Legal Studies Commons^™

How To Blow Up A Wal-Mart Without Getting Caught And Without Blowing It Up: An Exploration Of Social Protest, Change, And Crime On Stage A, Mike Duffy '11

Honor Scholar Theses

The idea for this play was first hatched in June of 2010. It was summer in Greencastle and with no cable TV and no air-conditioning my roommate and I found the time for many heated, interesting discussions. My roommate was a particularly enterprising individual; his goal was to start a business on the town square, open a convenience store that would tap into Greencastle’s largest market: the DePauw students. Greencastle is a veritable ghost town in the summer. The discussions with my roommate often centered on the topic of this abandonment Greencastle undergoes every May of every year, and the …

Whither Criminology?: On The State Of Criminology's Paradigm, Brendan David Dooley

Dissertations

What is the condition of criminology’s paradigm? The reply to this question has implications bearing on the profession’s bona fides as a science as well as its sustainability as an independent academic enterprise. The work attempts to capture the elusive term through the use of five themes: theoretical consensus, methodological consensus, boundaries, the departure from sociology, and the current and future status of the field. In approaching this question the work presents an analysis of both qualitative and quantitative data. Semi-structured interviews were conducted with seventeen renowned criminologists. The centerpiece of the latter data set was assembled and analyzed in …

Game Over: Violent Video Games And Juvenile Crimes, Randy Beck, Cheryl Olson, Gerry Weber, Dan Islett

Working in the Public Interest Conferences

Discussion of possible relationship between video games and childhood violence. Includes considerations of First-Amendment rights of manufacturers and implications of Schwarzenegger v. Entertainment Merchants Association.

Advance, Spring 2011, San Jose State University, Department Of Justice Studies

Advance (Justice Studies)

News from the San Jose State University Record Clearance Project

Prescription Drug Abuse And Diversion Increase With Age, Don Wunderlin

Regis University Student Publications (comprehensive collection)

This study conducted a secondary analysis of quantitative data collected from 2005 through 2009 from the National Survey on Drug Use and Health. The study found that prescription drug abuse and diversion from 2005 through 2009 showed an increasing usage, which is dependent upon age and drug category. While those aged 18-25 demonstrated higher nonmedical use of prescription drugs for three drug categories, those aged 50 and older were determined to have a higher usage in only one drug category. Overall the study determined that after age 50 nonmedical use of prescription drug and therefore diversion begins to drop significantly …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 1, Spring 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Alan Frank 4
Mexico’s Criminal Justice Transformation 6
Faculty Notes 8
Network Neutrality 14
Lepard Leads Human Rights Project 16
Blankley’s Passion for ADR 17
Burkstrand-Reid’s Trust to Teach 18
Feature: Dean Susan Poser 19
Around the College Brummond’s New Role 22
Kluver Leads Admissions Efforts 23
Our Future in the Big Ten: Admissions 24
Job Market’s Impact on CSO 26
Evolution of Technology 28
Student Accolades 32
2010 Family Traditions Ceremony 34
Hitler’s Court 36
Recent Facility Renovations 37
Our Alumni Eilers: A Global Career 38
Nearhood Admissions Office 39
Winter Scholarship 40 …

For The Love Of The Case File, Christine P. Bartholomew

Other Scholarship

No abstract provided.

Oregonians Report Broad Support For Policies That Could Reduce Prison Population, Jody Sundt

Criminal Justice Policy Research Institute Research Briefs

Correctional spending is one of the largest and fastest growing parts of the Oregon budget, making it a target for increased scrutiny. According to a 2011 Legislative Fiscal Office report, the Department of Correction’s (DOC) budget represented close to 9% of the combined General and Lottery Funds in the 2009- 2011 biennium. Since 1993-1995, correctional spending increased almost threefold from close to $400 million to $1.4 billion. Moreover, the DOC’s share of the state budget almost doubled since the mid-1980s. In the context of declining revenue forecasts and increased demand for public services, state agencies are under pressure to reduce …

Cj Times Volume 5, Issue 1, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.

Proper Crime Recording As An Effective Feedback Tool In Articulating A Crime Policy, Kevin A. Unter

Georgia Journal of Public Policy

Crime policy is subject to the policy process just like other governmental policies.  An effective crime policy is one that reduces the amount of crime in a police department’s jurisdiction, e.g., the city.  Accordingly, crime policy consists of the same policy components – agenda setting, formulation, implementation, and feedback.  The implementation of any crime policy depends on the information collected by police departments, often through crimes reported to the department via 9-1-1 calls or brought to a police officer’s attention through proactive police work.  The success of that police work relative to the reported crime first depends on whether the …

Federal Earmarks In The State Of Georgia, Jeffrey Lazarus

Georgia Journal of Public Policy

Earmarks have been controversial ever since becoming a prominent part of the congressional spending process. Critics charge that earmarks fund projects with little or no economic value (for instance Ted Stevens’ “Bridge to Nowhere,”) but instead allow Congress members to direct government spending to campaign contributors (the charge leading to a federal investigation of the now-defunct lobbying firm PMA Group). On the other side of the controversy, congressional earmarks do fund a number of community improvements which are very valuable, at least locally. In Georgia, the fiscal 2010 appropriations bills included earmarks which allocated $450,000 to update College Park’s emergency …

Characteristics Of Inmates In The Cook County Jail, David E. Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

Provides a detailed description of the characteristics of those admitted to and released from the Cook County Jail in 2010.

Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt

BYU Law Review

No abstract provided.

Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt

BYU Law Review

No abstract provided.

Human Trafficking In San Luis Obispo County: Assessing The Local Law Enforcement's Mechanisms For Prevention, Paige K. Wopschall

Social Sciences

No abstract provided.

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

What Kind Of Right Is The Right To The City?, Kafui A. Attoh

Publications and Research

No abstract provided.

Rethinking Prison Education In The Era Of Mass Incarceration. President Travis' Speech On Rethinking Prison Education, At The Cuny Graduate Center On 2/4/11., Jeremy Travis

Publications and Research

No abstract provided.

Do Oregonians Know About The Crime Drop?, Brian Renauer

Criminal Justice Policy Research Institute Research Briefs

The violent crime rate in Oregon has not been this low since 1969, forty years ago. FBI 2009 Uniform Crime Statistics show Oregon’s crime rate continues to drop as does the nation’s. Crime rates are at the lowest levels since the 1960’s. Violent crime in Oregon dropped 2.1% from 2008 to 2009. In 2009, Oregon ranked 38th in the nation for violent crime rate.

Globalization And Eligibility To Deliver Legal Advice: Inbound Legal Services Provided By Corporate Counsel Licensed Only In A Country Outside The United States, Carol A. Needham

San Diego Law Review

The regulation of cross-border delivery of legal services remains in flux. Clients in the United States, particularly sophisticated corporate clients, should be allowed to utilize the special expertise possessed by lawyers licensed outside the United States. Key reforms that at this point are gaining traction include the following: allowing lawyers licensed outside the United States to qualify for limited licenses as in-house counsel; broadening the scope of practice so that all foreign legal consultants are allowed to give legal advice related to third-country and international law; and allowing fly in, fly out practice while temporarily present in the host state. …

Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz

San Diego Law Review

In this Article, I will consider two aspects of the controversy that help explain why it is static. I will consider the significance of empirical evidence that lawyers and clients find the rules morally troubling. Zacharias plausibly assumes that such evidence carries compelling weight. I will also look at the nature of morality itself and the extent to which professional rules should be expected to conform to morality.

Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein

San Diego Law Review

This Article develops a question that intrigued Fred: prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and why prosecutors resist allowing DNA testing and, more startlingly, deny the obvious implications of DNA evidence when that evidence exonerates the convicted.

Part II of this Article briefly summarizes two of Fred’s major articles on the subject of prosecutorial ethics. Part III documents the problem of postconviction DNA exonerations and prosecutors’ varied reactions. …

Federalizing Legal Ethics, Nationalizing Law Practice, And The Future Of The American Legal Profession In A Global Age, Eli Wald

San Diego Law Review

This Article is organized as a response to Zaharias’s influential paper, revisiting each of his four analytical steps. Following Zacharias, Part II documents the growing nationalization and globalization of law practice, and argues that the transformation of law practice renders the state-based regulation of lawyers ineffective. Part III parts ways with Zacharias’s thesis. It asserts that nationalizing, by federalizing, legal ethics is not warranted by changing practice realities and that, worse, federalizing legal ethics without more will leave some of the most troubling aspects of the transformation of law practice, including client needs, unaddressed. Instead, Part III argues that the …

Three Concepts Of Roles, W. Bradley Wendel

San Diego Law Review

There is something distinctive about the law, legal reasoning, and the role of lawyers. That distinctiveness is captured by the idea that normative reasoning by citizens in communities is necessarily aimed at discovering what rights and obligations everyone ought to have, consistent with the interests of other citizens. It is implausible to believe that ordinary moral reasoning is well-suited to working out a scheme of public entitlements that is suited to regulating the interactions among citizens who disagree about what their entitlements ought to be. The law has authority to the extent it enables people to do better than they …

Jurisdiction‐Granting: Legislative Capacity And Ideological Distance, Seth W. Greenfest

Political Science Faculty Publications

This paper examines the conditions under which Congress passes jurisdiction-granting legislation, legislation that expands the discretion of the federal district courts by designating them as venues in which policy questions are to be heard. This project extends existing research that has demonstrated that Congress manipulates the parameters of jurisdiction by examining the manner in which Congress routinely engages in this activity. I construct and evaluate a comprehensive dataset of laws in which Congress grants jurisdiction to the district courts for the period between 1949 and 2000 with the goal of explaining conditions under which Congress grants jurisdiction Two explanations are …

Constraints On State-Level Foreign Policy: (Re) Justifying, Refining And Distinguishing The Dormant Foreign Affairs Doctrine, Matthew Schaefer

Nebraska College of Law: Faculty Publications

A reassessment of United States' constitutional constraints on state-level foreign policy is sorely needed. State engagement in foreign policy was rarely significant until the 1960s. Since that time, state involvement has rapidly expanded in both sheer magnitude and the types of activities undertaken. The most prominent and problematic among these state and local activities in the past fifty-plus years has been three waves of state and local sanction initiatives targeting countries ruled by regimes with repugnant human rights policies. In the mid-1980s, over half of the states and at least 100 localities adopted sanctions legislation against South Africa, most often …

The Federal Common Law Of Vicarious Fiduciary Liability Under Erisa, Colleen E. Medill

Nebraska College of Law: Faculty Publications

Absent a federal common law rule of vicarious fiduciary liability, a corporate employer, in its nonfiduciary capacity as the settlor of its ERISA plan, may design the documents that govern the employer's plan as a shield against fiduciary responsibility for the actions of the employer's own internal fiduciary employees. This Article explores the potential for development of another area of federal common law under ERISA - the incorporation of respondeat superior liability principles to impose ERISA fiduciary liability ("vicarious fiduciary liability") upon a corporation for the fiduciary activities of its employees or agents. This claims and remedies system requires that …

"Trophy Husbands" & "Opt-Out" Moms, Beth Burkstrand-Reid

Nebraska College of Law: Faculty Publications

Before women were "opting out" of the workforce (as depicted by the New York Times)' to stay at home with their children, a subset of fathers had already done so. The 2002 Fortune cover story titled Trophy Husbands documented the "dramatic shift afoot" of well-off, educated men leaving paid work in order to tend to the home and kids in support of their powerful wives' careers:3 "Trophy Husbands? Arm candy? Are you kidding? While their fast-track wives go to work, stay-at-home husbands mind the kids. They deserve a trophy for trading places. The article portrayed these men as taking …

The More Things Change ... : Abortion Politics & The Regulation Of Assisted Reproductive Technology, Beth Burkstrand-Reid

Nebraska College of Law: Faculty Publications

Comparing abortion and assisted reproductive technology (ART)--especially controversial techniques like cytoplasm donation--may be detrimental to both. Each technology forces society to confront the deepest issues concerning the beginning of life and, for women, forces them to consider when motherhood begins and what responsibilities might flow from it. Abortion rights advocates must push the inception of motherhood to a point as late in the gestational process as possible so as to avoid thorny issues of fetal personhood. Fertility doctors and their patients may have just as strong of an interest in recognizing an earlier start to motherhood, as a way of …

Teaching Controversial Topics, Jennifer S. Hendricks, Beth Burkstrand-Reid, June Carbone

Nebraska College of Law: Faculty Publications

At the 2009 Future of Family Law Education conference at the William Mitchell School of Law, the authors participated in a panel discussing strategies for teaching controversial topics, which focused on teaching reproductive rights and related gender issues. This essay collects some of the strategies discussed at the conference. First we address what constitutes a “controversial” legal topic, outlining the several different ways in which a topic might be or become controversial within the context of a particular class. Next, we discuss the importance of laying the groundwork, throughout the semester, for the anticipated—and unanticipated— discussions surrounding controversial topics and …