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Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy Jan 2016

Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy

Criminal Law Practitioner

No abstract provided.


"Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct And The Use Of "Ethnic Adjustments" In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin Jan 2016

"Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct And The Use Of "Ethnic Adjustments" In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin

American University Law Review

No abstract provided.


Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins Jan 2016

Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Ira P. Robbins* The doctrine of citizen’s arrest in the United States has been ignored for far too long. In every jurisdiction in the United States, a private person may lawfully detain another and often may even use physical force to do so. Placing such power in the hands of ordinary, untrained individuals creates the possibility that citizens will misuse or abuse the privilege, sometimes with serious consequences for both the arrestor and the arrestee. This risk is compounded by the disparate treatment of the citizen’s arrest doctrine in different jurisdictions and the ambiguities inherent in many of the doctrine’s …


Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”, Lauren Dudley Jan 2016

Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”, Lauren Dudley

American University National Security Law Brief

No abstract provided.


Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith Jan 2016

Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This Essay arises out of the keynote speech that I gave at the New England Clinical Conference at Harvard Law School in November 2015. The conference theme was, “Teaching Race, Gender and Class: Learning from Our Students, Communities and Each Other.” The primary planners and hosts for the conference were clinical teachers and programs in the Northeast, but participants came from around the country to talk about the importance of addressing race, gender and class in this moment of black lives mattering. They wanted to talk about the way that these issues of race, gender and class had always been …


The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis Jan 2016

The Prosecutor's Ethical Duty To End Mass Incarceration, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson Jan 2016

Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson

Scholarly Articles in Law Reviews & Journals

he last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the justice system. It seems that neither civil rights activists engaged in the work of advancing racial equality nor disability rights activists recognize the potent combination of negative racialization and mental illness at this nexus that bring policing practices into sharp focus. As such, the compounding dynamics and …


Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John R. Mills, Anna M. Dorn, Amelia Courtney Hritz Jan 2016

Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John R. Mills, Anna M. Dorn, Amelia Courtney Hritz

American University Law Review

No abstract provided.


Rendered Invisible: African American Low-Wage Workers And The Workplace Exploitation Paradigm, Llezlie Coleman Jan 2016

Rendered Invisible: African American Low-Wage Workers And The Workplace Exploitation Paradigm, Llezlie Coleman

Scholarly Articles in Law Reviews & Journals

The narrative of low-wage worker exploitation has increasingly narrowed in focus to reflect the experiences of undocumented immigrant workers whose immigration status makes them particularly vulnerable to wage theft and other denials of their substantive workplace rights. Indeed, much of the scholarship in this area rests solidly at the intersection of immigrant justice and employment law. This article disrupts this paradigm by arguing that this limited narrative has rendered African American low-wage workers invisible. It also draws from the voices of low-wage worker advocates who have borrowed from current activism to announce that #BlackWorkersMatter. Given the role of paradigms in …


The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson Jan 2016

The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson

Contributions to Books

No region of the world has been more vocal and persistent in its opposition to U.S. death penalty practice than Europe, which has itself become a death penalty-free zone. The chapter will examine the actions taken by European legislative and judicial bodies against U.S. practice of the death penalty, as well as those of the other regional treaty bodies, with particular attention to the Inter-American human rights system, in which the U.S. reluctantly participates. It then will examine U.S. interactions with its treaty partners in the area of extradition, where death penalty policy is acted out in the exchanges of …


Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi Jan 2016

Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi

Research Reports & White Papers

The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law (WCL) has had a cooperative agreement with the National Institute of Corrections (NIC) to provide training and technical assistance to high-level correctional decisionmakers on key issues in preventing and addressing staff sexual misconduct since 1999. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and inmateon- inmate sexual abuse. Beginning in 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on providing technical assistance to …


Fashioning Children: Gender Restrictive Dress Codes As An Entry Point For The Tans School To Prison Pipeline, Deanna J. Glickman Jan 2016

Fashioning Children: Gender Restrictive Dress Codes As An Entry Point For The Tans School To Prison Pipeline, Deanna J. Glickman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq. Jan 2016

Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P Jan 2016

The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes Jan 2016

Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sweat Makes The Green Grass Grow: The Precarious Future Of Quatar's Migrant Workers In The Run Up To The 2022 Fifa World Cup Under The Kafala System And Recommendations For Effective Reform, Paula Renkiewicz Jan 2016

Sweat Makes The Green Grass Grow: The Precarious Future Of Quatar's Migrant Workers In The Run Up To The 2022 Fifa World Cup Under The Kafala System And Recommendations For Effective Reform, Paula Renkiewicz

American University Law Review

No abstract provided.


Predicting Outcomes In Investment Treaty Arbitration, Susan Franck Dec 2015

Predicting Outcomes In Investment Treaty Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …


Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith Nov 2015

Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith

Research Reports & White Papers

The aim of this consultation with experts is to ensure that the Special Rapporteur receives the necessary exposure to the different practices, international standards and jurisprudence, and expert opinions that will help him draft his forthcoming thematic report for the United Nations Human Rights Council. The report will focus on assessing the unique experiences of women, girl children and LGBTI persons from the perspective of torture and other cruel, inhuman or degrading treatment and punishment (“CIDTP”) in international law. The consultation will focus on specific practices where the mistreatment rises to the level of torture or CIDTP to identify gaps …


Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith Jun 2015

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …


Should The American Grand Jury Survive Ferguson, Roger Fairfax Apr 2015

Should The American Grand Jury Survive Ferguson, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied


Let The Responsible Be Responsible: Judicial Oversight And Over-Optimism In The Arrest Warrant Case And The Fall Of The Head Of State Immunity Doctrine In International And Domestic Courts, Brian Man-Ho Chok Jan 2015

Let The Responsible Be Responsible: Judicial Oversight And Over-Optimism In The Arrest Warrant Case And The Fall Of The Head Of State Immunity Doctrine In International And Domestic Courts, Brian Man-Ho Chok

American University International Law Review

No abstract provided.


Americas, Human Rights Brief Jan 2015

Americas, Human Rights Brief

Human Rights Brief

No abstract provided.


Criminalizing Disability: The Urgent Need Of A New Reading Of The European Convention On Human Rights, Ana Elena Abello Jiménez Jan 2015

Criminalizing Disability: The Urgent Need Of A New Reading Of The European Convention On Human Rights, Ana Elena Abello Jiménez

American University International Law Review

No abstract provided.


Through The Looking-Glass: Nuremberg's Confusing Legacy On Corporate Accountability Under International Law, Jonathan Kolieb Jan 2015

Through The Looking-Glass: Nuremberg's Confusing Legacy On Corporate Accountability Under International Law, Jonathan Kolieb

American University International Law Review

No abstract provided.


Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard Jan 2015

Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard

Criminal Law Practitioner

No abstract provided.


Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg Jan 2015

Amending The Uniform Collateral Consequence Of Conviction Act, Stephen A. Saltzburg

Criminal Law Practitioner

No abstract provided.


Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin Jan 2015

Possibilities For Evaluation And Reform: Suggested Uses Of The National Inventory Of Collateral Consequences Of Conviction Database, Jonathan Gitlen, Eric Martin

Criminal Law Practitioner

No abstract provided.


Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill Jan 2015

Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill

Criminal Law Practitioner

No abstract provided.


Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo Jan 2015

Collateral Consequences And The Piling On Of The Utah White Collar Registry, Walter Pavlo

Criminal Law Practitioner

No abstract provided.


From The Editors, Trevor Addie Jan 2015

From The Editors, Trevor Addie

Criminal Law Practitioner

No abstract provided.