Digital Commons Network^™

Criminalizing Kleptocracy? The Icc As A Viable Tool In The Fight Against Grand Corruption, Ben Bloom

American University International Law Review

No abstract provided.

Training Curriculum: Human Resources And Administrative Investigations (Facilitator’S Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Kathy Dennehy, A.T. Wall, Lorie Brisbin, Susan Carle, Richard Ugelow, Lisa Capers, Aaron Aldrich

Research Reports & White Papers

The enclosed Human Resources and Administrative Investigations curriculum was developed by the Project on Addressing Prison Rape at American University, Washington College of Law as part of contract deliverables for the National PREA Resource Center (PRC), a cooperative agreement between the National Council on Crime and Delinquency and the Bureau of Justice Assistance (BJA). The Prison Rape Elimination Act (PREA) standards served as the basis for the curriculum’s content and development, with the goal of the Human Resources and Administrative Investigations curriculum to satisfy specific PREA standards requirements.

It is recommended that the Human Resources and Administrative Investigations curriculum be …

Our Taz, Angela J. Davis, Cynthia E. Jones, Ira P. Robbins, Jenny M. Roberts

American University Law Review

No abstract provided.

Substantive Habeas, Kimberly A. Thomas

American University Law Review

No abstract provided.

Federalism And The Treaty Power: Breaking The “Bond(S)” Between Nations: The Treaty Power And Status Of Forces Agreements, Dru Brenner-Beck

American University National Security Law Brief

No abstract provided.

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Icc's Exit Problem, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …

Magna Carta In Supreme Court Jurisprudence, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

Editor's Note: This article is adapted from "Magna Carta in Supreme Court Jurisprudence," which appears as Chapter 5 in Magna Carta and the Rule of Law, Daniel Magraw et al., eds., published by the American Bar Association in 2014.

Battered By Law: The Political Subordination Of Immigrant Women, Mariela Olivares

American University Law Review

No abstract provided.

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie Chuang

Scholarly Articles in Law Reviews & Journals

The U.S. government and influential NGOs have been promoting a greatly expanded legal and policy understanding of the problem of human trafficking, recasting forced labor as trafficking, and trafficking as "modern-day slavery." The aggregate effect is a doctrinally problematic "exploitation creep." For strong legal and policy reasons, anti-trafficking efforts should target struc- tural vulnerability to trafficking through strengthened labor frameworks. On the same grounds the article contests initiatives to conflate human trafficking with slavery and to address trafficking primarily under an ex post crime-control par- adigm focused on perpetrator accountability and victim protection.

Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay

Contributions to Books

This chapter is intended to cover Maryland Law in its entire complexity and for the most part is intended for current use by practitioners. Whenever possible, it includes references to online sources of material, including LexisNexis, Westlaw, and authoritative sites available on the Internet. We have not included references to WestlawNext as many Maryland specific materials have not been included there as this project was concluding in November 2011.

Restoring Rights For Reproductive Justice, Elizabeth J. Chen

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Critical Lessons Of Al-Kidd: Respecting The Dignity Of Material Witnesses Through The Special Needs Doctrine, John Kowalko Iii

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Putting A Hold On Ice: Why Law Enforcement Should Refuse To Honor Immigration Detainers, Alia Al-Khatib

American University Law Review

No abstract provided.

Implementing The Prison Rape Elimination Act: A Toolkit For Jails, Brenda V. Smith, Dr. Gary Dennis, Susan W. Mccampbell, Michael S. Mccampbell, Elizabeth Price Layman, Caleb Asbridge, Rachel Bosley, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, American Jail Association, National Institute Of Corrections' Large Jail Network, Nationa Sheriff's Association, American Correctional Association, Larry Cook, Dr. Robert Decomo, Jim Dennis, Nancy Deferrari, John Delaney, Timothy Fay, Diahann Frazier, David Gaspar, Quandara Grant, Dee Halley, Jamey Kessinger, Calvin King, Shawn Laughlin, Andrew Nunnally, Debra Oliver-Hammons, Steven Pizzala, Lisa Plowman, Gayle Ray, Larry Reynolds, Gwyn Smith-Ingley, Chris Sweney, Wynnie Testamark-Samuels, Janie Vergakis, Gregory Winston, Berry Zeeman

Presentations

Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help …

Teaching 'The Wire': Fiction As Pedagogical Tool, Roger Fairfax

Presentations

No abstract provided.

Searching For Solutions To The Indigent Defense Crisis In The Broader Criminal Justice Reform Agenda, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

As we mark the fiftieth anniversary of the Gideon v. Wainwright decision, the nearly universal assessment is that our indigent defense system remains too under-resourced and overwhelmed to fulfill the promise of the landmark decision, and needs to be reformed. At the same time, fiscal necessity and moral outrage have prompted a historic reexamination of outdated policies that have led to an overreliance on incarceration and inefficiencies in the administration of criminal justice. This Essay argues that there are synergies between the indigent defense reform agenda and the broader criminal justice reform agenda, which places a premium on cost-effective, evidence-based, …

On Diversity And Public Policymaking: An Environmental Justice Perspective, Patrice Lumumba Simms

Sustainable Development Law & Policy

No abstract provided.

Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar

Legislation and Policy Brief

In 1941, members of the Attorney General’s Committee on Administrative Procedure agreed unanimously that “an important and far-reaching defect of administrative law has been the simple lack of public information concerning its substance and procedure.” The Freedom of Information Act (FOIA) uniquely addresses this concern by providing members of the general public an opportunity to consider and respond to administrative action by viewing actual agency records. FOIA affords broad access to “any person,” and it has become a key tool for both organizations and individuals who not only wish to learn more about the inner workings of the U.S. government, …

Indigenous Corporal Punishment In Ecuador And The Prohibition Of Torture And Ill Treatment, Oswaldo R. Ruiz-Chiriboga

American University International Law Review

No abstract provided.

Is Ecuador That Wrong?: Analyzing The Ecuadorian Proposals Concerning The Special Rapporteurship On Freedom Of Expression Of The Inter-American Commission On Human Rights, Oswaldo R. Ruiz-Chiriboga

Human Rights Brief

No abstract provided.

Criminal Courts And Tribunals, Tracy French, Megan Wakefield, William Xu, Alli Assiter

Human Rights Brief

No abstract provided.

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.

Rethinking The Legal Foundations Of The European Constitutional Order: The Lessons Of The New Historical Research, Francesca Bignami

American University International Law Review

No abstract provided.

Punishing Aggression As A Crime Against Humanity: A Noble But Inadequate Measure To Safeguard International Peace And Security, Chet Tan

American University International Law Review

No abstract provided.

A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen

Criminal Law Practitioner

No abstract provided.

How Many Is Any: Interpreting Sec. 2252a'S Unit Of Prosecution For Child Pornography Possession, Christina M. Copsey

American University Law Review

No abstract provided.

D.C. Dui Disturbia: The Intended Policy And Its Explosive Effects, Monika Mastellone

Criminal Law Practitioner

No abstract provided.