Other Legal Studies Commons^™

How Much Diversity Can The Us Constitution Stand?, Tanya Washington

Tanya Monique Washington

No abstract provided.

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Russell D. Covey

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington

Tanya Monique Washington

No abstract provided.

The Meaning Of Hobby Lobby: Bedrooms, Boardrooms & Burdens, Anne Tucker

Anne Tucker

No abstract provided.

Faith Doesn't Justify Discrimination Against Women, Eric Segall

Eric J. Segall

No abstract provided.

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.

Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.

Hostage Negotiations In Lieu Of Armed Assault, William A. Merkle

Senior Theses

The failed attempt to rescue hostages during the 1972 Olympics in Munich Germany led to the unnecessary and terrible loss of lives of both hostages and captors. Ever since then, great efforts have been undertaken by law enforcement professionals and researchers to develop clear protocols to help insure the safety of all involved parties. Negotiations, one tactic among several, represents a non-violent alternative to armed assault that can be used to obtain the safe release of hostages and the capture of unharmed hostage takers. Drawing on my forty year career experience in California Corrections, this paper argues for the power …

There Goes The Neighborhood: Exposing The Relationship Between Gentrification And Incarceration, Casey Kellogg

Themis: Research Journal of Justice Studies and Forensic Science

This paper seeks to demonstrate that there is a deliberate and intentional link between residential housing patterns and crime and mass incarceration, and that government plays a strong role in allowing and formalizing this link. Using historical examples, this paper attempts to document the role of government and policy in furthering residential segregation through the processes of gentrification and disinvestment. By contributing to the destruction of low-income communities and the invasion of gentry through covert partnerships with the private sector to develop land and design cities, government has prioritized commercial interests over the needs of the community at all income …

Afghan Narcoterrorism: The Problem, Its Origins, And Why International Law Enforcement Should Fight It, Steven Fantigrossi

Honors Capstone Projects - All

This paper provides insight into the issue of opium trafficking in Afghanistan. In 2014, despite U.S., Afghan, and international efforts since 2001, poppy-opium cultivation in Afghanistan reached an all-time high. The Afghan opium trafficking industry provides funding to terrorist groups and transnational crime organizations and is responsible for the continued corruption of government officials, police officers, and intelligence agents in Afghanistan, Pakistan, Iran, and other nations. Aside from increased corruption and funding of terrorists and criminals, the opium trade creates opium and heroin addicts out of men, women, and children across the globe. The history of how the opium problem …

Towards Security Professionalization: The Journey To Employ And Development The Future Security Professional, David J. Brooks Dr.

David J Brooks Dr.

The security industry and its associated bodies believe they are moving toward professionalization; however, a sign of a true profession is the employment and development of graduates. Unlike established professionals, the security industry lacks such graduate employment and this has to change. The time where an organisation can employ an ex-police or defence person may be coming to an end as a higher professionalization is required. Today’s modern society relies on professionals to solve complex problems, who commenced their careers as graduates from universities. However, university education impart a foundational, abstract body of knowledge that is contextualised and further developed …

Scelus Et Poena: A Comparison Of Legal Bias In Ancient Rome And Contemporary America, Aaron R. Caffrey

Classics Honors Papers

Of the many advances made by the ancient Romans, perhaps their greatest contribution to contemporary Western society stemmed from their sophisticated legal system. Ancient senators, jurists, and eventually emperors set forth policies that encompassed the expectations of Roman citizens in respect to property, family, and behavior. Roman law allowed for the creation of an efficient government bureaucracy, promoting an unprecedented era of peace and prosperity that stretched over the first two centuries of the Common Era. This peace, however, did not apply to all individuals under control of the Roman government. While wealthy and dignified citizens enjoyed leniency in legal …

New Start From Old Beginnings?, Michaela Ruhlmann

History Capstone Research Papers

This paper examines the extent of which START I and New START achieved effective balance of power between the United States and Russia. It addresses the purpose, agreements and the impact of START I and New Start on the effectiveness in accomplishing global balance of power. This paper argues that while the original START I accomplished a global balance of power by equalizing reduction of nuclear arsenals in both countries, but that New START did not accomplish a long-term global balance of power. To best demonstrate this, “New START from Old Beginnings?” covers START I’s historical context, examine its actual …

Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas

Faculty Publications By Year

In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.

This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …

Child Marriage: Addressing The Challenges And Obstacles In The Post-2015 Agenda, Valeria Pelayo

Independent Study Project (ISP) Collection

This study explores the progress of child marriage eradication over the last forty years in order to identify the weak points of implementation as well as how these are being incorporated in the post-2015 agenda. An assessment of current rates by geographic region and several other demographic factors is included along with future projections for these affected areas. The shortcomings identified include a lack of program evaluation, negligence towards married children, a shortage of data on sub-national legislation efficacy, and minimal attention paid to child marriage in the context of slavery and human trafficking. The scope of the problem is …

Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin

Independent Study Project (ISP) Collection

No abstract provided.

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

An Overview Of Alcohol Testing And Interpretation In The 21st Century, Anna Kelly, Ashraf Mozayani

Ashraf Mozayani, Ph.D., PharmD

Ethanol analysis is the most commonly carried out drug testing in a forensic toxicology laboratory. Determination of blood alcohol concentration (BAC) is needed in a multitude of situations, including in postmortem analysis, driving under the influence (DUI) and drug-facilitated sexual assault (DFSA) cases, workplace drug monitoring, and probation investigations. These analyses are carried out by direct measurement of ethanol concentrations as well as of metabolic by-products, such as ethyl glucuronide (EtG) and ethyl sulfate (EtS). This review article will discuss pharmacokinetics, including absorption, distribution, and elimination of ethanol, methods for the detection of ethanol, the effect of ethanol on human …

Validation Of Lc-Tof/Ms Screening For Drugs, Metabolites, And Collateral Compounds In Forensic Toxicology Specimens, Fessessework Guale, Shahriar Shahreza, Jeffrey Walterscheid, Hsin-Hung Chen, Crystal Arndt, Anna Kelly, Ashraf Mozayani

Ashraf Mozayani, Ph.D., PharmD

Liquid chromatography time-of-flight mass spectrometry (LC-TOF-MS) analysis provides an expansive technique for identifying many known and unknown analytes. This study developed a screening method that utilizes automated solid-phase extraction to purify a wide array of analytes involving stimulants, benzodiazepines, opiates, muscle relaxants, hypnotics, antihistamines, antidepressants and newer synthetic "Spice/K2" cannabinoids and cathinone "bath salt" designer drugs. The extract was applied to LC-TOF-MS analysis, implementing a 13 min chromatography gradient with mobile phases of ammonium formate and methanol using positive mode electrospray. Several common drugs and metabolites can share the same mass and chemical formula among unrelated compounds, but they are …

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Russell D. Covey

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …

Issues & Challenges For Sustainable Small Scale Fisheries In Inland Fisheries Sector Of India, A P. Sharma, Ganesh Chandra

Ganesh Chandra

This paper was presented in the panel discussion on Implementing the FAO-SSF Guidelines: Is there need for governance reforms? (How to create an enabling socio-economic, legal and policy environment for small-scale fisheries). the present paper focuses on the small scale fishers in Inland fisheries sector in India and the fisheries governance system in various states of india.

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty Publications

No abstract provided.

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCE Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler

Faculty Publications By Year

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice – the activities of physicians and other health care professionals – while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to …

Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold

Scripps Senior Theses

The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …

A National Scan Of Psychiatric Involuntary Hold Policies, Evan D. Peters

Undergraduate Research Posters

Psychiatric involuntary holds are initiated when an individual suffering from mental illness is deemed a danger to themselves or others. Each state and the District of Columbia has its own legislation outlining the process for involuntary holds and the assessments that take place during a hold. A variety of individuals, professional and non-professional, can be involved in the process. Each state also sets a time limit during which a person can be held, and specific language that details the behavior of individuals that are eligible for psychiatric involuntary holds. This information was gathered by examining each states' codes involving psychiatric …

Can We Learn Anything About Pleading Changes From Existing Data?, Jonah B. Gelbach

All Faculty Scholarship

In light of the gateway role that the pleading standard can play in our civil litigation system, measuring the empirical effects of pleading policy changes embodied in the Supreme Court's controversial Twombly and Iqbal cases is important. In my earlier paper, Locking the Doors to Discovery, I argued that in doing so, special care is required in formulating the object of empirical study. Taking party behavior seriously, as Locking the Doors does, leads to empirical results suggesting that Twombly and Iqbal have had substantial effects among cases that face Rule 12(b)(6) motions post-Iqbal. This paper responds to …

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.