Legal Studies Commons^™

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.

Columbine School Massacre, Eric S. Yellin

History Faculty Publications

On 20 April 1999, in one of the deadliest school shootings in national history, two students at Columbine High School in Littleton, Jefferson County, Colorado, killed twelve fellow students and a teacher and injured twenty-three others before committing suicide. Eric Harris, age eighteen, and Dylan Klebold, age seventeen, used homemade bombs, two sawed-off twelve-gauge shotguns, a nine-millimeter semiautomatic rifle, and a nine-millimeter semiautomatic pistol in a siege that began shortly after 11 A.M.

Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin

History Faculty Publications

Nicola Sacco, a skilled shoeworker born in 1891, and Bartolomeo Vanzetti, a fish peddler born in 1888, were arrested on 5 May 1920, for a payroll holdup and murder in South Braintree, Massachusetts. A jury, sitting under Judge Webster Thayer, found the men guilty on 14 July 1921. Sacco and Vanzetti were executed on 23 August 1927 after several appeals and the recommendation of a special advisory commission serving the Massachusetts governor. The execution sparked worldwide protests against repression of Italian Americans, immigrants, labor militancy, and radical political beliefs.

Operation Rescue, Eric S. Yellin

History Faculty Publications

Operation Rescue, founded in 1986, became known as one of the most militant groups opposing a woman’s right to abortion as established in the 1973 Supreme Court case Roe vs. Wade.

Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang

Faculty Scholarship

No abstract provided.

Comparison Of Education Level, Intelligence Quotient, And Higher Education Courses Of Individuals Who Commit Violent Crimes And Those Individuals Who Commit Nonviolent Crimes In Arkansas, W. Andranette Anderson-Blackwell

Theses and Dissertations

The purpose of this study was to examine and compare education levels, intelligence quotients, and college courses taken or are being taken by criminal offenders who commit violent versus nonviolent crimes. One hundred males and 100 females from the states' correctional facilities were used as the sample. The sample was stratified according to four characteristics: type of crime committed (violent or nonviolent), ethnicity, age, and gender. The null hypothesis tested in this study was that there is no statistically significant difference, at the 0.05 level, in the educational levels or intelligence quotients of criminal offenders as to age, ethnicity, gender, …

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies

Articles by Maurer Faculty

No abstract provided.

Divisionews (Winter 2003, Issue #11), American Society Of Criminology. Division On Women And Crime, Joanne Belknap, Kristin Winokur, Amy D'Unger, Alisa Smith, Susan Sharp, Amanda Burgess-Proctor, Angie Moe

Division on Women and Crime Documents and Correspondence

No abstract provided.

Applying The Responsible Corporate Officer Doctrine Outside The Public Welfare Context, Amiad Kushner

Journal of Criminal Law and Criminology

No abstract provided.

Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong

Journal of Criminal Law and Criminology

No abstract provided.

For Mice Or Men Or Children - Will The Expansion Of The Eighth Amendment In Atkins V. Virginia Force The Supreme Court To Re-Examine The Minimum Age For The Death Penalty, Jamie Hughes

Journal of Criminal Law and Criminology

No abstract provided.

To Serve And Collect: Measuring Police Corruption, Sanja Kutnjak Ivkovic

Journal of Criminal Law and Criminology

No abstract provided.

Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg

Journal of Criminal Law and Criminology

No abstract provided.

Pre-Arrest Silence: Minding That Gap Between Fourth Amendment Stops And Fifth Amendment Custody, Sara Ciarelli

Journal of Criminal Law and Criminology

No abstract provided.

The Tenuous Relationship Between The Fight Against Money Laundering And The Disruption Of Criminal Finance, Mariano-Florentino Cuellar

Journal of Criminal Law and Criminology

No abstract provided.

Beyond Accommodation: Reconstructing The Insanity Defense To Provide An Adequate Remedy For Postpartum Psychotic Women, Jessie Manchester

Journal of Criminal Law and Criminology

No abstract provided.