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The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson Jan 2007

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Research Reports & White Papers

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …


The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch Jan 2007

The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch

American University International Law Review

No abstract provided.


The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis Jan 2007

The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article explores the legal profession's failure to hold prosecutors accountable for misconduct and other ethical violations. Part I introduces the piece, providing several examples of prosecutorial power and abuse in the criminal justice system. Part II discusses prosecutorial misconduct and the inadequacy of current legal remedies. Part III argues that the Model Rules of Professional Responsibility have not provided adequate guidance to prosecutors, and that the disciplinary process has not been effective in disciplining prosecutors when they have abused their power and discretion. Part IV contends that the disbarment of Mike Nifong – the prosecutor in the Duke lacrosse …


Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic Jan 2007

Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Taking The "Banks" Out Of Banks V. Gonzales: Dna Databanks And The Fourth Amendment Prohibition On Unreasonable Searches And Seizures, Heather Bennett Jan 2007

Taking The "Banks" Out Of Banks V. Gonzales: Dna Databanks And The Fourth Amendment Prohibition On Unreasonable Searches And Seizures, Heather Bennett

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transcript: Welcome Address, American University Washington College Of Law Disability Rights Law Clinic Jan 2007

Transcript: Welcome Address, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Conference: Reparations In The Inter-American System: A Comparative Approach Conference, Ignacio Alvarez, Carlos Ayala, David Baluarte, Agustina Del Campo, Santiago A. Canton, Claudio Grossman, Darren Hutchinson, Pablo Jacoby, Viviana Krsticevic, Elizabeth Abi-Mershed, Fernanda Nicola, Diego Rodríguez-Pinzón, Francisco Quintana, Sergio Garcia Ramirez, Alice Riener, Frank La Rue, Dinah Shelton, Ingrid Nifosi Sutton, Armstrong Wiggins Jan 2007

Conference: Reparations In The Inter-American System: A Comparative Approach Conference, Ignacio Alvarez, Carlos Ayala, David Baluarte, Agustina Del Campo, Santiago A. Canton, Claudio Grossman, Darren Hutchinson, Pablo Jacoby, Viviana Krsticevic, Elizabeth Abi-Mershed, Fernanda Nicola, Diego Rodríguez-Pinzón, Francisco Quintana, Sergio Garcia Ramirez, Alice Riener, Frank La Rue, Dinah Shelton, Ingrid Nifosi Sutton, Armstrong Wiggins

American University Law Review

This publication will enhance the understanding of what we call the law of reparations, developed in the Inter-American Court and Commission of Human Rights. Reparations have a special meaning for the victims of human rights violations and, in particular, the victims of mass and gross violations that took place in this hemisphere during the twentieth century. For those victims and their family members, reestablishing the rights as if no violation had occurred is not possible. Accordingly, to them, avoiding the repetition of those violations in the future is of paramount importance. In achieving that goal, what the victims want is …


The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Dec 2006

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle Oct 2006

Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle

Scholarly Articles in Law Reviews & Journals

A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice. Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …


Law And Terror, Kenneth Anderson Oct 2006

Law And Terror, Kenneth Anderson

Popular Media

This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …


Courts, Cops, Citizens, And Criminals: How Courts Misapply Seibertto Question-First Interrogations And How They Can Fix It, Justin D. Heminger Jan 2006

Courts, Cops, Citizens, And Criminals: How Courts Misapply Seibertto Question-First Interrogations And How They Can Fix It, Justin D. Heminger

American University Criminal Law Brief

No abstract provided.


The Prosecutor’S Role: A Response To Professor Davis, Randall D. Eliason Jan 2006

The Prosecutor’S Role: A Response To Professor Davis, Randall D. Eliason

American University Criminal Law Brief

No abstract provided.


Escaping A Life Of Abuse: Children Who Kill Their Batterers Andthe Proper Role Of “Battered Child Syndrome” In Their Defense, Julie Rowe Jan 2006

Escaping A Life Of Abuse: Children Who Kill Their Batterers Andthe Proper Role Of “Battered Child Syndrome” In Their Defense, Julie Rowe

American University Criminal Law Brief

No abstract provided.


Volume 2, Issue 2, The Modern American Jan 2006

Volume 2, Issue 2, The Modern American

The Modern American

No abstract provided.


Conference Highlight - Panel: From Inmate To Legal Advocate , Kemba Smith Jan 2006

Conference Highlight - Panel: From Inmate To Legal Advocate , Kemba Smith

The Modern American

No abstract provided.


Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones Jan 2006

Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones

The Modern American

No abstract provided.


Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith Jan 2006

Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith

The Modern American

No abstract provided.


Living By The Sword: The Free Exercise Of Religion And The Sikh Struggle For The Right To Carry A Kirpan, Rishi S. Bagga Jan 2006

Living By The Sword: The Free Exercise Of Religion And The Sikh Struggle For The Right To Carry A Kirpan, Rishi S. Bagga

The Modern American

No abstract provided.


Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins Jan 2006

Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins

Human Rights Brief

No abstract provided.


Analyzing Prison Sex: Reconciling Self-Expression With Safety, Brenda V. Smith Jan 2006

Analyzing Prison Sex: Reconciling Self-Expression With Safety, Brenda V. Smith

Human Rights Brief

No abstract provided.


When Human Rights Are Swept Away, Stephen Wermiel, Jerome Reide Jan 2006

When Human Rights Are Swept Away, Stephen Wermiel, Jerome Reide

Scholarly Articles in Law Reviews & Journals

No abstract provided.


A Tribute To Professor Charles J. Ogletree, Jr., Roger Fairfax Jan 2006

A Tribute To Professor Charles J. Ogletree, Jr., Roger Fairfax

Scholarly Articles in Law Reviews & Journals

I recall vividly how, as a junior at Harvard College, I landed a coveted position on Professor Ogletree's office hours list. My ostensible purpose for taking an office hours slot away from a deserving law school student was to discuss the college seminar paper I was writing on the District of Columbia statehood movement. Although I did leave that meeting with several fruitful research leads, I was much more satisfied with achieving my true aim-to meet in person this man about whom I had heard so many wonderful things. The professor did not disappoint. As I sat in his office-the …


Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith Jan 2006

Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and as inmate management.


Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.


Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson Jan 2006

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …


Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins Jan 2006

Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark Jan 2006

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Conference Highlight - Northstart Award: Spotlight On Angela Davis, Jamin B. Raskin Jan 2006

Conference Highlight - Northstart Award: Spotlight On Angela Davis, Jamin B. Raskin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang Jan 2006

Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socio-economic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking …


The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang Jan 2006

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Scholarly Articles in Law Reviews & Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …