Digital Commons Network^™

Wrongful Convictions And Forensic Science: The Need To Regulate Crime Labs, Paul C. Giannelli

North Carolina Law Review

No abstract provided.

Defining And Determining Retardation In Texas Capital Murder Defendants: A Proposal To The Texas Legislature., Graham Baker

The Scholar: St. Mary's Law Review on Race and Social Justice

Although the Supreme Court of the United States ruled it is cruel and unusual to execute someone with a mental handicap, Texas statutes still do not adequately protect these individuals. Previously, the Court in Penry v. Lynaugh upheld states executing individuals with mental deficiencies. However, individual states began to outlaw such a practice. When the Court heard Atkins v. Virginia, they determined the states created a national consensus against executing persons who possess certain developmental disabilities, thus rendering it cruel and unusual. Atkins did not, however, define mental retardation and left it up to individual states to determine that criteria. …

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

This Article surveys administrative law developments in appellate cases from June 1, 2006 through May 31, 2007. Only cases from the Georgia Supreme Court and the Georgia Court of Appeals have been reviewed. As compared to prior years, the number of cases in which administrative law principles played a significant role showed no upward spike. There are many other topics that concern elements of administrative law, but this Article does not address cases containing those specific subject matter topics. There is likely some duplication of cases among the subject matter topics, but only the administrative law elements are emphasized in …

Is The Office Closed? The Role Of The Office Of Victims’ Rights After Cooper V. District Court, Richard Allen

Alaska Law Review

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

The most significant news during the current survey period continued to be the judiciary's efforts to come to terms with the "tort reform" legislation enacted by the General Assembly in 2005, particularly Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1, which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.

As discussed below, it is beginning to appear that Georgia courts will follow a somewhat different course than that followed by federal courts in their interpretation of Daubert and Daubert's codification in Federal Rule of Evidence 702. As discussed …

Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly

San Diego International Law Journal

This article examines the impact of the European Court's right to life jurisprudence on the issue of accountability for state violence in Northern Ireland. To date, the initiatives undertaken by the United Kingdom to comply with the European Court's rulings are largely unsatisfactory. Piecemeal institutional reforms aimed at preventing future breaches of Article 2 have failed to fully address the underlying concerns identified by the Court, and domestic right to life jurisprudence has placed significant limitations on the extent to which past violations of the right to life can be dealt with effectively in British courts. The United Kingdom's response …

Due Process For The Past Due: A Legal Aid Attorney's Account Of The Indigent Experience In Today's Criminal Justice System, Michael J. Wilson

DePaul Journal for Social Justice

No abstract provided.

Volume 14, Number 2 (Fall 2007), Peace And Conflict Studies

Peace and Conflict Studies

Abstracts only.

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law Review

The role of justice in assigning criminal liability and punishment has been a matter of long-standing debate. A standard argument against a desert distributive principle-that is, against distributing punishment according to an offender's blameworthiness- has been that such a concept of "desert" is simply too vague and the subject of too much disagreement to operationalize. There may be some truth to these complaints when applied to a philosophical notion of desert, which has been the traditional basis of the desert school.

But more recently, a utilitarian-based theory of desert has urged reliance on an empirical notion of desert, drawn from …

Crusading For The Helpless Or Biting The Hand That Feeds - Applying Landlord-Tenant Law To Residents In Shelters, Matthew R. Hays

Notre Dame Law Review

No abstract provided.

Rethinking Dui Law In Virginia, Monte Kuligowski

University of Richmond Law Review

As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.

Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne

University of Richmond Law Review

No abstract provided.

Hudson And Samson: The Roberts Court Confronts Privacy, Dignity, And The Fourth Amendment, John D. Castiglione

Louisiana Law Review

No abstract provided.

Inter-Ethnic Marriages, The Survival Of Women, And The Logics Of Genocide In Rwanda, Anuradha Chakravarty

Genocide Studies and Prevention: An International Journal

This article focuses on the gendered dimensions of the genocide in Rwanda. It seeks to explain why Tutsi women married to Hutu men appeared to have better chances of survival than Tutsi women married to Tutsi men or even Hutu women married to Tutsi men. Based on data from a field site in southwest Rwanda, the findings and insights offered here draw on the gendered, racial, and operational dynamics of the genocide as it unfolded between April and July 1994.

The Future Of The Academic Library Serials Collection, Barbara M. Pope Mals

Against the Grain

No abstract provided.

Full Page Ads, Editor

Against the Grain

No abstract provided.

The Price Of Misdemeanor Representation, Erica J. Hashimoto

William & Mary Law Review

Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forty years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level …

International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee

University of Pennsylvania Law Review

No abstract provided.

Intentionalism's Revival, James J. Brudney

San Diego Law Review

The Article situates BLMRod's article in the context of recent efforts by a number of scholars to reclaim foundational legitimacy for intentionalism as an approach to construing statutes. The essay first applauds BLMRod's use of insights from communication theory to conceptualize statutes as compressed substantive or procedural commands that cannot be adequately understood without an appreciation for the compression process that generated them. The essay explores certain implications of this thematic focus. It discusses how the authors' approach may help clarify the status of legislative history as evidence of ascribed or imputed intent. It also suggests how that approach may …

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

An Introduction To The Online Forum, The Editors

Seattle Journal for Social Justice

No abstract provided.

In Defence Of Gender Neutrality Within Rape, Philip N.S. Rumney

Seattle Journal for Social Justice

No abstract provided.

"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr.

William & Mary Law Review

No abstract provided.

Table Of Contents, Depaul College Of Law

DePaul Journal for Social Justice

No abstract provided.

Contract Law And Its Potential Impact On Parole And Probation Searches, Michael Chmelar

Northern Illinois University Law Review

When considering a defendant's motion to reconsider his sentence or motion to reduce his sentence, Illinois courts apply principals of contract law to hold the defendant to his negotiated plea agreement. However, courts only utilize contract law to enforce the sentence length and not other material terms of a negotiated plea. Specifically, Illinois courts have not enforced search conditions in probation or parole orders when challenged through a motion to quash and suppress. The failure to extend the use of contract principals to the search term of a sentence could create a conflict with how courts enforce negotiated pleas. In …

Beginner’S Guide To Community-Based Arts, Ramona Anne Caponegro

Community Literacy Journal

No abstract provided.

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.

Front Cover, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Front Matter, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared las summer in The Michigan Citizen of Detroit. Immediately after the disturbances …