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Articles 1 - 30 of 38
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Gender-Based Violence And Honest Victim Scripting In The Twitterverse, Francine Banner
Gender-Based Violence And Honest Victim Scripting In The Twitterverse, Francine Banner
Francine Banner
This article critically analyzes Tweets regarding recent allegations of interpersonal violence against celebrities in order to explore societal perceptions of and expectations about alleged victims and perpetrators. The article concludes that Twitter may be viewed as a micro-courtroom in which victims’ veracity and perpetrators’ responses are evaluated, interrogated, and assessed. A key, feminist critique of rape law is that the determination of guilt or innocence of the perpetrator too often hinges on assessment of the character of the victim. This is borne out on Twitter, where the terms “gold digger,” “slut,” and “ho” are engaged to describe those who come …
The Hauntings Of Mamudiyah, Francine Banner, Tyler Wall
The Hauntings Of Mamudiyah, Francine Banner, Tyler Wall
Francine Banner
On March 12, 2006, five American soldiers stationed in Mamudiyah Province, Iraq had a few drinks, played a couple hands of cards, then jogged in staggered formation to nearby Yusufiyah Province, where they systematically murdered Abeer al Janabi her family. The perpetrators have been sentenced, yet, the ghosts of that day continue to haunt us. This essay engages the methodology of haunting investigation in order to explore the ghosts of race, class, and gender as they manifested themselves at Mamudiyah. Exploring trial transcripts, media accounts, and data obtained via interviews with American soldiers, we examine the ways in which these …
Inclusive Excellence: Diversity Pipeline From School To Practice In Az, Tracy Sanders
Inclusive Excellence: Diversity Pipeline From School To Practice In Az, Tracy Sanders
Tracy Sanders
In 2012, according to the American Bar Association (“ABA”), racial minorities accounted for approximately 10 percent of attorneys and 24 percent of law students in the United States. This moderate increase in the number of attorneys and law students of color represents a statistically significant improvement as compared to previous decades.
Lincoln's Other War, Chris Derose
Pension Spiking, Tracy Sanders
Latina And Latino Judges: Changing The Complexion Of The Bench, Mary Dolores Guerra
Latina And Latino Judges: Changing The Complexion Of The Bench, Mary Dolores Guerra
Mary Dolores Guerra
Although having a diverse bench is instrumental to a fair judicial system, the first Mexican American was not appointed to the federal bench until 1961. In that year, President John F. Kennedy appointed Reynaldo G. Garza, to the U.S. federal bench as a district court judge. Judge Garza hoped that by becoming an “effective jurist” he would quell any scrutiny over his appointment and, moreover, “encourage [the] appointment of other qualified Mexican Americans to the federal bench.” Judge Garza was the only Latino appointed to the federal bench until 1979 when President Jimmy Carter appointed several Latinos to the bench, …
Bitcoin: The Revolutionary Currency, Tracy Sanders
Bitcoin: The Revolutionary Currency, Tracy Sanders
Tracy Sanders
No abstract provided.
Book Review: Eduardo Aldunate, Backpacks Full Of Hope: The Un Mission In Haiti, Glenys Spence
Book Review: Eduardo Aldunate, Backpacks Full Of Hope: The Un Mission In Haiti, Glenys Spence
Glenys Spence
No abstract provided.
Shelby County V. Holder Impacting Voting Rights In Arizona, Tracy Sanders
Shelby County V. Holder Impacting Voting Rights In Arizona, Tracy Sanders
Tracy Sanders
No abstract provided.
Defendants Guilty Of Being Innocent; Prosecutors Guilty Of Being Human, Keith Swisher
Defendants Guilty Of Being Innocent; Prosecutors Guilty Of Being Human, Keith Swisher
Keith Swisher
A published debate between Professor Keith Swisher and the Maricopa County Attorney Bill Montgomery (Phoenix) over prosecutorial ethics in the face of wrongful convictions. The debate focuses on whether the state should adopt ethical rules requiring post-conviction disclosure of expulatory evidence.
Book Review: Climate Change Policy In The European Union: Confronting The Dilemmas Of Mitigation And Adaptation?, Glenys Spence
Book Review: Climate Change Policy In The European Union: Confronting The Dilemmas Of Mitigation And Adaptation?, Glenys Spence
Glenys Spence
No abstract provided.
The Short History Of Arizona Legal Ethics, Keith Swisher
The Short History Of Arizona Legal Ethics, Keith Swisher
Keith Swisher
This Essay provides a history of Arizona legal ethics: its substance and procedure. A hundred years ago, legal ethics barely existed in Arizona. Fortunately, a century permits significant progress, as captured in this work. Following the lead of the ABA (among others), Arizona slowly but surely adopted a modernized system of ethical regulation. And today, Arizona shows increasing signs of autonomy in legal ethics. These signs can be seen in Arizona’s independent approach to lawyer screening, prosecutorial ethics, and inadvertent disclosure — to focus on just a few of many examples in this “short history.” In Part I of this …
Immoral Waiver: Judicial Review Of Intra-Military Sexual Assault Claims, Francine Banner
Immoral Waiver: Judicial Review Of Intra-Military Sexual Assault Claims, Francine Banner
Francine Banner
This essay critiques the application of the Feres doctrine and the policy of judicial deference to military affairs in the context of recent class actions against government and military officials for constitutional violations stemming from sexual assaults in the U.S. military. The Pentagon estimates that 19,000 military sexual assaults occur each year. Yet, in 2011, fewer than two hundred persons were convicted of crimes of sexual violence. In the face of such pervasive and longstanding constitutional violations, this essay argues that the balance of harms weighs heavily in favor of judicial intervention. The piece discusses why, from both legal and …
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption, Glenys Spence
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption, Glenys Spence
Glenys Spence
No abstract provided.
Pregnant Pause: The Interplay Of Gendered Expectations And Pregnancy In Legal Education, Ilya Iussa
Pregnant Pause: The Interplay Of Gendered Expectations And Pregnancy In Legal Education, Ilya Iussa
Ilya Iussa
PREGNANT PAUSE: THE INTERPLAY OF GENDERED EXPECTATIONS AND PREGNANCY IN LEGAL EDUCATION
Abstract
Is the law student biased against pregnant women? No systematic empirical study exists that can confirm whether law or university students in fact evidence bias towards visibly pregnant professors. This article, thus, reviews scholarship in the social sciences that identifies the occurrence, pervasiveness, cause and effects of student bias towards professors that do not exemplify the “normal professor body.”
This article reflects upon my interactions with law students as their professor during the course of my recent pregnancy and posits that certain perceptions held by my students …
Recusal, Government Ethics, And Superannuated Constitutional Theory, Keith Swisher
Recusal, Government Ethics, And Superannuated Constitutional Theory, Keith Swisher
Keith Swisher
Something good and something bad happened recently in government and judicial ethics; no one has truly noticed yet for some reason. The Supreme Court all but banned First Amendment analysis as applied to recusal laws, both legislative and judicial. That, actually, is the good thing, or so I argue. The bad thing is that the Court, in doing so, used a geriatric approach to constitutional theory. The approach is unduly reverent of anything “old;” and old is not limited to the practices of the Founding Fathers, but also includes “traditional” practices within some undefined range. But what is old is …
The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega
The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega
Jay Kanassatega
The origination and evolution of the abstention doctrine illustrates how the United States Supreme Court has created a workable balance of concurrent federal-state judicial power in circumstances where state law and state policies predominated and accommodated vital federal policy interests. Acknowledging the recent debate among scholars and commentators as to the wisdom of the abstention doctrine, this article advocates in favor of the creation of another application of the doctrine — one that acknowledges both the sovereignty of the American Indian tribes and their democratic governments and the inherent conflict arising from three sovereigns exercising concurrent jurisdiction over the same …
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
Keith Swisher
Prosecutors, our ministers of justice, do not play by the same conflict of interest rules. All other attorneys should not, and cannot, attack their prior work in transactional or litigation matters; nor should other attorneys unquestionably represent clients in matters in which the attorneys themselves face disciplinary, civil, or criminal liability. When prosecutors have likely convicted an innocent person, however, prosecutors are asked to review their own prior work objectively and then to undo it. But they understandably suffer from a conflict between their duty to justice and their duty to themselves — their duty to seek the release of …
Stock Stories, Cultural Norms, And The Shape Of Justice For Native Americans Involved In Interparental Child Custody Disputes In State Court Proceedings, Diana Lopez-Jones
Stock Stories, Cultural Norms, And The Shape Of Justice For Native Americans Involved In Interparental Child Custody Disputes In State Court Proceedings, Diana Lopez-Jones
Diana Lopez-Jones
In an American courtroom, a litigant relies on the evidence and his words--strung together in story form--to convince the judge (or jury) of the merits of the case. The litigants compete, within strict parameters, to tell the stronger and more resonant story. Because stories almost always begin with a shift in “the way things generally are,” stories of change essentially form the foundation for much litigation, especially in family courts. The stories presented by litigants in family court are not only emotionally compelling, but they also incorporate themes common to daily life: family conflicts, spousal relationships, parental responsibilities, financial difficulties, …
Legal Ethics And Campaign Contributions: The Professional Responsibility To Pay For Justice, Keith Swisher
Legal Ethics And Campaign Contributions: The Professional Responsibility To Pay For Justice, Keith Swisher
Keith Swisher
Lawyers as johns, and judges as prostitutes? Across the United States, attorneys (“johns,” as the analogy goes) are giving campaign money to judges (“prostitutes”) and then asking those judges for legal favors in the form of rulings for themselves and their clients. Despite its pervasiveness, this practice has been rarely mentioned, much less theorized, from the attorneys’ ethical point of view. With the surge of money into judicial elections (e.g., Citizens United v. FEC), and the Supreme Court’s renewed interest in protecting justice from the corrupting effects of campaign money (e.g., Caperton v. A.T. Massey Coal Co.), these conflicting currents …
Colonial Relics: Unearthing The Lingering Of Tyranny Of Colonial Discourse In U.S. –Caribbean Immigration Law And Policy, Glenys Spence
Colonial Relics: Unearthing The Lingering Of Tyranny Of Colonial Discourse In U.S. –Caribbean Immigration Law And Policy, Glenys Spence
Glenys Spence
Immigration law is constantly evolving. It is one of the most dynamic and multi-faceted areas of law. Specifically, in the space of asylum and refugee law, practitioners, immigration judges and our appellate courts face a daunting task of reconciling the law with the plethora of human misery that flock to our shores. The laws are plagued with ambiguity and complexity, and the task of interpretation is a daunting one. As a result, legal interpretation by our immigration courts can leave immigrants to languish in “a field of pain and death.” This article will examine the politics of location inherent in …
Lost In Translation: Notario Fraud – Immigration Fraud, Mary Dolores Guerra
Lost In Translation: Notario Fraud – Immigration Fraud, Mary Dolores Guerra
Mary Dolores Guerra
No abstract provided.
Law School Revisited: Reflections On Being A 1l, Mary Dolores Guerra
Law School Revisited: Reflections On Being A 1l, Mary Dolores Guerra
Mary Dolores Guerra
No abstract provided.
The Modern Movement Of Vindicating Violations Of Criminal Defendants’ Rights Through Judicial Discipline, Keith Swisher
The Modern Movement Of Vindicating Violations Of Criminal Defendants’ Rights Through Judicial Discipline, Keith Swisher
Keith Swisher
No abstract provided.
When Judges Should Be Seen, Not Heard: Extrajudicial Comments Concerning Pending Cases And The Controversial Self-Defense Exception In The New Code Of Judicial Conduct, Mark L. Harrison, Keith Swisher
When Judges Should Be Seen, Not Heard: Extrajudicial Comments Concerning Pending Cases And The Controversial Self-Defense Exception In The New Code Of Judicial Conduct, Mark L. Harrison, Keith Swisher
Keith Swisher
No abstract provided.
The Judicial Ethics Of Criminal Law Adjudication, Keith Swisher
The Judicial Ethics Of Criminal Law Adjudication, Keith Swisher
Keith Swisher
Judges in the United States regularly (and often harshly) are disciplined for “bad” criminal law decisions. On a number of levels, it is baffling that this ethical “Rule” — punishing judges for errors of adjudication — has never been the subject of in-depth critical analysis. Thus, this Article is surprisingly the first scholarly work fully deconstructing the Rule (along with attendant considerations in criminal law adjudication) and addressing directly many of the tough questions that have been avoided or mistreated. This Article begins by examining an unexamined, “yet earthshaking” movement—that is, the modern invention of using judicial conduct commissions (“judge …
The Discovery Immunity Exception In Indian Country – Promoting American Indian Sovereignty By Fostering The Rule Of Law, Jay Kanassatega
The Discovery Immunity Exception In Indian Country – Promoting American Indian Sovereignty By Fostering The Rule Of Law, Jay Kanassatega
Jay Kanassatega
The purpose of this article is to encourage federal courts (and Indian tribes) to re-think reliance on tribal sovereign immunity as a basis to quash or modify process directed to Indian tribes and their elected and appointed officials and employees as non-parties to any underlying litigation. In such third-party actions, federal courts should not apply tribal immunity to quash or modify otherwise valid federal process served on an Indian tribe pursuant to the Federal Rules of Civil Procedure, Rule 45. Instead, the federal court should approach the issue with an eye toward implementing Congressional policies aimed at supporting the development …
The Application Of American Anti-Discrimination Laws In A Global Work Environment, Sandra Durant
The Application Of American Anti-Discrimination Laws In A Global Work Environment, Sandra Durant
Sandra Durant
No abstract provided.
The Troubling Rise Of The Legal Profession’S “Good” Moral Character, Keith Swisher
The Troubling Rise Of The Legal Profession’S “Good” Moral Character, Keith Swisher
Keith Swisher
No abstract provided.
The Moral Judge, Keith Swisher