Law and Society Commons^™

Client Selection, Lynn M. Mather

Contributions to Books

Published as Chapter 6 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song.

The Songs Of Other Birds, Anya Bernstein

Contributions to Books

Published as Chapter 14 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song, Mary Nell Trautner, ed..

In this essay, written for a volume that re-engages with David Engel's classic article, The Oven Bird's Song, I consider how we decide how to situate what we encounter in our research. Comparing the findings of my own research in Taipei with Engel's work in Thailand and America, I ask how we can decide to give different interpretations of seemingly similar social phenomena -- specifically, our interlocutors' evident distaste for invoking the law.

Although many of my interlocutors in Taiwan expressed …

Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel

Law School Blogs

No abstract provided.

Sb 219 - Autonomous Vehicles, W. Perry Hicks, Alan J. Ponce

Georgia State University Law Review

The Act amends Georgia’s Motor Vehicles and Traffic Code to create a legal framework for autonomous vehicles to operate in Georgia. Persons responsible for operating fully autonomous vehicles are exempted from holding a driver’s license. In the event of an accident involving an autonomous vehicle, the vehicle must remain at the scene and the operator of the autonomous vehicle must provide necessary information to law enforcement. Minimum liability insurance requirements for autonomous vehicles will be the same as minimum coverages required for the taxi and limousine industry after January 1, 2020. Minimum coverages are set at 250 percent of those …

Hb 338 - Turnaround Elligible Schools, Eleanor F. Miller, Heather E. Obelgoner

Georgia State University Law Review

The Act creates the position of Chief Turnaround Officer (CTO) and authorizes the State Board of Education, in collaboration with the State School Superintendent and the Education Turnaround Advisory Council, to search for and appoint the CTO. The CTO has the authority to recommend individuals to serve as turnaround coaches upon approval by the state board. The Act defines the term “turnaround eligible schools” and identifies factors upon which the CTO may identify such schools. The Act provides procedures by which the CTO and turnaround coaches shall intervene in such schools. The Act creates the Education Turnaround Advisory Council, which …

Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr.

Georgia State University Law Review

The Act redefines and broadens protection for public safety officers who are subjected to violent attacks while engaged in their duties. The Act creates original jurisdiction and stiffens penalties for juvenile offenders charged with violent crimes. The Act also increases indemnification payments made to the surviving spouse of a law enforcement officer who loses his or her life in the line of duty.

Sb 174 - Probation And Early Release, Andrew J. Navratil, Jobena E. Hill

Georgia State University Law Review

The Act amends Georgia’s probation laws by shortening the amount of time offenders spend on probation, providing local supervision, and creating a more efficient use of resources within the criminal justice system. The Act permits the transfer from parole to probation and the use of local supervision for certain offenders. The Act also allows for early release of probationers who meet the terms of their probation. The Act creates a process to automatically generate a request for early termination of probation for certain low-level offenses after the offender successfully completes three years of probation.

Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn

Georgia State University Law Review

The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 Chapter 2 …

Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz

Georgia State University Law Review

The bill would have repealed and replaced Georgia’s Power of Attorney for the Care of a Minor Child Act. The category of people who could be given power of attorney for the care of a minor child would have expanded from only grandparents and great-grandparents to a broad category of the child’s relatives, and anyone associated with a non-profit organization focused on child or family services or a licensed child-placing agency.

Hb 249 - Controlled Substances And Prescription Drug Monitoring Database, Emily R. Polk, Brandon M. Reed

Georgia State University Law Review

The Act amends Georgia’s controlled-substances statutes to expand medical provider requirements to record prescription drug information in an electronic prescription drug monitoring program database (PDMP). Medical providers are now required to use the PDMP to enter information about their prescription of certain types and quantities of opioids. The purpose of the act is to fight Schedule II opioid abuse throughout the state of Georgia. A medical provider’s failure to report required information is reported to his or her respective state regulatory board for possible reprimand. In addition to mandatory reporting, the Act includes various other provisions related to regulating opioid …

Sb 104 - Carjacking, Fentanyl And "Upskirting", Katherine H. Krouse, Lauren R. Light

Georgia State University Law Review

The Act includes various amendments to Georgia’s criminal code. Three changes are most notable. First, the Act designates the offense of hijacking a motor vehicle as hijacking a motor vehicle in the first degree and creates the offense of hijacking a motor vehicle in the second degree. Second, the Act criminalizes the use of a device to film underneath or through an individual’s clothing. Lastly, the Act adds the drug Fentanyl and its various analogs to the list of controlled substances.

Localism, Labels, And Animal Welfare, Samuel R. Wiseman

Northwestern Journal of Law & Social Policy

The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanely-raised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …

Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler

Northwestern Journal of Law & Social Policy

No abstract provided.

Newsroom: From Farm To School 1-2-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Foreword: Shall These Bones Live? Resurrecting Truth In American Law And Public Discourse, Wilson Huhn

Duquesne Law Review

No abstract provided.

Finding The Truth, Louise Antony

Duquesne Law Review

No abstract provided.

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Duquesne Law Review

No abstract provided.

James Wilson, Necessary Truths, And The Foundations Of Law, Justin Buckley Dyer

Duquesne Law Review

No abstract provided.

Identifying "Truth" In American Public Discourse, Alina Ng Boyte

Duquesne Law Review

No abstract provided.

Truthfulness As An Ethical Form Of Life, W. Bradley Wendel

Duquesne Law Review

No abstract provided.

Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell

Faculty Scholarship

No abstract provided.

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Innovative Justice: Federal Reentry Drug Courts – How Should We Measure Success?, Timothy D. Degiusti

Duke Law Master of Judicial Studies Theses

In response to the drug abuse and addiction epidemic in the United States, innovative ways of dealing with non-violent drug offenders within the criminal justice system began to emerge in the late 1980s. Special court dockets – commonly referred to as drug courts – were developed featuring an interdisciplinary team of criminal justice and mental health professionals, led by a presiding judge. Drug courts and other problem-solving courts have proliferated within the state court system, numbering 3,057 by the end of 2014. The use of such courts is expanding among the states, but the federal courts have been slow to …

Localism, Labels And Animal Welfare, Samuel R. Wiseman

Scholarly Publications

The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …

Isolation Of Mitochondrial Dna From Single, Short Hairs Without Roots Using Pressure Cycling Technology, Kathryn A. Harper, Kelly A. Meiklejohn, Richard T. Merritt, Jessica Walker, Constance L. Fisher, James M. Robertson

United States Department of Justice: Publications

Hairs are commonly submitted as evidence to forensic laboratories, but standard nuclear DNA analysis is not always possible. Mitochondria (mt) provide another source of genetic material; however, manual isolation is laborious. In a proof-of-concept study, we assessed pressure cycling technology (PCT; an automated approach that subjects samples to varying cycles of high and low pressure) for extracting mtDNA from single, short hairs without roots. Using three microscopically similar donors, we determined the ideal PCT conditions and compared those yields to those obtained using the traditional manual micro-tissue grinder method. Higher yields were recovered from grinder extracts, but yields from PCT …

A Review And Conceptual Model Of Factors Correlated With Postmortem Root Band Formation, Joseph Donfack, Hilda S. Castillo

United States Department of Justice: Publications

It is generally accepted within the forensic trace evidence community that a postmortem root band (PMRB) can appear in the root of hairs attached to remains during decomposition. Presently, the specific sequences of events and/or exact molecular signals that lead to the formation of a PMRB are not well understood. The published literature addressing the abiotic and biotic factors that correlate with the formation of PMRBs is reviewed and a conceptual model for the formation of PMRBs is proposed.

Science‐Based Interviewing: Information Elicitation, Susan E. Brandon, Simon Wells, Colton Seale

United States Department of Justice: Publications

This article describes an ethical and effective science‐based model of interviewing. An initial planning phase assists the investigative team in separating facts from inferences, decreases the likelihood of errors based on cognitive biases, and prompts careful preparation of the environment. The interview begins with an explanation of why the subject is being questioned. The interviewer then metaphorically hands the interview over to the subject, making him the talker and the interviewer the listener. The interviewer engages in active listening, soliciting as much information from the subject as possible by deploying tactics that enhance memory based on science, including elements of …

Criminal Thinking, Psychiatric Symptoms, And Recovery Attitudes Among Community Mental Health Patients, Nicole R. Bartholomew, Robert D. Morgan, Sean M. Mitchell, Stephanie A. Van Horn

United States Department of Justice: Publications

Research suggests it is important to consider criminogenic needs among individuals with severe mental illness. This study aimed to determine the severity of criminal thinking in community-based clinical samples, understand the association between criminal thinking and psychiatric and criminal justice outcomes, and compare these associations between consumers enrolled in Assertive Community Treatment (ACT) and Forensic Assertive Community Treatment (FACT) programs. Participants (N = 234) were male and female consumers enrolled in ACT and FACT programs in five states. Results revealed no significant differences in criminal thinking when comparing participants by program type or history of criminal justice involvement. There …

Integration Of Paper Spray Ionization High‐Field Asymmetric Waveform Ion Mobility Spectrometry For Forensic Applications, Chia-Wei Tsai, Christopher A. Tipple, Richard A. Yost

United States Department of Justice: Publications

Rationale: Paper spray ionization (PSI) is an attractive ambient ionization source for mass spectrometry (MS) since it allows the combination of surface sampling and ionization. The minimal sample preparation inherent in this approach greatly reduces the time needed for analysis. However, the ions generated from interfering compounds in the sample and the paper substrate may interfere with the analyte ions. Therefore, the integration of PSI with high‐field asymmetric ion mobility spectrometry (FAIMS) is of significant interest since it should reduce the background ions entering the mass analyzer without complicating the analysis or increasing analysis time. Here we demonstrate the integration …

Development And Validation Of A Solid Phase Extraction Sample Cleanup Procedure For The Recovery Of Trace Levels Of Nitro-Organic Explosives In Soil, Jennifer L. Thomas, Christopher C. Donnelly, Erin W. Lloyd, Robert F. Mothershead Ii, Mark L. Miller

United States Department of Justice: Publications

An improved cleanup method has been developed for the recovery of trace levels of 12 nitro-organic explosives in soil, which is important not only for the forensic community, but also has environmental implications. A wide variety of explosives or explosive-related compounds were evaluated, including nitramines, nitrate esters, nitroaromatics, and a nitroalkane. Fortified soil samples were extracted with acetone, processed via solid phase extraction (SPE), and then analyzed by gas chromatography with electron capture detection. The following three SPE sorbents in cartridge format were compared: Empore^TM SDB-XC, Oasis HLB, and Bond Elut NEXUS cartridges. The NEXUS cartridges provided the best …