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Articles 1 - 26 of 26
Full-Text Articles in Entire DC Network
The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood
The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood
University of Michigan Journal of Law Reform
The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.
The Globalisation Of Crime, Mark Findlay
The Globalisation Of Crime, Mark Findlay
Research Collection Yong Pung How School Of Law
As with many emergent themes in today's society, globalisation is simple and complex. Put simply, it is the collapsing of time and space; the process whereby through mass communication, multi-national commerce, internationalised politics, and transnational regulation we seem to be moving inexorably towards a single culture. The more complex interpretation of globalisation is as paradox - wherein there are as many pressures driving us in the direction of the common culture as those keeping us apart.
Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors
Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors
Buffalo Law Review
No abstract provided.
Silencing The Guns In Haiti, Elizabeth Mensch
Silencing The Guns In Haiti, Elizabeth Mensch
Buffalo Law Review
Book review of Irwin Stotzky's Silencing the Guns in Haiti: The Promise of Deliberative Democracy
Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff
Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff
Michigan Journal of Race and Law
This essay argues that the concept of post-nationalism does not precisely explain the American concept of citizenship. This is due to the strict construction of the nation state in American constitutional theory, the ineffective role of international human rights norms in American jurisprudence, and the extension of protection to non-citizens based on territorialist rationales. For these reasons, the author suggests that denizenship is a more appropriate way of viewing the American citizenship model, and is one that explains how notions of personal identity can be transnational while still justifiable within traditional nation-state constructs.
Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama
Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama
Michigan Journal of Race and Law
Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
Georgetown Law Faculty Publications and Other Works
In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …
Crime And Work, Jeffrey Fagan, Richard B. Freeman
Crime And Work, Jeffrey Fagan, Richard B. Freeman
Faculty Scholarship
Crime and legal work are not mutually exclusive choices but represent a continuum of legal and illegal income-generating activities. The links between crime and legal work involve trade-offs among crime returns, punishment costs, legal work opportunity costs, and tastes and preferences regarding both types of work. Rising crime rates in the 1980s in the face of rising incarceration rates suggest that the threat of punishment is not the dominant cost of crime. Crime rates are inversely related to expected legal wages, particularly among young males with limited job skills or prospects. Recent ethnographic research shows that involvement in illegal work …
The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris
The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris
Articles
Racial profiling of drivers - often called "driving while black" - has taken an increasingly important role in the public debate on issues of race and criminal justice. It is one of the few such issues that has penetrated not only the public discourse, but the legislative process as well. This article takes three different approaches in attempting to explain that racial profiling is important not only for its own sake, but because it is a manifestation - both a symbol and a symptom - of all of the most difficult problems that we face at the intersection of race …
Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse
Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse
Reports & Public Policy Documents
Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …
Practicing Medicine Without A License: Legislative Attempts To Mandate Chemical Castration For Repeat Sex Offenders, 32 J. Marshall L. Rev. 381 (1999), Lisa Keesling
UIC Law Review
No abstract provided.
(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
St. Mary's Law Journal
As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …
The Courage Of Our Convictions, Sherman J. Clark
The Courage Of Our Convictions, Sherman J. Clark
Michigan Law Review
This article argues that criminal trial juries perform an important but inadequately appreciated social function. I suggest that jury trials serve as a means through which we as a community take responsibility for - own up to - inherently problematic judgments regarding the blameworthiness or culpability of our fellow citizens. This is distinct from saying that jury trials are a method of making judgments about culpability. They are that; but they are also a means through which we confront our own agency in those judgments. The jury is an institution through which we as individuals take a turn acknowledging and …
Introduction, Michigan Journal Of Race & Law
Introduction, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
The last Supreme Court decision addressing the use of race in admissions to institutions of higher education, Bakke v. Regents of the University of California, affirmed that the role of diversity in colleges and universities is both essential and compelling. Since Bakke, opponents and proponents have wrestled with ideology and theory, but have never had the benefit of a comprehensive theoretical framework that has been tested by reliable empirical data. The University of Michigan has drawn on several of the nation's leading, and most respected, researchers and scholars, to develop such a framework and verify its legitimacy with …
Inside The Aclu: Activism And Anti-Communism In The Late 1960s, Allen K. Rostron
Inside The Aclu: Activism And Anti-Communism In The Late 1960s, Allen K. Rostron
Faculty Works
No abstract provided.
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Articles
Tracy and John had been married for seven years. They were so in love when they met at college. He brought her flowers and wanted to spend all of his free time with her. Everything was perfect. But it seemed to become increasingly tumultuous as soon as they got married, two years later. He didn't just want to spend all of his time with her; he had to know what she was doing every waking moment of the day. He had to approve of her activities and her friends. He called her at work every day. If she wasn't at …
Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker
Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker
Articles
In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …
Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
Foreword: Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Crazy Reasons, Stephen J. Morse
The Foreign Corrupt Practices Act As A Threat To Global Harmony, Steven R. Salbu
The Foreign Corrupt Practices Act As A Threat To Global Harmony, Steven R. Salbu
Michigan Journal of International Law
Focusing primarily on the pragmatic and moral perils of cultural imperialism, I also alluded very briefly to a "political peril" that arises from the FCPA. This peril consists of the added risk of cross-national hostility that is attributable to officious and overreaching legislation across national borders. This article will examine the political hazard in greater detail, explaining why the proliferation of FCPA-style legislation unjustifiably increases the threat to global harmony.
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand
St. Mary's Law Journal
Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …
On Hate And Equality, Alon Harel, Gideon Parchomovsky
On Hate And Equality, Alon Harel, Gideon Parchomovsky
All Faculty Scholarship
Hate crime legislation has sparked substantial political controversy and scholarly discussion. Existing justifications for hate crime legislation proceed on the premise that the rationale supporting such legislation must be found either in the greater gravity of the wrongdoing involved or in the perpetrator's greater degree of culpability. This premise stems from a fundamental theory that dominates criminal law scholarship: the wrongfulness-culpability hypothesis. The wrongfulness-culpability hypothesis posits that the only two grounds that may justify disparate treatment of offenses are the greater wrongfulness of the act or the greater culpability of the perpetrator. Yet, all attempts to demonstrate that hate crimes …
Poverty, Race, And New Directions In Child Welfare Policy, Dorothy E. Roberts
Poverty, Race, And New Directions In Child Welfare Policy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Faculty Articles
Professor Mitchell illustrates that Client-centered Representation does not simplistically reduce to a single admonition: Tell the client's story. The concept is far more nuanced than that. It incorporates a constellation of ideas. Listen to the client's story. Hear what they want. Try to be creative about ways to tell the story. Look for opportunities to bring their story into the legal process. At the same time, the attorney must join together to discuss any risks and problems which may result from various strategic choices, including the risks in even telling the story and whether those risks are worth it to …