Legal Studies Commons^™

Community And School Violence: An Ethnographic Study, Martha Santiago

Seton Hall University Dissertations and Theses (ETDs)

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By The Book: Interpreting An Intake In A County Jail, Digiterp Communications

Course Materials

Guide to ASL interpreting for the booking of a person into a county jail, including consideration of how to prepare for entering the facility and what to expect in the interpreting situation.

Divisionews (Winter 2004, Issue 14), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Queering Legal Education: A Project Of Theoretical Discovery, Kim Brooks, Debra Parkes

Articles, Book Chapters, & Popular Press

The article has two parts. Part II discusses the materials we reviewed to inform the development of a queer legal pedagogy. In particular, it examines the categories of queer legal scholarship and highlights the contributions of other outsider scholars to legal education debates. Early in our research, we found limited material on queer legal pedagogy, and we discovered nothing that posited a theoretical approach. We did, however, find rich resources written by other outsiders to law from which some design principles for queer legal pedagogy might be drawn. We should note at the outset that our goal in this Part …

On Proof Of Preferential Effect, Rafael I. Pardo

Scholarship@WashULaw

This Article presents a comprehensive analysis of the manner in which the trustee of a debtor's estate may satisfy his burden of proof to demonstrate the preferential effect of a prebankruptcy transfer from a debtor to a creditor. The proposed framework, if adhered to by courts, will create a uniformity that gives preference law its proper reach and thereby reinforces its primary goal: equal treatment of similarly situated creditors (the equality principle). After examining the historical developments that have made a trustee's evidentiary burden administratively less complex, the Article discusses the Ninth Circuit's decision in Batlan v. TransAmerica Commercial Finance …

The Virulence Of Blackthink™ And How Its Threat Of Ostracism Shackles Those Deemed Not Black Enough, Kimberly Jade Norwood

Scholarship@WashULaw

This Article explores a non-traditional form of discrimination based on color. In the United States we are accustomed to hearing about discrimination in the context of historic injustices the black community has faced for no other reason but that they were born black or African-American. This Article deals with another form of discrimination against black people based on skin color: discrimination based on not being black enough. Blacks who do not fit a particular expectation about what it means to be black are often marginalized or even ostracized from their communities. They are vilified as Sells-Outs, Oreos and Uncle Toms. …

The Aretaic Turn In Constitutional Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The author argues that the aretaic turn in constitutional theory is an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions on particular issues and the fervor of their ideological passions.

Part II, Institutionalism and Constitutional …

Procedural Justice, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This article begins in part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits?

The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question--what is procedure?--is the most difficult and requires an extensive …

Justice Scalia On The Use Of Foreign Law In Constitutional Interpretation: Unidirectional Monologue Or Co-Constitutive Dialogue, Melissa A. Waters

Scholarship@WashULaw

This short essay explores Justice Antonin Scalia's conservative alternative approach to recent efforts by other Justices to utilize foreign and international legal sources in the Supreme Court's jurisprudence. It discusses Justice Scalia's writings and remarks over the course of the 2003-2004 Supreme Court Term: On the one hand, Justice Scalia consistently denounced the use of foreign legal sources in constitutional interpretation, both in his concurring opinion in Sosa v. Alvarez-Machain and in his keynote address at the Annual Meeting of the American Society of International Law. On the other hand, in his dissent in Olympic Airways v. Husain, Justice Scalia …

The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner

Scholarship@WashULaw

This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of “criminality” within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element, spoken of in many circles as “oppositional culture” constitutes a bold and calculated rejection of destructive mainstream values that have perpetuated social inequalities and power imbalances. African American resistance culture is captured by novelist John Edgar Wideman in his account of his brother ’s criminal lifestyle and the …

The Family And Medical Leave Act Of 1993: Ten Years Of Experience: Introduction, Pauline Kim

Scholarship@WashULaw

On February 5, 1993, in a Rose Garden ceremony, President Bill Clinton signed the Family and Medical Leave Act (FMLA) into law, declaring that workers “will no longer need to choose between the job they need and the family they love.”1 The signing ceremony was significant for a number of reasons. It marked an early legislative victory for a new administration, signaling its commitment to ending gridlock in Washington. It also symbolized changing priorities: earlier versions of the legislation had twice been enacted by Congress and then vetoed by President George H.W. Bush. With its focus on the needs of …

Crime, Law, And The Community: Dynamics Of Incarceration In New York City, Jeffrey A. Fagan

Faculty Scholarship

Random Family (LeBlanc 2003) tells the story of a tangled family and social network of young people in New York City in which prison threads through their lives since childhood. Early on, we meet a young man named Cesar, who sold small amounts of crack and heroin in the streets near his home in the Bronx. During one of his many spells in jail, Cesar sees his father pushing a cafeteria cart in the Rikers Island Correctional Facility, New York City’s jail. Cesar had not seen his father in many years, but he was not very surprised to see him …

Socratic Pedagogy, Critical Thinking, Moral Reasoning And Inmate Education: An Exploratory Study, Peter Boghossian

Dissertations and Theses

This exploratory study examines the hypothesis that Socratic pedagogy is a useful tool for imparting critical thinking and moral reasoning skills to inmates. The study explores the effectiveness of a new curriculum, Introducing Socrates, which relies on Socratic pedagogy to achieve its objectives. The curriculum draws from the effective criminal justice research on cognitive education to determine its objectives, and then looks to the Platonic dialogues to find broad philosophical questions that tie into those objectives. The program also evaluates salient criticisms of Socratic pedagogy that are found in the educational and philosophical literature, and then isolates and evaluates constructs …

Midcourse Corrections: Women In Legal Education, Deborah L. Rhode

Journal of Legal Education

No abstract provided.

"Where Did You Go To Law School?" Gatekeeping For The Professoriate And Its Implications For Legal Education, Richard E. Redding

Journal of Legal Education

No abstract provided.

Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier

Journal of Legal Education

No abstract provided.

A Continuous Body: Ongoing Conversations About Women And Legal Education, Judith Resnik

Journal of Legal Education

No abstract provided.

Using The Web To Facilitate Active Learning: A Trans-Pacific Seminar On Globalization And The Law, Ruth Buchanan, Sundhya Pahuja

Journal of Legal Education

No abstract provided.

Taking Stock: Women Of All Colors In Legal Education, Rachel F. Moran

Journal of Legal Education

No abstract provided.

Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns

Journal of Legal Education

No abstract provided.

Using The Survey Of Inmates Of State And Federal Correctional Facilities To Compare Female And Male Inmate Characteristics., Jacqueline Anita Black

Electronic Theses and Dissertations

The purpose of this study was to examine the differences between female and male prison inmates using the Survey of Inmates of State and Federal Correctional Facilities, 1997. Variables examined included current offense, criminal history, drug use history, victimization history, program participation in the institution, disciplinary infractions in the institution, family history, and interaction with family while in prison. Results indicate that male inmates have worse criminal histories and longer sentences than female inmates. Female inmates have more extensive drug use histories, greater victimization histories, more program participation in the institution, and more criminality in their families of origin than …

Police Officers' Perception Of The Validity Of The General Theory Of Crime., William Jaison Giesler

Electronic Theses and Dissertations

This study measured police officers perception of the validity of General Theory of Crime. Using a sample of 117 officers and an adapted version of the Grasmick et al. (1993) self-control scale, this study measures the level of agreement officers exhibit that low self-control traits are present in property and violent offenders. Measurement is also performed to determine variation in officers agreement based on the personal characteristics gender, age, education, experience, and rank.

Findings indicate officers show agreement with self-control items across the six dimensions of self control traits, as well as significant variation in agreement with the property offender …

The Citizen Police Academy: Assessment Of A Program's Effects On Community And Officer Attitudes, Shannon Cook

Masters Theses & Specialist Projects

The study was conducted in order to determine the effects of the Citizen Police Academy (CPA) program on community and officer attitudes. The two main goals of this program are to increase officer awareness of community concerns and to raise community awareness about the police department. Surveys were distributed to three groups: employees of the Bowling Green Police Department, all alumni of the CPA, and a random sample of the local community. Participants were asked their attitudes regarding crime prevention, awareness of police officers' activities, and the effectiveness of the CPA program. T-tests and ANOVAs determined that police officers who …

Criminality Groups And Substance Abuse, Dana Brown

Masters Theses & Specialist Projects

This descriptive study was designed to determine whether substance abusers could be differentially characterized by past involvement in crimes and, further, whether there is a relationship between the type of substance abused and the degree of violence of the crimes committed. By comparing the socio-demographic characteristics, substance-use, and strain-inducing events reported by 598 residential and outpatient treatment seekers in the Kentucky Treatment Outcome and Performance Pilot Studies Enhancement Project, this study provides further understanding of the crime-substance relationship. This study utilized Robert Agnew's 1992 general strain theory. Results suggest that substance addicts and substance users can be characterized in terms …

Federal Tenure Denial Litigation Involving Private Colleges And Universities, Robert P. Hamill

All-Inclusive List of Electronic Theses and Dissertations

Since 1972, the volume of federal litigation involving faculty and their institutions has escalated. Tenure denial litigation, too, has increased. Prior to 1972, there were no published federal tenure denial decisions involving private colleges and universities. Since 1972, the number of published tenure denial decisions in the private institutional setting has increased steadily. Higher education administrators need to understand the risks that are involved in the tenure review process. These risks include the possibility of a protracted and costly lawsuit. Such a lawsuit could result in having key administrators spend enormous amounts of time preparing for trial and testifying in …

Long-Term Employment Agreements With In-House Counsel: Employment Security Or Ethical Quagmire?, Richard E. Moberly, John Hutchins

Nebraska College of Law: Faculty Publications

The relationship between a company and its in-house corporate counsel involves a fragile mixture of the corporate counsel’s fiduciary obligations as the company’s attorney and the company’s legal and contractual responsibilities as the attorney’s employer. Although these roles and expectations often blend smoothly, the relationship can become problematic when the corporate counsel’s position as an attorney conflicts with the counsel’s status as an employee. Put another way, when a company’s expectations as a client are at odds with its responsibilities as an employer, the relationship between the employer-client and the employee-attorney can become strained and expose each to difficulty, if …

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandi Zellmer

Nebraska College of Law: Faculty Publications

In spring 1998, the Nova Group of Sault Ste. Marie, Ontario, proposed to ship nearly 160 million gallons of Lake Superior water annually via tanker to Asia. See INTERNATIONAL JOINT COMMISSION, PROTECTION OF THE WATERS OF THE GREAT LAKES: FINAL REPORT TO THE GOVERNMENTS OF CAVADA AND THE UNITED STATES 44 (2000) (2000 IJC Report). Nova's proposal coincided with declining water levels in the Great Lakes, and the resulting public outcry and pressure from other Great Lakes governments persuaded Ontario to revoke Nova's permit just a few months later. The Nova proposal prompted the eight American states and two Canadian …

The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster

Buffalo Law Review

No abstract provided.

Ua12/2/1 College Heights Herald, Vol. 79, No. 12, Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.

• Buckman, Josh. 2,500 People Take to Bowling Green Streets for 10K Classic Events
• Pinkston, Antwon. Students Continue File-sharing Despite Risks
• Hoang, Mai. Insurance Surplus for 2003 Possible
• Lord, Joseph. Lucas Goodrum, Stephen Soules to Have Separate Trials, Judge Says – Katie Autry
• Clark, Ashlee. Student Searches for Bone Marrow Donor – Philip Schardein
• Knowing Facts Would Be a + for Students – Grading System
• Lamar, Mike. Editorial Cartoon re: Grading System
• Crawford, Nick. Regarding a Transpark Letter
• McClarnon, Chad. Not Liking Recent Letters – Katie Autry
• Alfrejd, Cassie. Where …

Ua12/2/1 College Heights Herald, Vol. 79, No. 11, Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.

• Hoang, Mai. Darrin Horn Signs Four-Year, $135,000 Contract
• Reed, Lindsey. Students Sees Pluses, Minuses in New System – Grading System
• Hoang, Mai. Midnight Madness Returns
• Sebastian, Kandace. Health Services May Get New Building
• Hoang, Mai. Greeks Show Mixed Support for Proposed Greek Village
• Coffman, Josh. Draughon’s Junior College Relocates Near Campus
• Lamar, Mike. Editorial Cartoon re: Football
• Eastern Kentucky University Crowd Should be the Rule, Not Exception – Football
• Terry, Don. Adapting to College Computer System
• Campbell, Amy. Katie Autry
• Hightower, Kyle. Editor’s Note – Katie Autry Trial Caution …