pate

WCBT Faculty Publications

As thousands of service members return to the U.S., severe economic conditions render acclimation to civilian life especially difficult. In 2010, as the combat mission in Iraq approached an end, the unemployment rate of Iraq and Afghanistan era veterans had reached 13.1 percent. The Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301-4333 (1994) ("USERRA"), was enacted, in great part, to mitigate harms such as those caused by the aforementioned perfect storm. Among other things, USERRA protects service members by entitling them to reemployment after military service. More specifically, USERRA Sections 4312 & 4313 entitle returning service members …

The Evaluation Of The Implementation Of Fair Value Accounting: Impact On Financial Reporting, Karen Cascini, Alan Delfavero

WCBT Faculty Publications

The accounting industry is in a state of continuous change. In the United States, the historical cost principle has traditionally been the foundation of accounting. Until recently, assets and liabilities have been required to be recorded at their acquisition prices, with the exception of designated financial assets and financial liabilities. However, the Financial Accounting Standards Board (FASB) has now created accounting standards that are distant from the cost principle. Statement of Financial Accounting Standards No. 157: Fair Value Measurements, issued in September 2006 (FAS157, now codified as ASC 820) and Statement of Financial Accounting Standards No. 159: The Fair Value …

The International Implications Of Quality-Of-Life Policing As Practiced In New York City, Bruce D. Johnson, Andrew Golub, James E. Mccabe

Criminal Justice Faculty Publications

The New York City Police Department (NYPD) has made enforcement of laws against disorder and quality-of-life offenses a central part of its policing strategy. Concomitantly, New York City (NYC) experienced a renaissance in orderliness, cleanliness, tourism, real estate value, and crime reduction, although other problems such as poverty, unemployment, drug abuse, racial tensions, and homelessness persist. This paper examines quality-of-life policing practices in NYC, describes the philosophical underpinnings, explores the critical response to the program, and presents lessons of potential relevance to other policing organizations in the USA and around the world.

Court Of Federal Claims Upholds Additional Sui Credit, Danny A. Pannese

WCBT Faculty Publications

The article discusses the decision in a tax court case that plaintiffs in consolidated tax refund cases were entitled to an additional state unemployment insurance (SUI) credit against their Federal Unemployment Tax Act (FUTA) tax liabilities for years 1991-1996. The dispute in the tax court case of E.P. Talent Services LP was addressed in a year 2004 Court of Federal Claims decision. It was ruled that the SUI credit is capped at over five percent of the taxpayer's total FUTA wage base.

From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

Since the landmark school finance decision Serrano v. Priest (1971) ruled that California’s reliance on the property tax to finance public schools violated equal protection provisions in state and federal constitutions, a wave of school finance litigation swept the United States. Connecticut followed with Horton v. Meskill (1977) and most recently with CCJEF v. Rell (2005). The Connecticut State Supreme Court has been a key actor in the policy making process concerning school finance reform in Connecticut. This study will trace the history of school finance litigation in Connecticut and the evolving legal theories used to undergird major court cases. …

Plagiarism: The Legal Landscape, Robert Berry

Librarian Publications

In Chapter 10, Robert Berry discusses legal issues regarding plagiarism and academic cases of intellectual dishonesty.

From the Introduction: Colleges and universities with plagiarism policies that are fundamentally fair—and that are applied consistently—enjoy three significant advantages over those that do not. First, these schools enjoy greater legitimacy in the eyes of the people who must live with their decisions. They exercise genuine moral authority in their decision making, which is much more consistent with the goals of education, and they avoid the exercise of raw power that often accompanies ad hoc decision making. Second, educational institutions with fair policies are …

Backdated Stock Options Ownership Impact On The Corporation, Management, & Shareholders, Karen Cascini, Alan Delfavero

WCBT Faculty Publications

In the post-Sarbanes-Oxley Act (SOx) world, there has been an unprecedented crackdown on fraudulent activity occurring within corporate America. During recent years, many companies have granted stock options to their executives and employees as part of compensation packages. While the issuance of stock options as a component of compensation is considered to be a legal practice, corruption has taken this corporate resource to unlawful heights. Recently, numerous corporations have been in the news for potentially backdating stock options. Accordingly, the purpose of this paper is to distinguish between legal and illegal aspects of backdating stock options, and to examine the …

Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, Per G. Fredriksson, Stephan Gohmann, Khawaja Mamun

WCBT Faculty Publications

This article examines the effect of state level corruption on state beer taxes in the United States. Our lobby group model predicts that corruption reduces the beer tax, but this effect is conditional on the level of alcohol-related vehicle deaths. Using a panel of state level data from 1982 to 2001, we find that increased corruption is associated with lower state beer tax rates. The magnitude of the effect, however, declines with increases in alcohol-related traffic deaths. Our findings suggest that future empirical work estimating the effect of alcohol taxes on alcohol-related traffic fatalities should treat alcohol taxes as endogenous.