Digital Commons Network^™

The Thickest Grey: Assessing The Status Of The Civilian Response Corps Under The Law Of International Armed Conflict And The U.S. Approach To Targeting Civilians, Dan E. Stigall

American University International Law Review

No abstract provided.

Padilla’S Collateral Attack Effect On Existing Federal Convictions, Rachel A. Cartier

American University Criminal Law Brief

No abstract provided.

The Revival Of The “Sweeping Clause”: An Analysis Of Why The Supreme Court Had To “Breathe New Life” Into The Necessary And Proper Clause In United States V. Comstock, Lauren E. Marsh

American University Criminal Law Brief

No abstract provided.

Dirty Money: An Analysis Of New Jersey’S Bail Source Statute And State V. Wright, Russell J. Curley

American University Criminal Law Brief

No abstract provided.

Multilateral Development Banks And The Human Right Responsibility , Leonardo A. Crippa

American University International Law Review

No abstract provided.

“It Never, Ever Ends”: The Psychological Impact Of Wrongful Conviction, Leslie Scott

American University Criminal Law Brief

No abstract provided.

Letter From The Editor, Brian Meltzer

American University Criminal Law Brief

No abstract provided.

Forfeiture And Restitution In The Federal Criminalsystem: The Conflict Of Victims’ Rights And Government Interests, Scott Jones

American University Criminal Law Brief

No abstract provided.

Symposium Report Voices From Inside: Whose System Is It Anyway?, Monica Trigoso

American University Criminal Law Brief

No abstract provided.

Letter From Executive Board, The Modern American

The Modern American

No abstract provided.

Volume 6, Issue1, The Modern American

The Modern American

No abstract provided.

Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland

The Modern American

No abstract provided.

Book Review & Essay: Let’S Get Free, Camille Jones

The Modern American

No abstract provided.

A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse

The Modern American

No abstract provided.

Buying Into Prisons, And Selling Kids Short, Lizbet Simmons

The Modern American

No abstract provided.

Volume 10 Issue 3, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

The Quest For Victims' Justice In India, Subhradipta Sarkar

Human Rights Brief

No abstract provided.

Center News/Faculty And Staff Updates, Human Rights Brief

Human Rights Brief

No abstract provided.

Preempting Justice: Precrime In Fiction And In Fact, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The 9/11 Commission And The White House: Issues Of Executive Privilege And Separation Of Powers, Daniel Marcus

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones

Scholarly Articles in Law Reviews & Journals

The government’s duty to disclose favorable evidence to the defense under Brady v. Maryland has become one of the most unenforced constitutional mandates in criminal law. The intentional or bad faith withholding of Brady evidence is by far the most egregious type of Brady violation and has led to wrongful convictions, near executions, and other miscarriages of justice. This Article suggests that two ramifications should flow from intentional Brady violations. First, courts should have the power to inform the jury of the government’s Brady misconduct by imposing a specially crafted punitive jury instruction. Unlike the ineffective sanctioning scheme currently used …

Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Ghostwriting: Filling In The Gaps Of Pro Se Prisoners' Access To The Courts, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Compared with other litigants, pro se prisoners are at an inherent disadvan-tage when they try to vindicate their rights. They lack many of the resources enjoyed by non-prisoner litigants. They have limited finances and limited access to legal-research materials. Even if they had such access, their illiteracy would lessen its effectiveness. Moreover, many attorneys are unwilling or unable to undertake full representation of prisoner litigants. As a result, pro se prisoners struggle to navigate the complex legal system, often losing their cases on procedural grounds before ever reaching a decision on the merits. This Article argues that, in order to …

Constitutional Protections: State V. Individual Interests – Which Should Prevail? Symposium Report, Jennifer Ponder, Abre’ Conner

American University Criminal Law Brief

No abstract provided.

Clinical Legal Education In Dutch Legal Culture: Clashes Of Tradition, Tolerance, And Progress In Global Law's Capital, Richard J. Wilson

Working Papers

This paper examines the current context of legal education within Dutch legal culture as a case study focusing on the growing role of clinical legal education in the Netherlands, a progressive country in Western Europe, where traditional legal education has held sway for centuries. The Dutch experience with clinical legal education, though limited, is expanding even as the traditional apprenticeship phase of law training there is undergoing major reform, responsive to the growth of "big law." These reforms are largely attributable to a history of innovation and openness in Dutch legal culture, one dimension of which is the general acknowledgment …

Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang

Scholarly Articles in Law Reviews & Journals

In the decade since it became a priority on the United States' national agenda, the issue of human trafficking has spawned enduring controversy. New legal definitions of “trafficking” were codified in international and U.S. law in 2000, but what conduct qualifies as “trafficking” remains hotly contested. Despite shared moral outrage over the plight of trafficked persons, debates over whether trafficking encompasses voluntary prostitution continue to rend the anti-trafficking advocacy community - and are as intractable as debates over abortion and other similarly contentious social issues. Attempts to equate trafficking with slavery invite both disdain and favor: they are often rejected …

Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall

Human Rights Brief

No abstract provided.

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors' budgets around the nation are being scaled back and enforcement capacities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States.

This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice-seen most prominently …

The Dual Purposes Of The U Visa Thwarted In A Legislative Duel, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Congress created the U visa non-immigrant classification to achieve the dual purposes of both strengthening law enforcement’s ability to pursue domestic violence cases and protecting victims. This article reveals how the gatekeeper function of the law enforcement certification in the U visa petition, as set out in the interim final regulations, undermines Congress’s dual purposes and thwarts the statutory framework entirely. The law enforcement certification provisions of the U visa interim final regulations irreparably shift considerable centralized power to law enforcement personnel, subjecting the certification process to inconsistent application and misapplication.

U Visas allow undocumented non-immigrants who are victims of …

Japan’S Legal Education Reforms From An American Law Professor’S Perspective, Jeffrey Lubbers

Research Reports & White Papers

This paper describes and analyzes Japan’s reform of legal education. This reform that began in 2004—a new system of legal education, coupled with changes in the national bar examination and in the national legal training institute for successful exam-takers—was part of a wideranging national law reform movement in Japan. As a result, 74 universities across Japan established graduate-level “law schools,” most of which were added to pre-existing undergraduate law departments. The new law schools provide a degree equivalent to an American Juris Doctor (JD) degree. These law degrees became the main prerequisite for taking the national bar exam. The pass …