Legal Studies Commons^™

Reflections On Ranganathan’S Five Laws Of Library Science, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

This article is adapted from a column that I wrote for Legal Assistant Today in 1996. The column’s audience was legal assistants, some of whom, I discovered over my seven years as a columnist for the publication, had responsibility for managing law firm libraries or library resources in addition to their other duties. So from time to time my column drifted into advice about managing libraries. This particular column came about at a time when I was mentoring some younger librarians and discovered to my surprise that they did not know of Ranganathan’s Five Laws of Library Science. When I …

Divisionews (Summer 2003, Issue 12), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

“Bin Laden’S Brain”: The Abrasively Negativistic Personality Of Dr. Ayman Al-Zawahiri, Aubrey Immelman, Kathryn Kuhlmann

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of Ayman al-Zawahiri, deputy leader of the al-Qaida terrorist network at the time of the September 11, 2001 terrorist attack on the United States and allegedly chief strategist for al-Qaida operations and personal physician to Osama bin Laden.

Al-Zawahiri’s primary personality patterns were found to be Contentious/oppositional and Dominant/controlling, with secondary features of the Dauntless/dissenting and Ambitious/self-serving patterns.

The amalgam of Contentious (negativistic, or passive-aggressive) and Dominant (aggressive, or sadistic) patterns in al-Zawahiri’s profile suggests the presence of the “abrasive negativist” syndrome. For these personalities, minor frictions easily …

Tenure, Devon W. Carbado, Mitu Gulati

Journal of Legal Education

No abstract provided.

The Consequences Of Race-Blindness: Revisiting Prediction Models With Current Law School Data, Linda F. Wightman

Journal of Legal Education

No abstract provided.

It's Not Just For Law School Anymore: Clinical Education On The Death Penalty For Undergraduates, Jon Gould

Journal of Legal Education

No abstract provided.

Misguided Instructions: Do Jurors Accurately Understand The Law In Death Penalty Trials?, Chasity Anne Stoots-Fonberg

Electronic Theses and Dissertations

The Sixth Amendment of the U.S. Constitution guarantees individuals’ right to trial by an impartial jury. However, empirical research indicates that the jury system is flawed, especially regarding judicial sentencing instructions. More specifically, jurors frequently misunderstand or misinterpret State patterned instructions. On a more encouraging note, there is evidence that comprehension of jury instructions can be improved. Thus, this research assessed improvement in juror comprehension using revised sentencing instructions. For the current investigation, participants included 201 volunteers called for jury duty in Western Tennessee. Data were generated via a questionnaire, which allowed for the collection of information relating to participants’ …

Trends. Aviation Security: Thinking About Capps, Capps Ii, And Beyond, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses computer assisted passenger prescreening systems (CAPPS) and aviation security.

The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel

Journal Articles

No abstract provided.

No African-American Lawyers Allowed: The Inefficient Racism Of The Aba's Accreditation Of Law Schools, George B. Shepherd

Journal of Legal Education

No abstract provided.

Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The aim of this article is to bring to the attention of the international nursing community the discrepancy between a pervasive ‘caring’ nursing discourse and the most unethical nursing practice in the United States. In this article, we present a duality: the conflict in American prisons between nursing ethics and the killing machinery. The US penal system is a setting in which trained healthcare personnel practices the extermination of life. We look upon the sanitization of death work as an application of healthcare professionals’ skills and knowledge and their appropriation by the state to serve its ends. A review of …

Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero

Brigham Young University Journal of Public Law

No abstract provided.

Confidence And The Constructive Trust, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Almost every leading work on the law of confidence mentions the possibility ofa declaration of a constructive trust as a remedy for a claim involving an abuseof confidence. Apart from the Canadian Supreme Court, no other appellatecourt in the Commonwealth has seriously debated this issue. This paperinvestigates the legitimacy of the use of the constructive trust in this context.

Finding The Feathers In “Birds Of A Feather”: An Antiterrorist And Counterterrorist Dilemma In Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article describes a significant challenge for intelligence analysts attempting to identify individuals, groups, and organizations that have joined, are joining, or will join forces in terrorist enterprises.

Weapons Of Mass Victimization, Radioactive Waste Shipments, And Environmental Laws, James D. Ballard, Kristine Mullendore

Peer Reviewed Publications

Transnational and domestic terrorists may employ unconventional weapons of mass destruction and/or mass contamination in their future operations against governments. These asymmetrical tactics may include nuclear, chemical, and biological weapons designed to produce panic and disruption in daily life. This article addresses several of the myriad legal and practical issues relative to potential radiological weapons. Several suggestions as to local-level policy are offered and discussed. Among these suggestions are the need for local law enforcement and policy decision makers to formally recognize the potential use of radiological weapons of mass contamination and the need to develop both protection strategies for …

The Right To Education Under The South African Constitution, Eric Berger

Nebraska College of Law: Faculty Publications

The South African Constitution epitomizes a new breed of modern constitution, enshrining socioeconomic rights rather than only "negative" liberties. Among these is the right to education. However, despite the Constitution's progressive values, many South African schools remain inadequate. This Note argues that, given the opportunity, the South African Constitutional Court should hold the current educational system unconstitutional as applied to the worst schools. Constitutional text, purpose, and precedent, indeed, mandate this outcome. Moreover, vindicating the constitutional right to education will help South Africa attain other social and economic goals. However, in keeping with its other socioeconomic rights cases, the Court …

Multijurisdictional Practice For A Multijurisdictional Profession, Susan Poser

Nebraska College of Law: Faculty Publications

The issue of multijurisdictional practice ("MJP") concerns whether, and to what extent, lawyers can practice law in states in which they are not licensed. Under current law in Nebraska and almost every other state, it may be a violation of both the ethics rules and state law for a lawyer not licensed in that state to engage in activity that constitutes the practice of law, even on a temporary basis. This is law that is no longer practical or necessary and Nebraska should now consider modifying it.

Challenging The Four "Truths" Of Personal Social Security Accounts: Evidence From The World Of 401(K) Plans, Colleen E. Medill

Nebraska College of Law: Faculty Publications

This Article discusses the final recommendations of the President's Commission to Strengthen Social Security concerning the proposed creation of a system of personal Social Security accounts. The Article critically evaluates the Commission's findings (the four "Truths") in light of numerous research studies concerning participant-directed 401(k) plans. The Article claims that Truth #1, the assertion that all workers will be better off in terms of total benefits from the combination of traditional Social Security and personal account benefits, is based on unrealistic assumptions concerning how workers choose to diversify their investments. The 401(k) plan research evidence suggests that, due to their …

Master Of Science Criminal Justice Institute, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

The Effectiveness Of The Secondary Weapon Of The West Virginia State Police, Jesse Andrew Davis

Theses, Dissertations and Capstones

The present study examines the effectiveness of the West Virginia State Troopers’ secondary weapon, Oleoresin Capsicum (OC) pepper spray (CAP-STUN®), as a means of alternative use of force for non-cooperative subjects. The WV State Police have adopted OC in an effort to reduce the number and severity of injuries sustained by suspects. This method was adopted as an optional means to effect arrests through non-lethal force. The use of OC can control and restrain individuals while causing the least possible harm to the individuals without increasing danger to troopers or others. Questionnaires were sent to West Virginia State Troopers for …

Title Ix Compliance: Non-Appalachian Versus Appalachian In Colleges And Universities, Monica Corbo

Theses, Dissertations and Capstones

The purpose of this study was to see if economic status of the region was related to a difference in Title IX compliance rates among schools. NCAA Division I-A and IAA schools were studied in non-Appalachian and Appalachian regions. The female and male ratings of students to student athletes were derived and compared according to three variables; (1) division, (2) region and (3) division x region. In order to be in compliance the overall female and male ratings should be similar. The outcome of the overall female and male ratings showed a significant difference, favoring males. Therefore, Title IX compliance …

Identity Theft Awareness In North Central West Virginia, Gwendolyn Lea Goodrich

Theses, Dissertations and Capstones

Identity theft occurs when an individual "takes over" the identity of another without that person's consent or when someone uses bits and pieces of information about an individual to represent himself or herself as that person for fraudulent purposes. The simplicity of gathering personal identification through technology enhancements has made identity theft reportedly the fastest growing crime in the U.S. The latest report indicates, through a national survey, that 20 percent of Americans are victims of identity theft. However, the impact of this growing crime has not been assessed in North Central West Virginia, where this study occurred. The theory …

Legal Issues In Ncaa Intercollegiate Athletics, Craig Sanderson

Graduate Research Papers

This paper reviews legal issues related to NCAA intercollegiate athletics. More specifically, the paper will discuss Title IX, discrimination against student athletes with disabilities, drug testing, and other of today's highly publicized legal issues. Legal issues of smaller athletic associations such as the National Association of lntercollegiate Athletics (NAIA) are not addressed in this paper. Rather, the focus is on NCAA institutions, particularly large member institutions at which legal issues have surfaced.

Investor Skepticism V. Investor Confidence: Why The New Research Analyst Reforms Will Harm Investors, John L. Orcutt

Law Faculty Scholarship

Part I of this Article provides an overview of research analysts and their basic functions, including a discussion of sell-side analysts' role in the market's recent boom and bust. Part II examines the conflicts of interest that have plagued sell-side research, and Part III reviews the Regulatory Actions that are meant to address these conflicts. In Part IV, the author will make the case for encouraging, rather than lessening, investor skepticism in sell-side research and will explain why the Regulatory Actions are not likely to improve the performance of sell-side analysts. Finally, Part V will offer a simpler proposal to …

Adult Crime, Adult Time: Punishing Violent Youth In The Adult Criminal Justice System, David Myers

Criminal Justice Faculty Publications

Contemporary concerns about youth violence and related legislative reforms have resulted in greater numbers of adolescent offenders being handled in the adult criminal justice system. Although some past research suggests that juveniles transferred to adult court often receive somewhat lenient treatment, more recent studies focusing on violent youthful offenders have found the adult system to be more punitive in nature. This study examined this issue for 557 violent youths fromPennsylvania, of which 138 were judicially waived to adult court. Statistical analyses revealed that, in terms of punishment certainty, severity, and swiftness, juveniles transferred to adult court were treated more harshly …

Chicken Little, Three Blind Men And An Elephant, And “Racial Profiling”: A Commentary On The Collection, Analysis, And Interpretation Of Traffic Stop Data, Angela D. Crews

Criminal Justice Faculty Research

This paper discusses the collection, analysis, and interpretation of police traffic stop data. The focus primarily is on the theoretical, statistical, and practical determination of whether law enforcement is engaging in “racial profiling.” One of the most controversial components of research in this area relates to the “baseline” or comparison group. Researchers struggle with determining whether agencies are engaging in “racial profiling” when making traffic stops without some measure of what the world would look like in the absence of “racial profiling.” We know what is, but how can we know what should be? A model is proposed that …

Toward A Criminology Of International Crime, Mark A. Drumbl

Scholarly Articles

The criminal adjudication of those who perpetrate egregious human rights violations has gained normative currency among international lawyers and rights activists. This norm has encouraged the construction of a variety of international legal institutions, specifically tribunals and courts. This Article tracks the logic of this norm and suggests that, at its root, it represents a general extension of Western municipal criminal law, and Anglo-American common law methodologies in particular, to the international context and cases of mass violence. This triggers two interrelated concerns: is this extension (1) theoretically sustainable and (2) operationally effective for adjudicating wrongdoing in all cases of …

The Recidivism Of Violent Youths In Juvenile And Adult Court: A Consideration Of Selection Bias, David Myers

Criminal Justice Faculty Publications

Contemporary research suggests that increased efforts to transfer juveniles to the adult criminal justice system may backfire, as waived youths generally exhibit greater recidivism as compared to similar offenders retained in juvenile court. One concern with this research is the possibility of selection bias, meaning that the findings could be explained as merely a simple consequence of the highest risk youth being transferred. This study examined this issue for 494 violent youths from Pennsylvania, of which 79 were waived to adult court and 415 were retained in juvenile court. The likelihood, seriousness, and timing of their recidivism were analyzed, with …

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.