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American University Washington College of Law

2015

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Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith Nov 2015

Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith

Reports

The aim of this consultation with experts is to ensure that the Special Rapporteur receives the necessary exposure to the different practices, international standards and jurisprudence, and expert opinions that will help him draft his forthcoming thematic report for the United Nations Human Rights Council. The report will focus on assessing the unique experiences of women, girl children and LGBTI persons from the perspective of torture and other cruel, inhuman or degrading treatment and punishment (“CIDTP”) in international law. The consultation will focus on specific practices where the mistreatment rises to the level of torture or CIDTP to identify gaps …


Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith Jun 2015

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …


Should The American Grand Jury Survive Ferguson, Roger Fairfax Apr 2015

Should The American Grand Jury Survive Ferguson, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied


Americas, Human Rights Brief Jan 2015

Americas, Human Rights Brief

Human Rights Brief

No abstract provided.


Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard Jan 2015

Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard

Criminal Law Practitioner

No abstract provided.


Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill Jan 2015

Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill

Criminal Law Practitioner

No abstract provided.


The Fourth Amendment In The Digital Age Symposium, Braxton Marcela Jan 2015

The Fourth Amendment In The Digital Age Symposium, Braxton Marcela

Criminal Law Practitioner

No abstract provided.


Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler Jan 2015

Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler

Criminal Law Practitioner

No abstract provided.


Combating Terrorism With The Alien Terrorist Removal Court, Jonathan H. Yu Jan 2015

Combating Terrorism With The Alien Terrorist Removal Court, Jonathan H. Yu

American University National Security Law Brief

No abstract provided.


Gender Respect Education: A Proposal To Combat Commercial Sexual Exploitation, Serena Patel Jan 2015

Gender Respect Education: A Proposal To Combat Commercial Sexual Exploitation, Serena Patel

American University Journal of Gender, Social Policy & the Law

No abstract provided.


D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf Jan 2015

D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf

American University Law Review

The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion. This Article details the rise of Secure Communities and describes the devolution of discretion that ultimately undermined the program. It then spotlights a little-noticed attribute of the PEP-one that addresses head-on Secure Communities' devolution of enforcement discretion to the lowest level. PEP attempts to recapture ftderal discretion to …


Terror In The Press: How The U.K.’S Threatened Criminalization Of The Guardian Under The Terrorism Act 2000 Would Violate Article 10 Of The European Convention On Human Rights, Christa Elliott Jan 2015

Terror In The Press: How The U.K.’S Threatened Criminalization Of The Guardian Under The Terrorism Act 2000 Would Violate Article 10 Of The European Convention On Human Rights, Christa Elliott

American University International Law Review

No abstract provided.


High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly Jan 2015

High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly

American University Journal of Gender, Social Policy & the Law

This student comment examines the efficacy of marijuana being regulated by the Food and Drug Administration. The author discusses and applies potential FDA regulatory models that could be used to regulate marijuana. The comment concludes marijuana could be easily regulated under the current Food and Drug Administration regulatory scheme and suggests that marijuana should be regulated in a manner akin to tobacco rather than as a drug.


Women And Children: The Cutting Edge Of International Law, Radhika Coomaraswamy Jan 2015

Women And Children: The Cutting Edge Of International Law, Radhika Coomaraswamy

American University International Law Review

No abstract provided.


Prosecutorial Discretion In The Investigation And Prosecution Of Massive Human Rights Violations: Lessons From The Argentine Experience, Mariano Gaitan Jan 2015

Prosecutorial Discretion In The Investigation And Prosecution Of Massive Human Rights Violations: Lessons From The Argentine Experience, Mariano Gaitan

American University International Law Review

No abstract provided.


From The Editors, Raleigh Mark, Trevor Addie Jan 2015

From The Editors, Raleigh Mark, Trevor Addie

Criminal Law Practitioner

No abstract provided.


An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen Jan 2015

An End To The Mystery, A New Beginning For The Debate: National Inventory Of Collateral Consequences Of Conviction (Niccc) Provides Complete List Of Every Collateral Consequence In The Country, Alex Tway, Jonathan K. Gitlen

Criminal Law Practitioner

No abstract provided.


Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg Jan 2015

Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg

Criminal Law Practitioner

No abstract provided.


Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson Jan 2015

Prosecutors Should Consider Collateral Consequences, Robert M.A. Johnson

Criminal Law Practitioner

No abstract provided.


Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell Jan 2015

Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell

Criminal Law Practitioner

No abstract provided.


'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston Jan 2015

'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston

Criminal Law Practitioner

No abstract provided.


Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe Jan 2015

Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe

American University Law Review

No abstract provided.


Why Capital Punishment Is No Punishment At All, Jason Iuliano Jan 2015

Why Capital Punishment Is No Punishment At All, Jason Iuliano

American University Law Review

Capital punishment has generated an incredible amount of public debate. Is the practice constitutional? Does it deter crime? Is it humane? Supporters and opponents of capital punishment disagree on all of these issues and many more. There is perhaps only one thing that unites these two camps: the belief that the death penalty is society's most severe punishment. In this Article, I argue that this belief is mistaken. Capital punishment is not at the top of the punishment hierarchy. In fact, it is no punishment at all. My argument builds from a basic conception of punishment endorsed by the Supreme …


Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox Jan 2015

Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith Jan 2015

Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice — sexual abuse of boys in custody by female staff. Professor Smith outlines the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk article concludes with policy and practice prescription and recommendations for further …


The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher Jan 2015

The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher

American University Law Review

No abstract provided.


Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett Jan 2015

Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett

American University Law Review

The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …


Growing Inequality And Children, Naomi Cahn, June Carbone Jan 2015

Growing Inequality And Children, Naomi Cahn, June Carbone

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin Jan 2015

Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin

Criminal Law Practitioner

No abstract provided.


Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado Jan 2015

Overcoming Obstacles To Succeed: Notifying Youth Of Their Juvenile Record Expungement Rights And Eligibility, Riya Saha Shah, Lourdes M. Rosado

Criminal Law Practitioner

No abstract provided.