Social and Behavioral Sciences Commons^™

Denying Access To Legal Representation: The Attack On The Tulane Environmental Law Clinic, Robert R. Kuehn

Scholarship@WashULaw

When people require assistance to advance public interests, rather than private interests, the lack of legal representation is even more severe—less than .001% of lawyers in the legal profession are public interest lawyers. “Although recent data are unavailable, the best available estimates suggest that the number of full-time public interest lawyers is less than one attorney for every 240,000 Americans.” Citizens advancing issues of public concern often have no choice but to turn for free assistance from law school professors or one of the nation’s law school clinics.

Clinical Education For This Millennium: The Third Wave, Peter A. Joy, Margaret Martin Barry, Jon C. Dubin

Scholarship@WashULaw

This article focuses on the continuing transformation of legal education and the role of clinical legal education in training competent, ethical practitioners. Part I examines the primary challenges that clinicians confronted in the past: to create a clinical legal education teaching methodology and to establish viable, enduring clinical programs in law schools throughout the country. Part II discusses a variety of different models for integrating clinical methodology either throughout the curriculum or as a core feature of the curriculum. Part III analyzes a variety of the most pressing challenges and opportunities for clinical legal education and the larger enterprise of …

Apres Apprendi, Nancy J. King, Susan R. Klein

Vanderbilt Law School Faculty Publications

The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt. In a longer forthcoming article, we attempt to answer some of the profound questions raised by the case concerning constitutional oversight of legislative authority to define what is a "crime," questions that will ripen over the years as legislatures look for ways around the rule and litigants test these legislative …

Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo

Scholarship@WashULaw

In two 1996 decisions involving equitable subordination of claims in bankruptcy cases, United States v. Noland and United States v. Reorganized CF&I Fabricators of Utah, Inc., the Supreme Court did not answer the question of whether a bankruptcy court must find creditor misconduct before it equitably subordinates a creditor's claim. This Note argues that the Court should have established a bright-line rule that requires such a finding, using prepetition, nonpecuniary loss tax penalty claims of the IRS as a model. After showing that, as codified in the Bankruptcy Code, the doctrine of equitable subordination requires a finding of creditor misconduct, …

Addiction And Causation, Michael Corrado

San Diego Law Review

Is it possible for a compatibilist to capture the notion of a choice that is resistible but very, very hard to resist? And, along the same lines, is it possible for the compatibilist to capture the notion of degrees of responsibility, of greater or lesser moral responsibility? Of course, duress may lessen responsibility, and in general the aversiveness of the alternatives facing an agent may lessen her responsibility for an action: The more aversive the alternatives, the less responsible the agent-or at least the less inclined we are to punish the agent. That way of ranking responsibility is clearly intelligible …

A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West

Faculty Scholarship

There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.

Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …

The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn

San Diego Law Review

American society and law display a deep reverence for the group, as long as it assumes corporate or quasi-corporate form. This reverence is not fleeting; rather, it has deep historical roots. In fact, it was there before the republic came into being and it played a profound role in the founding of the nation. Moreover, these roots are not only traditional, but philosophical and religious as well. This Article explores those roots, with three goals in mind. First, to correct the mistaken notion that American law has historically demonstrated a commitment to the individual at the expense of the group, …

What We Do When We Do What We Do And Why We Do It, Leo Katz

San Diego Law Review

But what exactly am I talking about when I speak of symmetry and asymmetry in law and ethics? It may be clear enough what those notions mean in geometry, but how are they to be understood in law, or

for that matter in ethics, more generally? Let me start with symmetry- its meaning and the benefits of exploring it. Rather than try to define the

term, however, I will offer what I think is a pretty self-explanatory example of the phenomenon as it arises in law and ethics. It is an example that has fascinated me for quite some time: …

Theory Minimalism, Stanley Fish

San Diego Law Review

We must begin with a sense of what theory is, and I shall derive mine from a question Herbert Wechsler often put to his students. "Ask yourself," he would say, "'Would I reach the same result if the substantive interests were otherwise?"" The challenge of the question is to the student who has determined where the right lies in a disputed matter, and who now must demonstrate that, even if every circumstantial particular of the case were varied-if the plaintiff were a woman instead of a man, if the object of hate speech was a descendant of someone who came …

Theory's A What Comes Natcherly, Larry Alexander

San Diego Law Review

So what kind of theorizing do we do in law? First, we do empirical, predictive theorizing. We form hypotheses about how the world will be affected by various rules of law, because of their content and form, and by the design of our legal institutions. These hypotheses can be confirmed or falsified. We also form hypotheses about how particular judges will decide future cases, or how legislatures and agencies will react to various proposals. When we do legal history, we reason backwards from effects and form hypotheses about their causes. The second type of theorizing we do is normative. In …

Deontology At The Threshold, Larry Alexander

San Diego Law Review

In his 1989 law review article, Torture and the Balance of Evils,' later republished as Chapter Seventeen in Placing Blame, Michael Moore declares himself to be a "threshold deontologist." What he means is this: There are some acts that are morally wrong despite producing a net positive balance of consequences; but if the positive balance of consequences becomes sufficiently great-especially if it does so by averting horrible consequences as opposed to merely making people quite well off-then one is morally permitted, and perhaps required, to engage in those acts that are otherwise morally prohibited. Thus, one may not kill or …

Retribution In Criminal Theory, Douglas N. Husak

San Diego Law Review

I will focus on three separate but intimately related dimensions of what I have identified as Moore's central theme. In Part H, I examine his views

about the data from which a theory of the criminal law is to be constructed. In Part I, I discuss his account of the rationale of punishment. In Part IV, I scrutinize his defense of legal moralism as a theory of legislative aim. I express general misgivings about the extraordinarily central place Moore affords retribution in his account of the criminal law as it exists today. I want to stress at the outset, however, …

Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders

San Diego Law Review

In response to the myriad new methods of copying that are emerging from the ongoing digital revolution, Congress has enacted several amendments to copyright law.' These statutes have sought to protect copyright holders in the digital age without chilling the development of new technologies or interfering with consumer access to copyrighted works. Specifically, the Audio Home Recording Act of 1992 ("AHRA") recognized the tremendous potential for piracy created by consumer access to digital audio recording devices. The purpose of the AHRA is not only to prevent infringing acts, but also to compensate copyright holders for the inevitable instances of illicit …

The Double Edged Sword Of Depersonalization: An Examination Of Depersonalization's Role In The Police Profession, Michael J. O'Connor

Dissertations and Theses @ UNI

The role of depersonalization is the central focus of this study. A major issue in examining the role of depersonalization is whether the present concept of burnout is an appropriate indicator of bumout for police officers. The commonly accepted conception of burnout is a process of emotional exhaustion that leads to depersonalization, followed by a reduction in work accomplishment. Depersonalization, by this conception, is a symptom of burnout. By definition,depersonalization is the psychological distancing of emotional and psychological trauma in stressful situations—a coping technique.

For police officers, depersonalization acts as a shield of emotional armor to maintain a sense of …

Justice Or Differential Treatment? : Adult Offenders With An Intellectual Disability In The Criminal Justice System, Judith Cockram

Theses: Doctorates and Masters

The purpose of the study was to present a thorough examination of the extent of participation of adult offenders with an intellectual disability within all levels of the criminal justice system in Western Australia, that is, from arrest to charge, to court appearance and finally to conviction. Western Australia provides a unique opportunity to examine the operations of the criminal justice system, because it possesses comprehensive computerised data sources on offenders, and by utilising the State central register on people with disabilities; it was possible to include in the study a significant proportion of those people with an intellectual disability …

Broadly Speaking - December, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Effects Of A Cognitive Restructuring Program On Inmate Institutional Behavior, Agnes L. Baro

Peer Reviewed Publications

Although research suggests that cognitive restructuring programs reduce recidivism, little is known about the effects of such programs on institutional behavior. This study compared randomly selected inmates who participated in other self-help programs and randomly selected inmates who participated in the first phase of a cognitive restructuring program with inmates who had been in the second phase for at least 6 months. The total sample size was 123. Findings suggest that participation in the first phase appears to reduce refusals to obey a direct order, whereas participation in the second phase appears to reduce assaults.

Officer Involved Shooting: The Emotional Impact And The Effective Coping Strategies, Patrick P. Charoen

UNLV Theses, Dissertations, Professional Papers, and Capstones

The emotional impact of a shooting incident on the individual police officer has been recognized and detailed by both police and mental health professionals (Lippert & Ferrara, 1984). The human cost and financial costs to Police Departments as a result of "post shooting" trauma has sensitized many departments to the need for professional support for officers involved in shootings. Recent survey research has provided information about the percentage of officers who experienced great, moderate, or no emotional impact after being involved in shootings (Stratton, 1982). However, information about the degree to which police departments have responded to this need has …

A Comparison Of The Establishment Of The Organizational Structure Of A Citizen Review Board At The Las Vegas Metropolitan Police Department And The City And County Of Denver Public Safety Review Commission, Glenn Glover

UNLV Theses, Dissertations, Professional Papers, and Capstones

The study focuses on the issue of establishing a citizen review board at the Las Vegas Metropolitan Police Department (LVMPD) for the purpose of reviewing allegations of misconduct. With the recent increase of police officer misconduct the LVMPD has come under a great deal of scrutiny by residents of the community. The credibility of the department has been jeopardized as a result of the current complaint investigations process which is conducted by the Internal Affairs Bureau. Community activist have demanded that a citizen review board be established to investigate complaints of police misconduct. The purpose of setting up a citizen …

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Reporting Crimes Against Juveniles., David Finkelhor, Richard Ormrod

Crimes Against Children Research Center

The American justice system is in the midst of an effort to evaluate and reform its handling of the criminal victimization of children and youth. Juveniles are unusually vulnerable to crime victimization (Hashima and Finkelhor, 1999), but concerns have been raised about the effectiveness and sensitivity of the justice system’s response to these crimes. The findings presented in this Bulletin indicate that a majority of victimizations of juveniles ages 12 to 17 are not being reported to police or other authorities. Even serious victimizations involving weapons and injury are significantly less likely to be reported when they happen to juveniles …

Broadly Speaking - October, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Brief Statement Of Balance For Division Of Women And Crime, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

Brief statement of the Division of Women and Crime's balance as of 8/31/99.

Broadly Speaking - August 19, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Relationship Between Homicidal Fantasies And Dangerousness, James C. Peterson

All-Inclusive List of Electronic Theses and Dissertations

Aggressive behavior is a serious problem in the United States and has been studied from a variety of perspectives. Psychologists in many different settings are frequently asked to assess the risk of future dangerous behavior by individuals. Due to their important role, research into the prediction of dangerousness has dramatically increased in the past ten years. However, to date, research has offered few reliable predictors that can be used in such assessments. This exploratory study was designed to examine whether homicidal fantasies can be used to reliably discriminate between violent and non-violent individuals. Undergraduate male students (N=l42) completed a questionnaire …

Swat In The Commonwealth: Trends And Issues In Paramilitary Policing, Peter B. Kraska

Kentucky Justice and Safety Research Bulletin

Movies and television shows depicting a future where law enforcement officers look like military soldiers may not be wholly inaccurate. In the last ten years, SWAT teams, or "police paramilitary units" (PPC's) have become an influential force in contemporary policing.

Academic research and the news media have recently taken note of this development and have highlighted several important trends and issues related to paramilitary policing. These include the rapid growth of PPU's, their movement into mainstream police functions and the potential negative consequences of such a shift. This study overviews national trends in paramilitary policing using two national surveys. It …

Considerations For An Effective Telecommunications-Use Policy, Michael E. Whitman, Anthony M. Townsend, Robert J. Aalberts

Faculty Articles

Recent changes in federal telecommunications legislation have underscored the importance of an up-to-date and effective telecommunications-use policy in business organizations. With the proliferation of the Internet, intranets, and email as commonplace business tools, the potential for misuse and subsequent liability has become an increasing concern. Even though the recent Supreme Court decision struck down the obscenity provisions of the Communications Decency Act (CDA), it left intact legislation that effectively mandates development of a sound telecommunications-use policy. In addition to potential liability for systems misuse, organizations have also had to address issues of individual employee privacy within the new systems.

This …

Probation Policies, Corrections Laws, And Sentencing Guidelines Systems: An Application Of Weber's And Ritzer's Typologies, Edward G. Simmons, Jr.

Theses & Honors Papers

The purpose of this thesis is to apply and extend the Weberian and Ritzerian typologies of formal rationality and “McDonaldization” to explain the development of Virginia’s sentencing guidelines system, recent changes in probation and parole policies, and changes in Virginia’s corrections laws. The theories of formal rationality and bureaucracy were utilized in a qualitative methodological approach. The present research suggested that the previously mentioned developments and changes were not a repudiation of earlier rehabilitative models nor were they an effort to move toward punitive correctional models. Rather, the changes were implicitly rationalized or “McDonaldized” the affected systems and procedures.

Video Games And Teen Violence: Is It Related?, Lynn Marlene Tomaro

Graduate Student Dissertations, Theses, Capstones, and Portfolios

A research study was conducted involving parents feedback on whether they felt video games were related to teen violence. Despite technologies efforts to promote computer and video games in a positive mode by focusing on forms such as "developing important skills as concentration and problem-solving in children", the violent acts contained in these games are downplayed and basically defended by the makers of the games.

Teen violence has escalated in the past several years with the school shootings being in the forefront. The mention of video games and lack of parental supervision has become the focus of this violent behavior, …

The Structure And Properties Of Methylenetetrahydrofolate Reductase From Escherichia Coli Suggest How Folate Ameliorates Human Hyperhomocysteinemia, Brian D. Guenther, Christal A. Sheppard, Pamela Tran, Rima Rozen, Rowena G. Matthews, Martha L. Ludwig

Nebraska College of Law: Faculty Publications

Elevated plasma homocysteine levels are associated with increased risk for cardiovascular disease and neural tube defects in humans. Folate treatment decreases homocysteine levels and dramatically reduces the incidence of neural tube defects. The flavoprotein methylenetetrahydrofolate reductase (MTHFR) is a likely target for these actions of folate. The most common genetic cause of mildly elevated plasma homocysteine in humans is the MTHFR polymorphism A222V (base change C677→T). The X-ray analysis of E. coli MTHFR, reported here, provides a model for the catalytic domain that is shared by all MTHFRs. This domain is a β₈α₈ barrel that binds FAD …