Digital Commons Network^™

Special Coverage Of The 143rd Period Of Sessions Of The Inter-American Commission On Human Rights, Lauren Nussbaum, Leah Chavla, Anne Schaufele

Human Rights Brief

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Claire Grandison, Benjamin Watson, Brynn Weinstein, Adam Dembling, Yaritza Velez, Michelle Flash

Human Rights Brief

No abstract provided.

'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …

Notes On Borrowing And Convergence, Robert Tsai, Nelson Tebbe

Scholarly Articles in Law Reviews & Journals

his is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.

Getting To Know The Poor, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Transitional Justice, Peace, And Prevention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

False Dichotomies Of Transitional Justice: Gender, Conflict And Combatants In Colombia, Shana Tabak

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Proving Prejudice, Post-Padilla, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Why Misdemeanors Matter: Defining Effective Advocacy In The Lower Criminal Courts, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

Most individuals accused in our nation's criminal courts are not charged with murder, rape, drug sales, or even less serious felonies. The vast majority of charges are in the lower courts, for misdemeanors such asmarijuana possession, driving with a license suspension for failure to pay tickets, assault, disorderly conduct, or public intoxication. Misdemeanor adjudications have exploded in recent years, with one recent study estimating that the volume of misdemeanor cases nationwide has risen from five to more than ten million between 1972 and 2006. At the same time, violent crime and the number of felony cases across the country have …

Don't Ask, Don't Tell: Beyond The Log Cabin Republicans Injunction And The Defense Authorization Act

Labor & Employment Law Forum

No abstract provided.

Reaching Beyond The State: Judicial Independence, The Inter-American Court Of Human Rights And Accountability In Guatemala, Edward H. Warner, Davis Jeffery

Celebrating WCL Student Authors

The authors examine the role of the Inter-American Court of Human Rights in its efforts to impose accountability for human rights violations in Latin America. They suggest that because domestic enforcement mechanisms are irreconcilably deficient in this task, accountability must emanate from beyond the state. They test this contention by examining one of the most challenging nations in the region – Guatemala.

A Shot In The Arm: What A Modern Approach To Jacobson V. Massachusetts Means For Mandatory Vaccinations During A Public Health Emergency , Ben Horowitz

American University Law Review

No abstract provided.

Examining Entrenched Masculinities Within The Republican Government Tradition, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

“May all our citizens be soldiers, and all our soldiers citizens,” Sarah Livingston Jay toasted to revelers celebrating the Revolutionary War in 1789. She expressly conveyed what this article describes as the “foundational fusion” of republican government traditions coupling the military service of citizens-soldiers with male political citizenship. While the core of this fusion is deep, long-standing, and well-documented, this article explores the implicit tensions conveyed in her toast – the dominant masculinity dimensions of this foundational fusion. How do women and black men historically gain full political citizenship and effectuate republican government guarantees given its anchoring in entrenched dominant …

Volume 1, Number 1

Labor & Employment Law Forum

No abstract provided.

A Punishing Court Docket, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera

American University Law Review

No abstract provided.

Gender Violence And Work In The United States And South America: The Parallel Processes Of Legal And Cultural Change, Julie Goldscheid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

“Custody” In Custody: Redefining Miranda Rights In Prison , Maya Dominguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Interpreting Judicial Interpretations Of The Criminal Statutes Of The Trafficking Victims Protection Act: Ten Years Later , Mohamed Y. Mattar

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Birthing Barbarism: The Unconstitutionality Of Shackling Pregnant Prisoners , Claire Louise Griggs

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Obligation Ignored: Why International Law Requires The United States To Provide Adequate Civil Legal Aid, What The United States Is Doing Instead, And How Legal Empowerment Can Help, Zachary H. Zarnow

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

The grand jury is a "much maligned" organ of the criminal justice system.' Regularly employed in only about half of the states and grudgingly tolerated in the federal system,2 the American grand jury for two centuries has been criticized as costly, ineffective, overly-compliant, and redundant. Prescriptions have ranged from reforms designed to improve the grand jury's performance of its traditional filtering and charging functions to the outright abolition of the grand jury. Consequently, much of the scholarly defense of the grand jury seemingly has done little more than attempt to justify its very existence.

This Article seeks to take the …

“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan

Legislation and Policy Brief

This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …

The Collateral Consequences Of Masculinizing Violence, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity – a dominant form of masculinity whereby some types of men have power over women and over some other men – can directly cause violence against women and reveals both the underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …

The Post-Medellin Case For Legislative Standing, James A. Turner

Celebrating WCL Student Authors

After the terrorist attacks against the United States on September 11, 2001, the balance of power between the executive and legislative branches of government in this country shifted. President Bush expanded the executive’s unilateral authority in international affairs and war powers. Both President Bush and President Obama have extended executive power, and then staunchly protected their expansion of authority from limitation by the legislative and judicial branches. Further, Bush’s use of presidential signing statements to undermine legislative intent suggests that the executive’s power to avoid legislative input may be virtually limitless.

The Supreme Court’s 2008 Medellín v. Texas decision appeared …

The Post-Medellín Case For Legislative Standing, James A. Turner

American University Law Review

No abstract provided.

Joining The Convention On Biological Diversity, William Snape

PEEL Faculty Scholarship

Life on Earth as we know it is under siege. Significant and probably irreversible changes to the natural world are now occurring. It is an undisputed fact that we are losing wild species in nature to extinction faster than in any geologic period since the dinosaur die-off roughly sixty five million years ago. It is also undisputed that ecosystem services from land, water, and air are degraded throughout the world and threatening food supplies, economic development, scientific advancements, and global security. The rapid advent of global warming and associated climate change makes the job of saving native plants, animals, and …

United Nations And Ngo Updates, Zach Zarnow, Doug Keillor

Human Rights Brief

No abstract provided.

Book Review, Eleanor Thompson, Evan Wilson

Human Rights Brief

No abstract provided.

Joining The Convention On Biological Diversity: A Legal And Scientific Overview Of Why The United States Must Wake Up, William J. Snape Iii

Sustainable Development Law & Policy

No abstract provided.