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The Federal Criminal Forfeiture Statute: Reining in The Government’s Previously Unbridled Ability to Seize Pretrial Assets
Get PDFAmerican organized crime movies are synonymous with a climatic raid and seizure of illegal assets – typically drugs and guns. But what is really encompassed within the Government’s grasp; what are the “illegal assets”? The truth is that the Government has a wide reach and the criminal seizures don’t end when the screen goes black and the credits roll. The Federal Criminal Forfeiture Statute, as applied to RICO and CCE cases, typically entails the forfeiture of any asset connected to the underlying crimes. Given that criminal forfeiture penalties have ethical and constitutional considerations, it is not surprising to learn that a recent United States Supreme Court decision has scaled back the Government’s power over its ability to seize. This Note will provide an overview of the Federal Criminal Forfeiture Statute, as well as RICO and CCE in order to provide context, will detail the case law history of the statute in application, will examine the ethical and constitutional considerations, and will question the future of the controversially applied law
HBO Series Girls and Insecure’s Depiction of Race and Gender
Get PDFIn this research study the identification and representation of race and gender were looked at in the primetime HBO television series Insecure and Girls. The characters that were analyzed in two episodes were the young black women of Insecure and in two episodes the young white women in Girls. The method for this study was conducted using content analysis to identify the following variables focusing on identity, racial stereotypes and names used to address one another. Additionally, variables to identify gender included emotional approaches to situations, stereotypes and gender role expectations. The comprehensive findings revealed through similarities and differences of the episodes containing similar plot lines, as well as the overall analysis of each show, gave insight on how race and gender is being presented. Consistently throughout each of the episodes in terms of gender representation, emotional approaches to situations was the variable with a fair amount of content found. Although anticipated prior to conducting research, gender role expectations were shown less often by the women in each series. Race identity was another variable chosen that also resulted as being less frequently identifiable. In terms of race and gender stereotypes that were looked at, gender stereotypes were more prominent within each of the episodes. The variable used to identify race in each episode, names used to address one another, were mentioned more throughout the episodes of Insecure than in Girls
The U.S Constitution: The Original American Dream
Get PDFAdapted from Remarks delivered at Law Day ceremonies May 1, 1996, at Court of Appeals Hall, Albany, New York
Introduction
Get PDFOn March 9, 2018, the Elisabeth Haub School of Law at Pace University hosted Public Corruption Prosecution After McDonnell, a symposium that brought together law enforcement, practitioners, academics and media that covers these cases to gain insight and input from these disparate groups. The Symposium convened three panels to discuss how McDonnell has affected prosecutors’ ability to police public corruption; to offer legislative responses to McDonnell; and to examine the inherently unique nature of public corruption prosecutions. A central aim of the day-long event was to simultaneously tackle these challenging issues while distilling complex legal analysis in a manner suitable for lawyer and lay persons alike. What follows are transcripts of each panel
Usability Case Study: Reduce an Organization\u27s Usage of Text-Based Passwords by Using Built-In Device Hardware for User Authentication
No full textDespite advances in biometrics and other device authentication technologies, password-based authentication remains the most commonly used means of authentication in computer systems. Today’s built-in technology on desktop computers and laptops opens avenues for new authentication techniques that go beyond text passwords. In the typical office workplace, biometrics, for example (facial recognition) can be the primary authentication method for laptops and tablets using the built-in camera. The Researcher has built a case at a Media Company to observe the pain points in using a traditional text-based password with a necessary change every 90 days that are amplified when passwords are on multiple devices. This study investigated the usability and feasibility of using built-in technologies to replace text-based passwords in the workplace. The Researcher applies a case study methodology to 15 employees for sixty days to observe the acceptance in using facial recognition software. As a tool to measure user acceptance, the Researcher introduced and executed the System Usability Scale (SUS) to score usability effectively. The SUS was easy to administer, as there are only ten questions, and the questions were pre-written for the user with minor adjustments. According to the SUS scores, the users collectively scored a mean of 76 which gave a grade ‘B.’ The Researcher gathered user system logs to add validity of the study to confirm the users were using the facial recognition software ample amount of times per day over the 60-day period. In the post-survey interviews, 12 of 15 users found it usable for their workplace. The SUS scores reflect this where 11 of them did have an above average SUS score of 67 and above. This study reveals how biometrics can integrate into the workplace to reduce the usage of text-based passwords
A Study of Attachment Representations in Middle Childhood Using the Bird\u27s Nest Drawing
No full textThis study is a qualitative investigation into the clinical utility of the Bird\u27s Nest Drawing (BND) and accompanying narrative story. The BND is a projective drawing tool that was developed by Donna Kaiser (1996) to assess attachment security in both children and adults. Due to the themes of security and parental relationships symbolically inherent in a bird\u27s nest, it is hypothesized that individuals will project their own internal representations of attachment and sense of relational security when asked to draw their own nest. Interpretations based on these drawings are rooted in attachment theory and seek to provide insight into the ways in which individuals experience their primary attachment relationships. Since the BND is symbolic in nature, it also allows children and adolescents to explore relational themes in a way that may feel safer than being asked to speak about it more directly. The aim of this study was to qualitatively explore the clinical utility of the BND in a sample of children. Children were asked to complete both a BND and an accompanying narrative story and their parents were asked to complete a brief interview. The interview contained questions related to their child\u27s attachment and relational behavior. After measures were completed, materials were analyzed utilizing a multi-case study design, looking at themes and content present within measures for each participant. It was hypothesized that there will be thematic relationships between the BND, narrative story and parent interview. Additionally, it was hypothesized that reflective functioning and narrative coherence observed during the parent interview will be associated with attachment security represented with their child\u27s BND and narrative. This research serves as a pilot study to demonstrate how the BND can be used to better understand a client\u27s own attachment prior to beginning psychotherapy. The BND has limited research and there have been no studies that look at the BND in conjunction with the accompanying narrative and an interview with a parent. Furthermore, understanding components of attachment in children during the middle childhood period of development is particularly important in observing how children begin to apply internal representations of attachment to relationships outside their home environment
Pennsylvania Gas: Trusts, Takings, and Judicial Temperaments
Get PDFPerhaps it is their role in our survival, or our economic growth, or the environment. Whatever the reason, energy and natural resource conflicts seems to be unique in the way they can drive significant doctrinal change even outside of energy and natural resource law. Pennsylvania has been a fountainhead of these conflicts. In 1921, Pennsylvania’s Kohler Act and lesser known Fowler Act, which sought to protect surface owners from anthracite coal mine subsidence and to increase tax revenue from anthracite mining, ignited the legal wrangling that eventually led to Pennsylvania Coal Co. v. Mahon. That U.S. Supreme Court decision transformed the Takings Clause of the Fifth Amendment and forever changed property regulation. In 2012, a series of acts of the Pennsylvania General Assembly seeking to capitalize on the hydraulic fracturing boom triggered a fiscal fight that resulted in the Pennsylvania Supreme Court’s 2017 decision in Pennsylvania Env. Def. Foundation v. Commonwealth, which gave self-enforcing legal meaning to the Environmental Rights Amendment of the Pennsylvania Constitution. This latter decisions both shifted Pennsylvania’s administrative and legislative law landscapes and may provide a more meaningful legal framework for constitutional environmental protection than currently exists in the United States. This paper compares and contrasts these two cases, which have so much and so little in common. The paper highlights a series of similarities and offers lessons about doctrinal change, environmental law, and advocacy strategy. In particular, this paper will focus on the way that case outcomes and legal reasoning can conflict. Penn Coal is a triumph of economic liberalism and a boon to the conservative property rights movement. Nevertheless, and has been noted elsewhere, it is an example of Justice Holmes’ famous progressive jurisprudence. Conversely, Pennsylvania Env. Def. Foundation is an unparalleled win for environmental protection, but it evidences a classically conservative approach to legal reasoning. The paper will conclude with an attempt to understand what we mean by the terms conservative, moderate, and progressive in the context of environmental law