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Articles 481 - 510 of 1118

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In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis Jan 2013

In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …


Modernizing Jury Instructions In The Age Of Social Media, David Aaronson, Sydney Patterson Jan 2013

Modernizing Jury Instructions In The Age Of Social Media, David Aaronson, Sydney Patterson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Losing Sight Of The Forest For The Trees: The Supreme Court's Misapplication Of Sixth Amendment Strickland Analysis In Missouri V. Frye And Lafler V. Cooper, Sean Michael Fitzgerald Jan 2013

Losing Sight Of The Forest For The Trees: The Supreme Court's Misapplication Of Sixth Amendment Strickland Analysis In Missouri V. Frye And Lafler V. Cooper, Sean Michael Fitzgerald

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Situating Staley: Investigating The Constitutionality Of Forcibly Medicating A Texas Death Row Inmate To Render Him Competent For Execution, Megan A. Rusciano Jan 2013

Situating Staley: Investigating The Constitutionality Of Forcibly Medicating A Texas Death Row Inmate To Render Him Competent For Execution, Megan A. Rusciano

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Importance Of An Expansive Deference To Miller V. Alabama, Alexander L. Nostro Jan 2013

The Importance Of An Expansive Deference To Miller V. Alabama, Alexander L. Nostro

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Illusory Eighth Amendment, John F. Stinneford Jan 2013

The Illusory Eighth Amendment, John F. Stinneford

American University Law Review

No abstract provided.


Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax Oct 2012

Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

I thoroughly enjoy every course in my teaching package, but the first-year Criminal Law course occupies a special place in my heart. The subject matter in the Criminal Law course is perhaps the most compelling of any offered in the first-year curriculum. As such, it provides Criminal Law instructors the tremendous opportunity to capture the imagination of students and to highlight the nexus between law in books and law in action.


The "Smart On Crime" Prosecutor, Roger Fairfax Oct 2012

The "Smart On Crime" Prosecutor, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

"Smart on Crime" criminal justice reforms have emerged in recent years as shrinking government budgets and exploding incarceration rates have prompted scrutiny of the efficiency and efficacy of existing criminal justice approaches. Policymakers across the country have sought out new strategies designed to prevent crime and recidivism, enhance community safety, reduce our reliance on incarceration, and save taxpayer dollars. As a result, law enforcement, courts, and correctional agencies have been implementing innovative approaches in areas such as diversion, problem-solving courts, alternatives to incarceration, and ex-offender re-entry. However, the role of prosecutors and prosecutorial agencies in this story is often overlooked. …


Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist Aug 2012

Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist

Legislation and Policy Brief

The common policy of treating sexually exploited minors as criminals represents a fundamental failing of the justice system. Prostituted minors should not be treated as delinquents requiring discipline but rather as severely traumatized and abused victims requiring specialized services and counseling. Yet, in most states, prostituted minors are re-traumatized through arrest, prosecution, and detention instead of receiving specialized services. Besides being unjust, this policy is counter-productive. Arresting, prosecuting, and detaining minors hinders law enforcement efforts to go after the real criminals – the pimps and the johns, and misses an important opportunity to rescue minors from a system of commercial …


What Use Are Legal Academics?, Roger Fairfax Aug 2012

What Use Are Legal Academics?, Roger Fairfax

Presentations

No abstract provided.


Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith Jul 2012

Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith

Presentations

sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.


Batson's Grand Jury Dna, Roger Fairfax Jul 2012

Batson's Grand Jury Dna, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …


The Press And Guantanamo Bay, Michelle Lindo Mccluer, Allen Dickerson May 2012

The Press And Guantanamo Bay, Michelle Lindo Mccluer, Allen Dickerson

American University National Security Law Brief

No abstract provided.


The Cy Pres Doctrine In Class Action Residual Distributions: Cy Pres As A Best Practice And Recommendations For Regulation, Evelyn Abravanel May 2012

The Cy Pres Doctrine In Class Action Residual Distributions: Cy Pres As A Best Practice And Recommendations For Regulation, Evelyn Abravanel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore Apr 2012

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

Legislation and Policy Brief

In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …


Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher Apr 2012

Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …


International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Kaitlin Brush, Saralyn Salisbury, Lindsay Roberts, Rachael Curtis, Megan Wakefield, Thais-Lyn Trayer Jan 2012

International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Kaitlin Brush, Saralyn Salisbury, Lindsay Roberts, Rachael Curtis, Megan Wakefield, Thais-Lyn Trayer

Human Rights Brief

No abstract provided.


Session Five: Expert Panel Discussion On Fighting Impunity, Jonathan Beynon, Diane F. Orentlicher, Suzanne Jabbour, Duarte Nuno Vieira, Vivienne Nathanson Jan 2012

Session Five: Expert Panel Discussion On Fighting Impunity, Jonathan Beynon, Diane F. Orentlicher, Suzanne Jabbour, Duarte Nuno Vieira, Vivienne Nathanson

Human Rights Brief

No abstract provided.


Updates From The International And Internationalized Criminal Courts, Claire Grandison, Benjamin Watson, Erin Neff, Sara Harlow, Michelle Flash Jan 2012

Updates From The International And Internationalized Criminal Courts, Claire Grandison, Benjamin Watson, Erin Neff, Sara Harlow, Michelle Flash

Human Rights Brief

No abstract provided.


Exit Tracking: Should The Federal Government Track Noncitizens’ Departures From The United States?, Mark Stevens Jan 2012

Exit Tracking: Should The Federal Government Track Noncitizens’ Departures From The United States?, Mark Stevens

American University National Security Law Brief

No abstract provided.


Barricading The Information Superhighway To Stop The Flow Of Traffic: Why International Regulation Of The Internet Is Necessary To Prevent Sex Trafficking, Kendall Vitale Jan 2012

Barricading The Information Superhighway To Stop The Flow Of Traffic: Why International Regulation Of The Internet Is Necessary To Prevent Sex Trafficking, Kendall Vitale

American University International Law Review

No abstract provided.


The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala Jan 2012

The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala

American University International Law Review

No abstract provided.


Jobs! How The Economy Has Affected Employment In The Criminal Sector, Bethany J. Peak Jan 2012

Jobs! How The Economy Has Affected Employment In The Criminal Sector, Bethany J. Peak

American University Criminal Law Brief

No abstract provided.


Restorative Justice In The Gilded Age:Shared Principles Underlying Twomovements In Criminal Justice, Ali M. Abid Jan 2012

Restorative Justice In The Gilded Age:Shared Principles Underlying Twomovements In Criminal Justice, Ali M. Abid

American University Criminal Law Brief

No abstract provided.


Making Sense Of Reasonable Doubt: Understanding Certainty, Doubt,And Rule-Based Bias Filtering, Yali Corea-Levy Jan 2012

Making Sense Of Reasonable Doubt: Understanding Certainty, Doubt,And Rule-Based Bias Filtering, Yali Corea-Levy

American University Criminal Law Brief

No abstract provided.


Addressing Intersectionality In The Lives Of Women In Poverty: Incorporating Core Components Of A Social Work Program Into Legal Education, Beth Caldwell Jan 2012

Addressing Intersectionality In The Lives Of Women In Poverty: Incorporating Core Components Of A Social Work Program Into Legal Education, Beth Caldwell

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Jessica Lenahan (Gonzalez) V. United States & Collective Entity Responsibility For Gender-Based Violence, Nancy Chi Cantalupo Jan 2012

Jessica Lenahan (Gonzalez) V. United States & Collective Entity Responsibility For Gender-Based Violence, Nancy Chi Cantalupo

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Apprehending War Criminals:Does International Cooperation Work?, Patricia M. Wald Jan 2012

Apprehending War Criminals:Does International Cooperation Work?, Patricia M. Wald

American University International Law Review

No abstract provided.


Frontier Of Injustice: Alaska Native Victims Of Domestic Violence, Laura S. Johnson Jan 2012

Frontier Of Injustice: Alaska Native Victims Of Domestic Violence, Laura S. Johnson

The Modern American

No abstract provided.


Out Of One Closet And Into Another: Why Abused Homosexual Males Refrain From Reporting Their Abuse And What To Do About It, Joshua D. Talicska Jan 2012

Out Of One Closet And Into Another: Why Abused Homosexual Males Refrain From Reporting Their Abuse And What To Do About It, Joshua D. Talicska

The Modern American

No abstract provided.