Disquieting Discretion: Race, Geography & the Colorado Death Penalty in the First Decade of the Twenty-First Century

This Article demonstrates through original statistical research that prosecutors in Colorado were more likely to seek the death penalty against minority defendants than against white defendants. Moreover, defendants in Colorado’s Eighteenth Judicial District were more likely to face a death prosecution than defendants elsewhere in the state. Our empirical analysis demonstrates that even when one controls for the differential rates at which different groups commit statutorily death-eligible murders, non-white defendants and defendants in the Eighteenth Judicial District were still more likely than others to face a death penalty prosecution. Even when the heinousness of the crime is accounted for, the race of the accused and the place of the crime are statistically significant predictors of whether prosecutors will seek the death penalty. We discuss the implications of this disparate impact on the constitutionality of Colorado’s death penalty regime, concluding that the Colorado statute does not meet the dictates of the Eighth Amendment to the Constitution.

The First Century of Right to Arms Litigation

This Article examines state court cases involving the right to arms, during the first century following ratification of the Amendment in 1791. This is not the first article to survey some of those cases. This Article includes additional cases, and details the procedural postures and facts, not only the holdings. The Article closely examines how the Supreme Court integrated the nineteenth century arms cases into Heller and McDonald to shape modern Second Amendment law. Part I briefly explains two English cases which greatly influenced American legal understandings. Semayne’s Case is the foundation of “castle doctrine” — the right to home security which includes the right of armed self-defense in the home. Sir John Knight’s Case fortified the tradition of the right to bear arms, providing that the person must bear arms in a non-terrifying manner. Part II examines American antebellum cases; these are the cases to which Heller looked for guidance on the meaning of the Second Amendment. Part III looks at cases from Reconstruction and the early years of Jim Crow, through 1891. As with the antebellum cases, the large majority of post-war cases are from the Southeast, which during the nineteenth century was the region most ardent for gun control. The heart of gun control country was Tennessee and Arkansas; courts there resisted some infringements of the right to arms, but eventually gave up. Heller and McDonald did not look to the Jim Crow cases as constructive precedents on the Second Amendment.

Finding Onesimus: Recovering the Story of a First-Century Fugitive Slave

Author: Ryan Lokkesmoe Title: Finding Onesimus: Recovering the Story of a First-Century Fugitive Slave Advisor: Pamela Eisenbaum Degree Date: August 2015 ABSTRACT This dissertation is an investigation into the experience of a first-century fugitive slave named Onesimus, who is known to us primarily through Paul’s letter to Philemon (Phlm) in the New Testament. Within this broader purpose, this project challenges a popular historical theory for Onesimus’ flight, the so-called Amicus Domini theory. This is the theory that Onesimus fled his master Philemon with the premeditated intention of seeking out the Apostle Paul as a peacemaker in a conflict Onesimus was having with Philemon. The Amicus Domini theory is accepted by many scholars, though rarely discussed in detail or examined critically. The goal of this project is to offer a more probable historical reconstruction of Onesimus’ flight – one that takes better stock of the available evidence (historical, textual, archaeological, legal, and rhetorical). This project is rooted in the sub-discipline of the Historical Critical method, though rhetorical analysis is applied as well. This study offers a translation and commentary of Phlm, as well as an examination of Paul’s rhetoric in the letter. Other sources that specifically mention Onesimus are also investigated, e.g. Colossians, ancient Christian commentators, and the subscriptions in the manuscripts. The project also examines slavery in the Ancient Mediterranean world with a view toward understanding what most slaves experienced, and especially fugitive slaves. Roman law of slavery is also discussed, as well as the estimated travel times and cost of Onesimus’ journey (whether from Colossae to Rome, Caesarea Maritima, or Ephesus). There are many factors that are problematic for the Amicus Domini theory, e.g. the duration of Onesimus’ journey, the financial cost to Philemon, and the fact that the documents typically used to support the Amicus Domini theory (Pliny’s letters to Sabinianus and the writings of Roman jurists) do not comport with the data in Phlm. This dissertation offers a modified theory for Onesimus’ predicament: Amicus Domini Ex Post Facto. Onesimus did not leave Philemon intending to seek out Paul and reconcile with Philemon, but he eventually decided to seek help long after the fact. This historical reconstruction makes better sense of the evidence, and provides a clearer view of what Onesimus faced during his flight.

Portrait of Josephine Evans: 1887-1969

The genre of historical women's biography has a moderately short history, and has evolved into the twenty-first century as women's studies. Simultaneously, biography has become a multifaceted genre that keeps a close relationship between biography, history, women's studies, and cultural studies. The biography of Josephine Evans embraces the genre as a vehicle to enlighten broader historical issues, as the life of an ordinary woman and her position in an historic Colorado family is revealed. Her story contributes to the history of women's roles and rights in the late nineteenth and twentieth century as her life story is representative of the time period. This biography of Josephine Evans is an illustration of a biography written from personal letters, diaries, and recollections.

The Jewish Law Firm: Past and Present

The rise and growth of large Jewish law firms in New York City during the second half of the twentieth century was nothing short of an astounding success story. As late as 1950, there was not a single large Jewish law firm in town. By the mid-1960s, six of the largest twenty law firms were Jewish, and by 1980, four of the largest ten prestigious law firms were Jewish firms. Moreover, the accomplishment of the Jewish firms is especially striking because, while the traditional large White Anglo-Saxon Protestant law firms grew at a fast rate during this period, the Jewish firms grew twice as fast, and they did so in spite of experiencing explicit discrimination. What happened? This book chapter is a revised, updated study of the rise and growth of large New York City Jewish law firms. It is based on the public record, with respect to both the law firms themselves and trends in the legal profession generally, and on over twenty in-depth interviews with lawyers who either founded and practiced at these successful Jewish firms, attempted and failed to establish such firms, or were in a position to join these firms but decided instead to join WASP firms. According to the informants interviewed in this chapter, while Jewish law firms benefited from general decline in anti-Semitism and increased demand for corporate legal services, a unique combination of factors explains the incredible rise of the Jewish firms. First, white-shoe ethos caused large WASP firms to stay out of undignified practice areas and effectively created pockets of Jewish practice areas, where the Jewish firms encountered little competition for their services. Second, hiring and promotion discriminatory practices by the large WASP firms helped create a large pool of talented Jewish lawyers from which the Jewish firms could easily recruit. Finally, the Jewish firms benefited from a flip side of bias phenomenon, that is, they benefited from the positive consequences of stereotyping. Paradoxically, the very success of the Jewish firms is reflected in their demise by the early twenty-first century: because systematic large law firm ethno-religious discrimination against Jewish lawyers has become a thing of the past, the very reason for the existence of Jewish law firms has been nullified. As other minority groups, however, continue to struggle for equality within the senior ranks of Big Law, can the experience of the Jewish firms serve as a “separate-but-equal” blueprint for overcoming contemporary forms of discrimination for women, racial, and other minority attorneys? Perhaps not. As this chapter establishes, the success of large Jewish law firms was the result of unique conditions and circumstances between 1945 and 1980, which are unlikely to be replicated. For example, large law firms have become hyper-competitive and are not likely to allow any newcomers the benefit of protected pockets of practice. While smaller “separate-but-equal” specialized firms, for instance, ones exclusively hiring lawyer-mothers occasionally appear, the rise of large “separate-but-equal” firms is improbable.

Use of Globalization Framework for K-12 Education Adams Five Star Schools, Thornton, Colorado

Many of the educational structures in public education today have their roots in the educational reforms of the industrial and Cold War eras. These educational structures served the United States well in a time of industrialization and two-state global superpowers. However, society has rapidly become more interconnected and globalized. K-12 education has not required that students develop the new skills and habits of mind needed for success in the twenty-first century. This study proposes three curricular and instructional changes to help students meet the needs of a global society in Adams Twelve Five-Star Schools located in Thornton, Colorado. These curricular and instructional reforms, while intended to address globalization, will also help the district stay competitive among local districts.

A Qualitative Investigation of Social Network Efficacy Relative to Employee Recruitment and Generational Needs

Non-traditional means of recruitment for the twenty-first century knowledge worker need to accompany traditional means of recruitment due to an increased usage of technology by the twenty-first century knowledge worker. In this capstone project, the author examined the recruiting efficacy of social networks. Non-traditional means of recruitment through social networks via the World Wide Web can help organizations compete for potential applicants and assist job seekers in securing employment. These means are cost effective for the employer. Examples of organizational usage in this investigation illustrate that social networking can improve efficacy for recruitment and generational needs.

A Human Resource Training Program for Cross-Border Mergers and Acquisitions

Cross-border mergers and acquisitions (M&A) have increased in the twenty-first century; however, the majority of cross-border mergers fail to achieve their financial objectives. Nonetheless, the number of merger failures has not stopped organizations from undertaking mergers. There are multiple sources and types of conflict associated with merger failure, which can all be traced back to the facts that human resource departments have not been utilized effectively and that there has been a lack of planning during the M&A process. Thus, this capstone proposes a training program as a reference for human resource departments to apply best practices for planning, training, and evaluating during the process of M&As, which will help potentially alleviate conflicts during the merger period.

Human Resource's Role in Leveraging Knowledge Management as a Competitive Advantage

The ultra-competitiveness in the twenty-first century's business environment suggests that, to survive, human resource (HR) must prove its value. The knowledge economy presents HR the opportunity to demonstrate its added value through leveraging knowledge management (KM) as a competitive advantage. This capstone reviews the literature on business strategy, knowledge, KM, KM success, and HR to reveal links between these subjects and illustrate three roles HR can undertake to leverage KM as a competitive advantage. The capstone also assesses HR's current contributions to KM through a survey of 42 HR professionals. Survey results suggest that, although HR contributes to the three KM roles, HR is not currently fully capitalizing on the opportunity to become a strategic business partner through KM.

Graveyards to Glamour : Development of Sexualized Angel Imagery in American Art and Advertising

Images of female angels in American art and advertisements have been sexualized in the late twentieth and early twenty-­‐first centuries. Companies such as Victoria’s Secret have appropriated the image of female angels, which first appeared at the beginning of the nineteenth century, and clothed them in lingerie in order to sell a product. This Masters Research Paper explores the evolution of female angelic imagery in the United States in order to understand how and when the image of angels began to be sexualized and used in advertising. Angels in art have been studied extensively; however, there has been no work done which examines how the angels in art and advertising have been sexualized. Nor has any work been done to map the evolution of female angelic imagery in American art. This Masters Research Paper will fill that gap in scholarship.