Digital Commons Network^™

History And Future Of The International Criminal Tribunals For The Former Yugoslavia And Rwanda, Louise Arbour, Aryeh Neier

American University International Law Review

No abstract provided.

Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams

American University International Law Review

No abstract provided.

Future Trends In The United States Federal Sentencing Scheme, Herbert J. Hoelter, Charles Nihan, Gerald Bard Tjoflat, Jonathan J. Wroblewski

American University International Law Review

No abstract provided.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …

An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed., Brenda V. Smith, Marcia Greenberger, Nancy Duff Campbell, Deborah Brake, Joanna Grossman, Kathie Donnelly, Laura Cutiletta, Christina Davis, Marelisa Fabrega, Kristin Flynn, Kristin Holman, Jessica Jackson, Heather Lamberg, Kimberly Harris, Shauna Helton, Alvin Stith, Aurie Hall, Jonathan Smith, Andie Moss, Theresa Hunt Katsel, Drs. Elaine Carmen, Shelley Neiderbach

Research Reports & White Papers

The National Women’s Law Center is a non-profit organization that has been working since 1972 to advance and protect women’s legal rights. The Center focuses on major policy areas of importance to women and their families including education, employment, reproductive rights, health, family support and income security, with special attention given to the concerns of low-income women.

As a legal arm of the women’s movement, the Center has litigated ground-breaking cases and filed briefs in landmark Supreme Court decisions; advocated before state and federal policymakers to shape legislation and policies affecting women’s lives; and educated the public about issues important …

The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Presumption Of Guilt And Compulsory Hiv Testing Of Accused Sex Offenders: A Case Study Of State Ex Rel. J.G., N.S., And J.T., Justin Amaechi Okezie

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Changing The Rules: Arguing Against Retroactive Application Of Deportation Statutes, Anjali Parekh Prakash

Scholarly Articles in Law Reviews & Journals

By failing to prescribe its temporal reach, section 440(d) of the Anti-Terrorism Effective Death Penalty Act (AEDPA) has created confusion for the courts. Does the provision apply to individuals who committed a crime, making them subject to deportation before AEDPA was passed? To individuals who were convicted prior to AEDPA? To those in deportation proceedings when AEDPA was passed? To those who had already applied for section 212(c) waivers when AEDPA was passed?

Using section 440(d) as a case study to analyze these retroactivity issues, this Note opposes the Attorney General’s interpretation and instead proposes an antiretroactivity presumption applicable not …

Montanav. Egelhoff: Voluntary Intoxication, Morality, And The Constitution , Robert J. Mcmanus

American University Law Review

No abstract provided.

Sandin V. Conner: Lowering The Boom On The Procedural Rights Of Prisoners , Scott F. Weisman

American University Law Review

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Mexico-United States Extradition And Alternatives: From Fugitive Slaves To Drug Traffickers - 150 Years And Beyond The Rio Grande's Winding Courses, Bruce Zagaris, Julia Padierna Peratta

American University International Law Review

No abstract provided.

Reasonable Doubt: How In The World Is It Defined?, Thomas V. Mulrine

American University International Law Review

No abstract provided.

The Downside Of Benign Intent, Margaret Martin Barry

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Race, Cops, And Traffic Stops, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …

Towards A Federal Counselor-Battered Woman Privilege, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In theory if not in fact, the purpose of a trial in the American legal tradition is to discern the truth related to a particular dispute. Although scholars have debated how well the adversary system actually promotes fair and accurate outcomes, this truth-seeking paradigm remains generally well-accepted. To ascertain the truth, information must be presented to the triers of fact for their consideration. The law of evidence thus provides the rules for introducing and considering such information in the adversary system.

The Case Against The Prison-Industrial Complex, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …

Crushing Equality: Gender Equal Sentencing In America, Christopher M. Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript For The Future Of The Federal Courts, William H. Rehnquist, Sarah Evans Barker, Edward R. Becker, Claudio Grossman, Stephen Reinhardt, Ira P. Robbins

American University Law Review

No abstract provided.

Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello

American University Law Review

No abstract provided.

Legal Guardians: Islamic Law, International Law, Human Rights Law, And The Salman Rushdie Affair, Anthony Chase

American University International Law Review

No abstract provided.

The World Bank, The Imf, And Human Rights, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.

Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article is a literary review and analysis of Malign Neglect: Race, Crime, and Punishment in America by Michael Tonry (1995). Part I of this review describes Tonry's analysis of the crime policies of the Reagan and Bush administrations. Part II discusses Tonry's indictment of the War on Drugs and criticizes his failure to acknowledge the effects of discriminatory prosecutorial practices and sentencing laws. Part III critiques Tonry's trivialization of the significance of race discrimination in the criminal justice system more generally. Part IV summarizes Tonry's proposals for change and stresses the importance of documenting, examining, and eliminating racial bias …

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto

Contributions to Books

Great progress has been made over the last two decades in the investigation and prosecution of sexual and gender-based violence, in particular by the ad-hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). Yet the practice and jurisprudence of these tribunals makes clear that significant challenges remain, including inconsistency in how to understand – and therefore how to prove and adequately link to higher level perpetrators – crimes of sexual violence committed in the context of conflict, mass violence or repression. This chapter examines these challenges and explores whether human rights law, particularly the requirement that access …