Digital Commons Network^™

The Gift Of Milner Ball, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn

Seattle University Law Review

The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …

Trauma-Informed Approaches To Law: Why Restorative Justice Must Understand Trauma And Psychological Coping, Melanie Randall, Lori Haskell

Dalhousie Law Journal

Becoming trauma informed entails becoming more astutely aware of the ways in which people who are traumatized have their life trajectories shaped by the experience and its effects, and developing policies and practices which reflect this understanding. The idea that lawand, in particular the criminaljustice system, should be trauma informed is novel, and, as a result, quite underdeveloped. In this paper we advance the general argument that more effective, fair, intelligent, and just legal responses must work from a perspective which is trauma informed. We specifically apply this argument to legal work being carried out and developed under the rubric …

Tales Of A Fourth Tier Nothing, A Response To Brian Tamanaha's Failing Law Schools, Lucille Jewel

Scholarly Works

This is a paper written in response to Professor Brian Tamanaha’s Failing Law Schools. Much of the book is laudable for highlighting the serious structural, policy, and moral issues confronting legal education today. However, I disagree with several of Professor Tamanaha’s ideas for reforming our system. In this paper, I write from the perspective of a tenured legal writing professor teaching at a for-profit fourth tier school, in fact, one of the schools that Tamanaha repeatedly implies are the problem and not the solution for the legal education crisis.

Part One addresses the idea, which dates back to 1921, that …

Does Brazil Have The Right To Truth?, Glafira A. Marcon

The Macalester Review

Brazil established its first truth commission in November 2011, which seeks to uncover the human rights abuses committed during the military dictatorship from 1964 to 1985. Although no international treaty or convention explicitly recognizes the right to truth, regional precedent suggests that it is a human rights norm. The Truth Commission faces the following barriers: the Amnesty Law protects perpetrators of human rights violations on either side of the conflict, tensions exist between the Brazilian Supreme Court and the regional human rights court, and politically strong military officials still present in the Brazilian government actively block the Truth Commission’s access …

Felony Cases And The Federal Courts: The Guidelines Experience, Terence Dunworth, Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.

School Of Law Commencement: May 4, 2013, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 4, 2013.

“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel

Nehal A. Patel

This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings …

Law's Treatment Of Science: From Idealization To Understanding, Nayha Acharya

Dalhousie Law Journal

Increasing reliance on scientific evidence in litigation has created a demand for discussions directed at enabling a legitimate interaction between science and law The article develops the notion ofprocedural legitimacy-that adherence to legal procedure maintains the legitimacy of the adjudicative system and its outcomes -and applies it to determining how best to admit and use scientific evidence. The problem of undervaluing procedural legitimacy is illustrated through a commentary on contributions to the science and law discussion of Edmond and Roach, and Haack. The author's thesis is that maintaining adjudicative legitimacy depends on procedural rules being applied as vigilantly to science …

Response To Haack And Edmond/Roach Articles, Nayha Acharya

Dalhousie Law Journal

I am grateful to Professors Edmond and Roach' and Professor Haack2 for their thoughtful replies to my paper, Law 's Treatment of Science: From Idealizationto Understanding.Much like my experience after reading "A Contextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence,"' and Haack's contributions, 4 I have come away from reviewing Edmond and Roach and Haack's replies with a heightened awareness that the admissibility of scientific evidence is significant and complicated. Both replies have raised important concerns that have demanded further attention from me, which I turn to here. My response to Edmond and Roach's Reply …

"Uncivil By Too Much Civility"?: Critiquing Five More Years Of Civility Regulation In Canada, Alice Woolley

Dalhousie Law Journal

The author revisits criticisms of the civility movement made in an earlier paper ("Does Civility Matter?" (2008) 46 Osgoode Hall LJ 175). She argues that Canadian law societies remain concerned with lawyer incivility, despite bringing surprisingly few formal prosecutions against lawyers for incivility. In a few cases the law societies' concern can be justified insofar as lawyer incivility in those cases appears to correlate with serious professional dysfunction. Generally however, the focus on incivility is counter-productive. First, in several cases the focus on lawyer incivility elides the complex and difficult ethical issues raised by the behaviour of the lawyers in …

A Match Made On Earth: Getting Real About Science And The Law, Susan Haack

Dalhousie Law Journal

Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientificmethod,"and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that the author "idealizes" …

The Impact Of The Criminalization Of Hiv Non-Disclosure On The Health And Human Rights Of “Black” Communities, Ciann L. Wilson

Psychology Faculty Publications

The criminalization of HIV non-disclosure has become a hot topic for discussion and debate amongst human rights advocates, HIV/AIDS service providers, and people infected and affected by HIV/AIDS. This paper explores the inherent problems with HIV non-disclosure laws. These laws are ambiguous and pose a serious threat to public health policy and programming by obstructing the fundamental human rights of people infected and affected by HIV/AIDS. Using a human rights framework, this paper explores the impact of non-disclosure laws on the health and rights of African, Caribbean, and Black-Canadian communities and proposes ways to address the shortcomings of HIV non-disclosure …

Nova Lawyer: 2012-2013 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center

Nova Lawyer

No abstract provided.

So You're Sorry? The Role Of Remorse In Criminal Law, Rocksheng Zhong

Yale Medicine Thesis Digital Library

The role of remorse in judicial decisions in the criminal justice system has been addressed in scholarship and remains controversial. The purpose of this qualitative research was to examine the views of seated criminal judges about remorse, its assessment, and its relevance in their decision-making. After exemption by the IRB, 23 judges were interviewed using an open-ended format. Transcriptions of these audio-recorded sessions were analyzed phenomenologically by members of the research team. The results showed that judges varied widely in their views about the assessment of remorse and its relevance in judicial decision-making. Judges generally agreed that remorse was a …

Booklet Of Selected Theses From The Ma In Criminology, Ma In Law, Ma In Child, Family And Community Studies, And The International Masters In Early Childhood Education, 2010-2012, Matt Bowden, Carmel Gallagher, Kevin Lalor

Dissertations

This booklet highlights and celebrates the research work of graduates from taught Masters programmes in the School of Social Sciences and Law:

• the MA in Criminology

• the MA in Law

• the MA in Child, Family and Community Studies

• the International Masters in Early Childhood Education, co-delivered with Oslo and Akershus University College of Applied Sciences (Norway) and the University of Malta (Malta).

The MA in Criminology and the MA in Law commenced in 2006 and the MA in Child, Family and Community Studies commenced in 2007. Each has quickly become established in its field as a …

An Examination Of Prostitution And Sex Trafficking Laws Within The United States, Allison J. Capaul

Departmental Honors Projects

As one of the oldest professions, prostitution has had a continual presence in the United States. This once tolerated activity became a public affront at the turn of the twentieth century. Failed attempts at regulation and changes in societal views then advanced the criminalization of prostitution throughout the United States: it was made completely illegal in all states with the exclusion of thirteen counties in Nevada.

At the same time, awareness of sex trafficking increased and laws attempted to protect individuals who were being transported by force, deceit, and threat of force for purposes of sex slavery. While states have …

Prospective Student Information Booklet (2012-13), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

Identities Cubed: Perspectives On Multidimensional Masculinities Theory, Ann C. Mcginley

Scholarly Works

No abstract provided.

Law 799: Clinical Practice-Criminal—A Peer Review Of Teaching Project Benchmark Portfolio, Steven Schmidt

UNL Faculty Course Portfolios

This portfolio provides a broad overview of my teaching of Law 799. It not only gives the reader an understanding of the goals I have for the course, but also how I endeavor to reach those goals. Finally, through the use of student assessment, this portfolio provides insight as to whether my goals were reached and to what degree. Thus, the portfolio serves to inform me of areas needing improvement.

Taking Hints From Hogwarts: Uow's First Year Law Immersion Program, Cassandra E. Sharp, Margaret A. Bond, Trish Mundy, Karina Murray, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers (Archive)

The first year of law school is a challenging time: adapting to new surroundings; making new friends; absorbing new ideas, and developing new ways of learning, thinking, speaking and performing – all with the added pressure of high academic achievement. This paper explores the important role of modern law teachers as guides and mentors for the students’ transformative journey.

As experienced first year teachers in the LLB program, the authors have devoted considerable efforts to developing a program that facilitates s smooth transition for law students. We believe law teachers have a unique opportunity as well as a responsibility to …

Contrition In The Courtroom: Do Apologies Affect Adjudication?, Chris Guthrie

Vanderbilt Law School Faculty Publications

Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to …

The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons

Scholarly Works

No abstract provided.

Does Criminal Diversion Contribute To The Vanishing Civil Trial?, John B. Meixner Jr., Shari Seidman Diamond

Scholarly Works

Through his seminal work on the vanishing trial, Professor Marc Galanter has had a profound impact on public and scholarly discourse about the role of the trial in litigation, documenting the sharp reductions in the rate of civil cases since the mid-twentieth century. While there is little remaining doubt that the American civil trial is an increasingly scarce commodity, there is still much debate as to what has caused the decline.

In this Article, we seek to explore the extent to which the federal criminal docket may be contributing to the rapid disappearance of the civil trial by taking priority …

Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson

Faculty Scholarship

Very few theories have generated the kind of interdisciplinary and global engagement that marks the intellectual history of intersectionality. Yet, there has been very little effort to reflect upon precisely how intersectionality has moved across time, disciplines, issues, and geographic and national boundaries. Our failure to attend to intersectionality’s movement has limited our ability to see the theory in places in which it is already doing work and to imagine other places to which the theory might be taken. Addressing these questions, this special issue reflects upon the genesis of intersectionality, engages some of the debates about its scope and …