Digital Commons Network^™

Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar

The University of Notre Dame Australia Law Review

The issue of racism is one that is covered by both international treaties and domestic legislation. Most major sports, however, now have internal regulations, usually reflecting the treaties and legislation. Case studies from Australian, English and European sport, in particular, football, basketball, cricket and rugby league, indicate that the internal regulations have been effective in dealing with racism issues in those sports. The issues have involved players, managers, coaches, owners, officials and spectators, with the latter representing the main problem area for sport. The reasons for this are that it can be harder to identify the culprits and there is …

From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt

The University of Notre Dame Australia Law Review

This article examines the relationship between just war theory and the modern principle of responsibility to protect (R2P). In the absence of the principle’s clear use as a justification for the use of force, this article considers two situations which prompted debate about the applicability of the principle - the UN Security Council authorised no-fly-zone in Libya in 2011 and the decision not to use force in Syria in 2012. The article’s core message is that the debates about R2P suggest that rather than view R2P as a ‘new’ principle of international law, it should be viewed as a modern …

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.

Hospital Knows Best: Court And Unfit Accused At The Mercy Of Hospital Administrators: The Case Of R. V. Conception, Suzan E. Fraser

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article analyzes the Supreme Court’s 2014 decision in R. v. Conception which considered the treatment order provisions of the Criminal Code, finding that a court may not make a forthwith treatment order without the consent of the hospital except in rare cases where a delay would breach the accused’s rights under the Canadian Charter of Rights and Freedoms (Charter). This article argues that the case represents a departure from three decades of legal developments in the sphere of civil and forensic mental health law unified by the principles of restraint and oversight. Further, the article suggests that the decision …

Law, Politics And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article was written for Osgoode Hall Law School’s annual Consti- tutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilhqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: …

The Recognition Of Prosecutorial Obligations In An Era Of Mandatory Minimum Sentences Of Imprisonment And Over-Representation Of Aboriginal People In Prisons, Marie Manikis

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Canada, recent decisions have reaffirmed the almost unfettered discretionary power of prosecutors, and in Anderson the Supreme Court has also decided that prosecutors, unlike judges, do not have a constitutional obligation to consider the principle of proportionality, including Aboriginal status, when making decisions that trigger mandatory minimums and reduce the sentencing options available for judges. The Court found that the role of prosecutors is substantially different than the role of judges, highlighting that the prosecutorial function does not include sentencing, and that prosecutorial discretion should generally be protected from judicial oversight. One may wonder whether this is a realistic …

Threading Together Abuse Of Process And Exclusion Of Evidence: How It Became Possible To Rebuke Mr. Big, Steve Coughlan

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article argues that the objections to the Mr. Big investigation technique have been apparent since the very first use of it over a century ago, but that the law has not had the tools to give legal form to those objections until quite recently. The article traces the development of the abuse of process doctrine (from “none at all” to “forward-looking only” to “backward-looking as well”) and of exclusion of evidence (from “none at all” to “only for Charter breaches” to “for non-Charter breaches as well”). Based on that discussion, it argues that it is only in the past …

A Sufficiency-Of-The-Evidence Exception To The New York Appellate Preservation Rule, Matthew Bova

City University of New York Law Review

No abstract provided.

Radtalks: What Could Be Possible If The Law Really Stood For Black Lives?, Purvi Shah, Colette Pichon Battle, Vincent Warren, Alicia Garza, Elle Hearns, Carl Williams, Norris Henderson, Umi Selah, Maurice Mitchell

City University of New York Law Review

A Series of Talks Delivered at the Law for Black Lives Convening, Organized by the Bertha Justice Institute at the Center for Constitutional Rights

Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari

Indonesia Law Review

Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …

Engaging Children And Families In Culturally Relevant Literacies, Patricia Piña, Kindel T. Nash, Alicia Boardman, Bilal Polson, Leah Panther

Journal of Family Strengths

This article offers theoretical and practical strategies for engaging families, communities, and young children in culturally relevant and responsive early literacies. The authors highlight findings from data collected in their own classrooms and with families and communities for the Professional Dyads in Culturally Relevant (PDCRT) teaching project,[1] a collaborative research partnership (2013-2015) between teacher educator-teacher dads [2] aimed at generating, investigating, and documenting culturally relevant/responsive practices for early childhood contexts.

[1]The PDCRT was initiated by Affirmative Action Committee of the Early Childhood Education Assembly of the National Council of Teachers of English (NCTE).

[2]University-School Partners

Big Read: Collaborations Between A University And A Community, Chris Birchak, Keri Bell, Rachel Dickson, Vida Robertson, Leigh Van Horn

Journal of Family Strengths

University and community partners write about their collaborations around the reading of Ernest Gaines’ A Lesson Before Dying. When an urban university received a National Endowment of the Arts Big Read Grant, they immediately began making connections to existing key initiatives within the university and in the surrounding community. As the partners collaborated within and among the university and community programs and events created for the Big Read they made multiple discoveries regarding the importance of planning together, analyzing the intended audience for each program and event, including multiple ways to access the text, and considering the ways that readers …

Ethics Of Thai Politicians, Wariya Chinwanno, Thitarree Sirisrisornchai

Asia-Pacific Social Science Review

No abstract provided.

Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic

City University of New York Law Review

No abstract provided.

Teaching Compassion In Prison: A Key To Learning, Em Strang

Journal of Prison Education and Reentry (2014-2023)

In a project with long-term prisoners at HMP Dumfries, Scotland, tutors and students explore the notion and application of compassion, focusing in particular on the ways in which understanding compassion enables learning – not just the learning of academic subjects but also of interpersonal skills and emotional intelligence. The project highlights the benefits of teaching a so-called extracurricular subject, at the same time as revealing its centrality to learning in the first place. A lack of adequate teaching time in prison, and the fact that compassion is not considered a core subject in education, are both cited as obstacles in …

The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder

DePaul Journal of Women, Gender and the Law

“The Constitution and Societal Norms: A Modern Case for Female Breast Equality” argues that laws prohibiting the public display of the female breast, but not the male breast, are unconstitutional under the Fourteenth Amendment’s Equal Protection Clause. That these laws discriminate against women is obvious, yet courts have historically refused to recognize an Equal Protection Clause violation. However, the primary reasons courts rely upon are ripe for review. Most significantly, courts typically justify female breast censorship laws based on the government interest in protecting public sensibilities, without recognizing that public sensibilities change. Indeed, perceptions of the public female breast have …

Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia

DePaul Journal of Women, Gender and the Law

Prison is an oppressive institution created for men, by men. While some may argue that oppression is the point of prison, this oppression is still created for and directed toward men. Because the paradigm of a prisoner is a violent male, the needs and concerns of women are often not considered. Female prisoners, therefore, experience layers of oppression: intended oppression inherent in the prison system, as well as gender-based oppression inherent in our society. Furthermore, incarcerated mothers experience a third layer of oppression due to their roles and expectations in society. “The mother” is glorified, but when a woman breaks …

Preliminary Results Of The Louisiana Sex Offender Treatment Program, Lee A. Underwood, Frances L.L. Dailey, Carrie Merino, Yolanda Crump

Journal of Prison Education and Reentry (2014-2023)

The purpose of this study was to offer preliminary support for the Louisiana Sex Offender Treatment Program (LSOTP) in addressing the needs of juvenile sex offenders. Research objectives were (1) to offer statistical evidence for reductions in anxiety, depression, cognitive distortion and negative attitudes towards women comparing a group of 21 adolescents, 12 of whom received services as usual and nine of whom participated in the LSOTP. A controlled experimental evaluation design was utilized. The juvenile sex offenders were randomly assigned to the experimental group for 12 weeks receiving treatment services and a control group receiving care “as usual” in …

Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn P. Gouldin, James B. Jacobs, Elena Larrauri

Fordham International Law Journal

Because the revolution in information technology has made individual criminal history records more comprehensive, efficient, and retrievable, an individual’s criminal history has become an ever more crucial marker of character and public identity. The broad range of collateral consequences of criminal convictions has become a very salient issue for criminal justice scholars and reformers. A single criminal conviction can trigger thousands of potentially applicable restrictions, penalties, or other civil disabilities. There is no better example of this phenomenon than immigration law and policy, where developments in data storage and retrieval converge with opposition to immigration, especially to immigrants who bear …

Defining The Indian Civil Rights Act's "Sufficiently Trained" Tribal Court Judge, Jill Elizabeth Tompkins

American Indian Law Journal

No abstract provided.

Theorizing International Criminal Procedure Review Essay: Christoph Safferling's International Criminal Procedure, Sujith Xavier

The Transnational Human Rights Review

No abstract provided.

Orange Is The New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders, Shaina D. Massie

William & Mary Bill of Rights Journal

No abstract provided.

The Use And Misuse Of Patent Licenses, Jonathan S. Masur

Northwestern University Law Review

Patents are becoming an increasingly large business with ever greater resources devoted to litigation and enforcement. At the center of that business lie the damages that courts award at trial and the ways in which courts go about calculating those damages. Yet the legal standards meant to govern patent damages are notoriously ambiguous and unhelpful. In the face of these difficulties, courts have sought a market mechanism that would aid them in calculating patent damages. The solution they have seized upon is to use existing licenses, typically granted by the plaintiff to third parties, as evidence of the proper measure …

Ensuring Insurance: Adequate And Appropriate Coverage For Brady Claims In Illinois, Joe Delich

Northwestern University Law Review

The increase in wrongful conviction litigation has engendered a number of new doctrinal problems. This Note examines the existing rules governing insurance coverage for wrongful-conviction-related torts, in particular, due process claims for Brady violations. It then explores the rationale for the continuous trigger doctrine in the asbestos context, and argues that wrongful conviction claims call for a similar approach due to comparable latency concerns. There is a particular focus on Illinois law due to the state’s prevalence of wrongful conviction litigation and recent shifts in the law governing insurance triggers for malicious prosecution.

Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig

Northwestern University Law Review

Under 42 U.S.C. § 1983, individuals may sue those who violate their constitutional rights while acting under color of state law. The Supreme Court has held that private actors may act under color of state law, and may be sued under § 1983 in some circumstances. However, courts have not been consistent in determining whether private university police forces act under color of state law. Private universities often maintain police forces that are given extensive police powers by state statutes but are controlled by private entities. Some courts have looked directly to the state statutes that delegate police power, but …

E-Discovery In Criminal Defense: Challenges Of Pretrial Detainee Access, Emilee A. Sahli

City University of New York Law Review

No abstract provided.

Risky Business: Determining The Business Necessity Of Criminal Background Checks, Kelsey Sullivan

University of Chicago Legal Forum

No abstract provided.

Degrees Of Corruption: The Current State Of "Corrupt Persuasion" In 18 Usc Sec. 1512, Diane A. Shrewsbury

University of Chicago Legal Forum

No abstract provided.

"Carbon Copy" Prosecutions: A Growing Anticorruption Phenomenon In A Shrinking World, Andrew S. Boutros, T. Markus Funk

University of Chicago Legal Forum

No abstract provided.

Making Sure "The Buck Stops Here": Barring Executives For Corporate Violations, Peter J. Henning

University of Chicago Legal Forum

No abstract provided.