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The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding

American University Law Review

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …

I Am Certain He Is The Man...I Think, Tim Harris

The Modern American

No abstract provided.

Children Of Incarcerated Mothers And The Struggle For Stability , Nekima Levy-Pounds

The Modern American

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners' rights in sexual expression from states' legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …

Letter From The Editor, Laurita M. Denny

American University Criminal Law Brief

No abstract provided.

Prison Rape Elimination Act: Implications For Sheriffs: The Facts, Brenda V. Smith, Susan Mccampbell, Pam Cole, Margo Frasier

Presentations

This brochure explains the impact of the Prison Rape Elimination Act (PREA) on jails. Topics discussed include: what PREA is; how PREA applies to jails; the purpose of PREA; what jails need to be doing; and answers to frequently asked questions.

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

Project on Addressing Prison Rape - Articles

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 inmate management.

Integrity In Jail Operations: Addressing Employee/Inmate Relationships, Brenda V. Smith, Nairi M. Simonian

Project on Addressing Prison Rape - Articles

Jails often struggle with how to ensure the integrity of operations by establishing policies aimed at governing employee relationships with individuals who are under the supervision of a criminal justice agency. Agencies need to balance their legitimate interests with employees’ basic rights to associate. This article discusses case law around this issue and makes recommendations about how to construct agency policies in this area.

Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith

Project on Addressing Prison Rape - Articles

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.

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

Project on Addressing Prison Rape - Articles

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners’ rights in sexual expression from states’ legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …

Considering Tortious Racism, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION The recent concurrence of Justice Ginsburg in Grutter v. Bollinger, and her dissent in Gratz v. Bollinger, cogently explore what W.E. DuBois termed problems of the "color line". The ongoing consequences of racism in America reveal a complicated racial caste stem, the medico-legal consequences of which merit exploration. Following in the footsteps of other great jurists, Justice Ginsburg situates the challenges facing persons of color in the context of American history and connects the racialized dots to recognize the ongoing effects of racism. Together with the majority opinion in Grutter, Justice Ginsburg acknowledges that race still matters in America. …

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Crimmigration Crisis: Immigrants, Crime, And Sovereign Power, Juliet Stumpf

American University Law Review

This article provides a fresh theoretical perspective on the most important development in immigration law today: the convergence of immigration and criminal law. It proposes a unifying theory - membership theory - for why these two areas of law recently have become so connected, and why that convergence is troubling. Membership theory restricts individual rights and privileges to those who are members of a social contract between the government and the people.

Membership theory provides decisionmakers with justification for excluding individuals from society, using immigration and criminal law as the means of exclusion. It operates in the intersection between criminal …

The "New Judicial Federalism" Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders

American University Law Review

The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in the state courts Lochner's doctrine of economic substantive due process lives on. Since the New Deal, courts in almost every state have rebuffed the United States Supreme Court and have interpreted their own state constitutions' due process clauses to provide substantive protections to economic liberties. This Article presents a comprehensive survey of state court use of economic substantive due process since the New Deal. It includes an enumeration of every instance since 1940 of a state court of highest …

Prison Rape Elimination Act (Prea) Summary Of Responses From Juvenile Focus Group On Staff Sexual Misconduct And Youth On Youth Sexual Assault (Focus Group: Juvenile Justice Agencies - Addressing Rape Of Youth In Correctional Custody, Overview Of Current Efforts, Close Out And Reactions (Delivery Strategies, Products)), Brenda V. Smith, Andie Moss

Presentations

Responses to thirteen questions regarding curriculum related to staff sexual misconduct with youth and youth on youth sexual assault are provided. "The objectives of the focus groups included: (1) to gather data that will inform NIC [National Institute of Corrections] in how to best develop a juvenile oriented curriculum on staff sexual misconduct; (2) to gather data that will guide NIC in identifying the major staff sexual misconduct related issues in juvenile corrections, including what stakeholders should be consulted, and what strategies should be utilized in naming the issues and building knowledge about the PREA [Prison Rape Elimination Act]; and …

Iraq, Cambodia, And International Justice , Patricia M. Wald

American University International Law Review

No abstract provided.

Targeting Legal Advice, Peter J. Henning

American University Law Review

No abstract provided.

The Ruling Of The International Court Of Justice In The Avean And Other Meixican Natioanls: Enforcing The Right To Consular Assistance In U.S. Jurispudence, Adrienne M. Tranel

American University International Law Review

No abstract provided.

Lori Berenson V. Peru: An Analysis Of Selected Holdings By The Inter-American Court Of Human Rights, Joseph May

American University International Law Review

No abstract provided.

International Arbitration And Money Laundering, Andrew De Lotbiniére Mcdougall

American University International Law Review

No abstract provided.

Terrorists, Warlords, And Thugs , David M. Crane

American University International Law Review

No abstract provided.

Operation Murambatsvina: A Crime Against Humanity Under The Rome Statute? , Jeff Nicolai

American University International Law Review

No abstract provided.

The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale

American University Law Review

No abstract provided.

Comment: Does Hiibel Redefine Terry? The Latest Expansion Of The Terry Doctrine And The Silent Impact Of Terrorism On The Supreme Court's Decision To Compel Identification, Jamie L. Stulin

American University Law Review

No abstract provided.

Volume 1, Issue 1, The Modern American

The Modern American

No abstract provided.

Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz

The Modern American

No abstract provided.

For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan

American University Journal of Gender, Social Policy & the Law

No abstract provided.