Legal Studies Commons^™

Prospective Changes In Attributions Of Self-Blame And Social Reactions To Women’S Disclosures Of Adult Sexual Assault, Cynthia J. Najdowski, Sarah E. Ullman

Psychology Faculty Scholarship

The present longitudinal study examined relations between self-blame attributions and social reactions to disclosure in a community sample of adult sexual assault victims (N = 555). Cross-lagged panel analyses showed that neither characterological self-blame nor behavioral self-blame related to negative social reactions over the 1-year follow-up period. In contrast, characterological but not behavioral self-blame predicted fewer positive reactions over time. Although positive reactions did not reduce self-blame, negative reactions led to greater characterological, but not behavioral, self-blame during the course of the study. Thus, relations between self-blame and social reactions were not reciprocal but rather quite complex. The effects …

Vulnerability And Protective Factors For Sexual Assault, Sarah E. Ullman, Cynthia J. Najdowski

Psychology Faculty Scholarship

Approximately 1 in 5 women experience sexual assaults in adulthood during their lives (see Post, this volume, for review), including experiences of unwanted sexual contact, sexual coercion, attempted rape, and completed rape that result from threat, force, or incapacitation from alcohol or drugs (either willingly or unwillingly consumed).

Developmental Trajectories Of Self-Control: Assessing The Stability Hypothesis, James Vance Ray

USF Tampa Graduate Theses and Dissertations

A key proposition of Gottfredson and Hirschi's (1990) self-control theory is the stability hypothesis which suggests that an individual's level of self-control, once established between the ages of 8-10, is stable over the life course. Empirical results from examinations of the stability hypothesis have been mixed. Prior tests of the stability hypothesis have employed aggregate assessment methods (e.g., mean-level and correlational analyses). Such approaches fail to take into account the possibility that individual developmental pathways may differ. This study employs individual longitudinal data over a four year period for 3,249 7^th to 10^th grade subjects to assess the …

Are Building Design Rating Systems Effective Towards The Goal Of Sustainability In The Design And Construction Of Public And Private Buildings And How Will New Energy Performance And Sustainable Design Requirements Affect The Professional Liability Of Building Design Professionals?, Samuel D. Transue

HIM 1990-2015

The following paper will explore the future of sustainable building practices as it relates to building design rating systems and whether building design rating systems are effective in conserving energy and resources in the construction of new buildings. This paper will begin by highlighting some of the general principles behind sustainable design practices, and the challenges of determining if building design rating systems are utilized effectively towards the goal of sustainability. In addition, the paper will highlight issues specific to ongoing litigation in Gifford v. U.S. Green Building Council and allegations made within the lawsuit that question the methodology and …

As God As My Witness: A Contemporary Analysis Of Theology's Presence In The Courtroom As It Relates To The "Oath Or Affirmation" Requirement Within The Florida Rules Of Evidence, Nicholas Scott Gurney

HIM 1990-2015

The existence of the oath in the courtroom can be traced back thousands of years throughout history, but the use, meaning, and effect of the oath in law has changed dramatically. The oath as we know it was once a powerful truth-telling instrument that our ancestors used to call upon a higher power. It was the belief of many that the oath itself was not sworn to man or state, but rather directly to a deity. The oath has since then evolved as a result of ever changing beliefs, fueled by increasing tolerance, shaping the oath into more of a …

The Application Of Chemometrics To The Detection And Classification Of Ignitable Liquids In Fire Debris Using The Total Ion Spectrum, Jennifer N. Lewis

Electronic Theses and Dissertations

Current methods in ignitable liquid identification and classification from fire debris rely on pattern recognition of ignitable liquids in total ion chromatograms, extracted ion profiles, and target compound comparisons, as described in American Standards for Testing and Materials E1618-10. The total ion spectra method takes advantage of the reproducibility among sample spectra from the same American Society for Testing and Materials class. It is a method that is independent of the chromatographic conditions that affect retention times of target compounds, thus aiding in the use of computer-based library searching techniques. The total ion spectrum was obtained by summing the ion …

Nebraska Strategic Plan 2012-2015, Ryan E. Spohn, Melissa Gray, Mike Behm, Lisa Stamm, Consortium For Crime And Justice Research, University Of Nebraska At Omaha

Reports

The Consortium for Crime and Justice Research (CCJR) at the University of Nebraska at Omaha was tasked by the Nebraska Commission on Law Enforcement and Criminal Justice to facilitate the development of a three-year strategic plan for the use of Edward Byrne Memorial Justice Assistant Grant (JAG) funds. The Crime Commission serves as the State Administering Agency that is responsible for funding projects that fit into one or more of the seven JAG purpose areas: law enforcement programs; planning, evaluation, and technology improvement programs; prevention and education programs; drug treatment and enforcement programs; corrections and community corrections programs; prosecution and …

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle

CMC Senior Theses

Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …

Using Discourse Analysis Methodology To Teach "Legal English", Craig Hoffman

Georgetown Law Faculty Publications and Other Works

In this study, I propose a curriculum focused on raising students’ linguistic awareness through rigorous discourse analysis and reflective writing in a legal context. Students analyze authentic, full-text legal documents using discourse analysis methodology. By carefully analyzing the language in legal opinions, appellate briefs, law review articles, law school exams, typical commercial contracts, and statutes, students become experts in analyzing and evaluating legal texts. Students learn to manipulate legal language to achieve various desired linguistic and legal effects. This approach has three primary advantages. First, it forces the students to carefully read authentic legal texts. Second, it gives students the …

American Legal Theory And American Legal Education: A Snake Swallowing Its Tail?, John Henry Schlegel

Journal Articles

No abstract provided.

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Journal Articles

Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …

Card Check Labor Certification: Lessons From New York, William A. Herbert

Publications and Research

During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …

The Never Ending Attraction Of The Ponzi Scheme, Pearl Jacobs, Linda Schain

Criminal Justice Faculty Publications

In the 1920’s, Charles Ponzi engaged in a notorious money making scheme. This scheme had been tried before but no one prior to Charles Ponzi had managed to swindle millions of dollars out of unsuspecting people. Thus, the scheme bears his name. In December 2008, Bernard Madoff, a major Ponzi schemer, was exposed. He managed to con investors out of over $65 billion over a thirty year period. Madoff was a highly respected financial expert. The investors were mostly well educated and supposedly financially savvy. How did this happen? This paper will examine some theories which may help explain both …

Texas Law Enforcement Resource Center: An Exploratory Study Of Fusion Center Databases, Tyler Lawrence Evenson

Criminology & Criminal Justice Theses - Archive

This research is a qualitative study examining fusion center databases, their value to the field of criminal justice, and their potential for shared information/education in the future. The research examines the growing trend of information sharing and analysis and describes a fusion center database created by the Center of Criminal Justice Research and Training within the Department of Criminology and Criminal Justice at the University of Texas at Arlington. Secondary data is reviewed and analyzed on current fusion centers to examine their methods of information gathering, analysis, program implementation, and overall mission.

What Is Originalism? The Evolution Of Contemporary Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Debates over “originalism” have been a central focus of contemporary constitutional theory for three decades. One of the features of this debate has been disagreement about what “originalism” is. More worrisome is the possibility that the arguments between contemporary originalists and their opponents, the “living constitutionalists”, are confused–-with each side of the debate making erroneous assumptions about the content of their opponent’s theories.

The aim of this chapter is to clarify these debates by providing a history of contemporary originalism and then developing an account of the core or focal content of originalist theory. The history reveals that contemporary originalist …

Building Pathways Of Possibility From Criminal Justice To College: College Initiative As A Catalyst Linking Individual And Systemic Change, Susan P. Sturm, Kate Skolnick, Tina Wu

Faculty Scholarship

Across the United States, communities, especially marginalized and low income communities, face challenges resulting from the “school-to-prison pipeline”—a continuum of conditions increasing the probability that people from such marginalized communities, particularly black men, will find themselves in prison rather than college.1 Dismantling this pipeline has become a significant national focus of advocates and policy makers. In New York City, a network has emerged in the last ten years to focus on building a new pipeline from criminal justice to college. This network focuses on rebuilding the lives of the over 70 thousand people who have fallen into the school-to-prison pipeline. …

Column: Putting The Science In Digital Forensics, Fred Cohen

Journal of Digital Forensics, Security and Law

In a recent study, digital forensics was found to lack a consensus around even the most basis notions and terminology of the field. To quote: “These two preliminary studies individually suggest that (1) scientific consensus in the area of digital forensic evidence examination is lacking in the broad sense, but that different groups within that overall community may have limited consensus around areas in which they have special expertise, and (2) that the current peerreviewed publication process is not acting to bring about the sorts of elements typically found in the advancement of a science toward such a consensus. ... …

Extraction Of Electronic Evidence From Voip: Forensic Analysis Of A Virtual Hard Disk Vs Ram, David Irwin, Jill Slay, Arek Dadej, Malcolm Shore

Journal of Digital Forensics, Security and Law

The popularity of Voice over the Internet Protocol (VoIP) is increasing as the cost savings and ease of use is realised by a wide range of home and corporate users. However, the technology is also attractive to criminals. This is because VoIP is a global telephony service, in which it is difficult to verify the user’s identification. The security of placing such calls may also be appealing to criminals, as many implementations use strong encryption to secure both the voice payload as well as to control messages making monitoring such VoIP calls difficult since conventional methods such as wire-tapping is …

A Case Study In Forensic Analysis Of Control, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper describes a case study in which a method for forensic analysis of control was applied to resolve probative technical issues in a legal action. It describes one instance in which the analysis was successfully applied without challenge, addresses the details of most of the different facets of the analysis method, and demonstrates how such analysis provides a systematic approach to using technical methods to address legal issues as a case study.

Judges’ Awareness, Understanding, And Application Of Digital Evidence, Gary C. Kessler

Journal of Digital Forensics, Security and Law

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence. This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the …