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University of Maryland Francis King Carey School of Law

2005

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Human Rights Claims Vs. The State: Is Sovereignty Really Eroding?, Chandra Lekha Sriram Dec 2005

Human Rights Claims Vs. The State: Is Sovereignty Really Eroding?, Chandra Lekha Sriram

Faculty Scholarship

It is often argued that the increase in agreements, specialized courts, and litigation protecting human rights or responding to past abuses of human rights has begun to erode sovereignty. Contrary to traditional principles of non-interference in internal affairs, it is argued, genuine protection of human rights involves an invasion of the sovereign preserve of the state. While many examples might be adduced in support of this claim, ranging from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda to the European Court of Human Rights, this article examines two types of transnational procedures: civil accountability through the use …


Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram Oct 2005

Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram

Faculty Scholarship

As institutions of international justice proliferate, so do disputes about their legitimacy, and about what shape they ought to take. As truly international tools such as the International Criminal Court and the exercise of universal jurisdiction face political and practical challenges, some scholars and practitioners have advocated a distinct institutional solution: the hybrid court. These are courts that are neither purely national nor international, but rather that pursue accountability in the country where abuses and crimes occurred, but with both national and international staff, and utilizing a mixture of national and international law. Many have suggested that these tribunals represent …


Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson Oct 2005

Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson

Faculty Scholarship

Few decisions are as determinative of a child’s well-being and long-term success as the decision to remove a child from his or her own home following an allegation of abuse by a parent. Using the public health lens Professor Marsha Garrison develops elsewhere in this Issue, this Comment examines one of the most critical questions Child Protective Services agencies face thousands of times a day: whether to remove a child who is a possible victim of abuse or neglect from his or her home. This evidence-based approach shows that the choice to remove the child rather than the alleged offender …


In Practice, V. 6, No. 1, Fall 2005 Sep 2005

In Practice, V. 6, No. 1, Fall 2005

In Practice

No abstract provided.


Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reentry Into Criminal Defense Lawyering, Michael Pinard Jul 2005

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reentry Into Criminal Defense Lawyering, Michael Pinard

Faculty Scholarship

In this article, Professor Michael Pinard highlights the holistic model of criminal defense representation, which seeks to address the myriad issues that often lead to the client’s involvement with the criminal justice system with the overarching goal of providing a comprehensive solution to those underlying factors. While lauding these developments, however, Professor Pinard argues that the holistic model has largely overlooked two facets of the criminal justice system that impact greatly the client’s life once the formal representation has concluded: the collateral consequences of criminal convictions and reentry. Professor Pinard explores the emerging attention devoted to these two components, but …


Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super May 2005

Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super

Faculty Scholarship

Some state food stamp agencies are overly aggressive in pursuing charges that claimants have committed intentional program violations. Just as failure to pursue allegations of fraud can undermine the Food Stamp Program’s goals, so can intimidation of claimants. States should take care to follow appropriate procedures in their investigations, and Food and Nutrition Service regulations offer ample grounds to advocate fair treatment of clients. Four key principles should guide states’ antifraud efforts.


Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson Apr 2005

Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson

Faculty Scholarship

Child services caseworkers adhere to the belief that, in the absence of prosecution, the only remedy for protecting a child harmed by a parent is to remove the child from her home. The effect of this often is to leave the alleged perpetrator in the household with the victim's siblings. Using sexual violence as an example, this Comment contends the evidence of potential risk for the remaining children is so overwhelming that, as a matter of policy, an adult who violates one child should be removed from the household. Parents who commit incest rarely stop with one child. Ignoring such …


Law & Health Care Newsletter, V. 12, No. 2, Spring 2005 Apr 2005

Law & Health Care Newsletter, V. 12, No. 2, Spring 2005

Law & Health Care Newsletter

No abstract provided.


Civil Legal Needs Of Individuals In Drug Treatment, Ellen M. Weber, Rachel C. Grunberger, Kevin E. O'Grady, Amelia M. Arria Mar 2005

Civil Legal Needs Of Individuals In Drug Treatment, Ellen M. Weber, Rachel C. Grunberger, Kevin E. O'Grady, Amelia M. Arria

Faculty Scholarship

No abstract provided.


Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann Jan 2005

Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann

Maryland Law Review

Millemann surveys the legal remedies that convicted persons in Maryland have, focuses on the remedies provided by the Uniform Post Conviction Procedures Act, identifies several problems with the application of the Act - including the courts' overuse of the waiver provisions and failures to more fully develop and use exceptions to waiver, and argues that state courts have a special responsibility to protect the rights of prisoners given the general disengagement by federal courts.


New Faculty Appointments Jan 2005

New Faculty Appointments

JD Alumni Magazine

No abstract provided.


Health Care And The Law: A Strong Prescription For The Future, Veronica L. Naismith Jan 2005

Health Care And The Law: A Strong Prescription For The Future, Veronica L. Naismith

JD Alumni Magazine

With health care issues at the forefront of today's news, the dynamic Law & Health Care Program is contributing to the debate - with real world answers.


Publications, Presentations, And Honors Jan 2005

Publications, Presentations, And Honors

JD Alumni Magazine

A sampling of the myriad activities of the law school community - highlighting a diverse range of leadership in scholarship, teaching, and public service.


Conferences And Symposia Jan 2005

Conferences And Symposia

JD Alumni Magazine

Mutual Fund Fraud - The Decisions of Sandra Day O'Connor - Meyerowitz Moot Court Competition - Health Care and Race - Technology and Access to Justice - Ward Kershaw and Toxics Data Gaps - ABA Environmental Conference - Alternatives to Incarceration - Constitutional Law Schmooze - Women Changing Corporate Governance


Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza Jan 2005

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Maryland Law Review

No abstract provided.


Preferring White Lives: The Racial Administration Of The Death Penalty In Maryland, Michael Millemann, Gary W. Christopher Jan 2005

Preferring White Lives: The Racial Administration Of The Death Penalty In Maryland, Michael Millemann, Gary W. Christopher

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Tributes To Professor Edward Tomlinson, Karen Rothenberg, David Bogen, Alan D. Hornstein, Gary E. Bair Jan 2005

Tributes To Professor Edward Tomlinson, Karen Rothenberg, David Bogen, Alan D. Hornstein, Gary E. Bair

Maryland Law Review

No abstract provided.


A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin Jan 2005

A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin

Maryland Law Review

No abstract provided.


Brown’S Lesson: To Integrate Or Separate Is Not The Question, But How To Achieve A Non-Racist Society, Thomas E. Kleven Jan 2005

Brown’S Lesson: To Integrate Or Separate Is Not The Question, But How To Achieve A Non-Racist Society, Thomas E. Kleven

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe Jan 2005

Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent Jan 2005

Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas Jan 2005

Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Dui Treatment Programs And Religious Freedom: Does Cutter V. Wilkinson Change The Analysis?, Morris Jenkins, Brandene Moore, Eric Lambert, Alan Clarke Jan 2005

Dui Treatment Programs And Religious Freedom: Does Cutter V. Wilkinson Change The Analysis?, Morris Jenkins, Brandene Moore, Eric Lambert, Alan Clarke

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Evolving, Yet Still Inadequate, Legal Protections Afforded Battered Immigrant Women, Indira K. Balram Jan 2005

The Evolving, Yet Still Inadequate, Legal Protections Afforded Battered Immigrant Women, Indira K. Balram

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.