Digital Commons Network^™

Addiction And Sociality: Perspectives From Methamphetamine Users In Suburban Usa, Paul Boshears, Miriam W. Boeri, Liam Harbry

Faculty Articles

This article contributes to a growing body of literature that emphasizes the social nature of drug use, abuse and addiction. Current discourses of addiction tend to focus on the individual while limiting attention on the social environment and the role of sociality. We seek to contribute a more intuitive, insiders'' perspective of the drug trajectory and a broader conceptualization of addiction. Drawing from our qualitative study on 100 current and former methamphetamine users in the suburbs of Atlanta, Georgia (USA), we examined the trajectories of methamphetamine use to provide greater insight on what influences drug initiation, progression, cessation and relapse …

Suburban Poverty: Barriers To Services And Injury Prevention Among Marginalized Women Who Use Methamphetamine, Miriam W. Boeri, Benjamin Tyndall, Denise R. Woodall

Faculty Articles

Objective: This paper aims to identify the needed healthcare and social services barriers for women living in suburban communities who are using or have used methamphetamine. Drug users are vulnerable to injury, violence and transmission of infectious diseases, and having access to healthcare has been shown to positively influence prevention and intervention among this population. Yet little is known regarding the social context of suburban drug users, their risks behaviors, and their access to healthcare.

Methods: The data collection involved participant observation in the field, face-to-face interviews and focus groups. Audio-recorded in-depth life histories, drug use histories, and resource needs …

Drug Use Trajectory Patterns Among Older Drug Users, Miriam W. Boeri, Thor Whalen, Benjamin Tyndall, Ellen Ballard

Faculty Articles

To better understand patterns of drug use trajectories over time, it is essential to have standard measures of change. Our goal here is to introduce measures we developed to quantify change in drug use behaviors. A secondary goal is to provide effective visualizations of these trajectories for applied use. We analyzed data from a sample of 92 older drug users (ages 45 to 65) to identify transition patterns in drug use trajectories across the life course. Data were collected for every year since birth using a mixed methods design. The community-drawn sample of active and former users were 40% female, …

Federalism And Criminal Law: What The Feds Can Learn From The States, Rachel E. Barkow

Faculty Articles

Criminal law enforcement in the United States is multi jurisdictional. Local, state, and federal prosecutors all possess the power to bring criminal charges. An enduring question of criminal law is how authority should be allocated among these levels of government. In trying to gain traction on the question of when crime should be handled at the federal level and when it should be left to local authorities, courts and scholars have taken a range of approaches. Oddly, one place that commentators have not looked for guidance on how to handle the issue of law enforcement allocation is within the states …

Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher Totten

Faculty Articles

This Article consists of four parts. Part I addresses the US approach to immunity for current and former foreign heads of state as well as the related issue of foreign official immunity. Part I includes a discussion of the 2010 US Supreme Court case of Samantar, which addresses foreign official immunity. Part II explores head-of-state and official immunity under international law, including a discussion of Democratic Republic of the Congo v. Belgium decided by the International Court of Justice ("ICJ"), the Charles Taylor immunity decision of the Special Court for Sierra Leone, the ongoing case by the ICC against Sudanese …

From Sound Bites To Sound Policy: Reclaiming The High Ground In Criminal Justice Policy-Making, Anthony C. Thompson

Faculty Articles

In this article, the author contemplates the way the criminal justice system is portrayed in the media and suggests how the media's emphasis on "sound bites" - which makes it difficult to separate fact from hype - has had significant policy ramifications. The author makes a point of exploring the many ways that conceptions of crime are formed and influenced, as well as how the media has shaped legislation. In the author's opinion, in order to curb the excessive influence of most mainstream representations of the criminal justice system, there must be some mechanism for oversight of both the media …

Federal Rules Pending Public Comment, David A. Schlueter

Faculty Articles

In August 2011, the Administrative Office of the United States Courts published several rules for public comment. The amendment to Rule 11 would require the judge to apprise a defendant who wishes to plead guilty that, if convicted and not a United States citizen, the defendant may be deported, denied citizenship, and denied future admission to the United States. Several amendments have been proposed for Rule 12 with reference to the appropriate times for pleadings and pretrial motions, and the consequences and standards of review for untimely motions. The change to Rule 34 is intended to conform the rule to …

The Timely Demise Of The Fourth Amendment Third Party Doctrine, Stephen E. Henderson

Faculty Articles

In what may be a slightly premature obituary, in this response to a forthcoming paper by Matthew Tokson I argue that the Fourth Amendment third party doctrine "has at least taken ill, and it can be hoped it is an illness from which it will never recover." It is increasingly unpopular as a matter of state constitutional law, has long been assailed in scholarship but now thoughtful alternatives are percolating, and it cannot – or at least should not – withstand the pressures which technology and social norms are placing upon it. Even the Supreme Court seems loath to defend …

Federal Rules Update: Rules Amended As Of December 2010, David A. Schlueter

Faculty Articles

Amendments to the Federal Rules of Procedure and Evidence become effective three years from initial drafting by an advisory committee. Proposed amendments are considered by the respective advisory committees, then circulated for public comment, and then forwarded to the Judicial Conference’s Standing Committee on Rules. If approved by the Judicial Conference, they are sent to the Supreme Court for any appropriate changes. If Congress makes no changes after approval by the Supreme Court, the amendments automatically become effective December 1. Two proposed amendments in 2010 did not become effective because they were not submitted to Congress under the procedure outlined …

Credit-Monitoring Damages In Cybersecurity Tort Litigation, Vincent R. Johnson

Faculty Articles

When someone improperly accesses or discloses an individual’s personal information, the subject of that data breach is often at an increased risk of identity theft. One way for an affected data subject to guard against this risk is to subscribe to a credit-monitoring service. Recently, potential cybersecurity defendants have provided credit-monitoring services to affected data subjects voluntarily, and courts have approved credit-monitoring compensation as part of class-action settlements. These developments demonstrate that credit-monitoring expenditures are both reasonable and necessary when a serious breach of data security occurs. Furthermore, the economic loss rule should not bar recovery of credit-monitoring damages because …

The Rule Of Law And Enforcement Of Chinese Tort Law, Vincent R. Johnson

Faculty Articles

The majority of the work necessary to advance the Rule of Law in China is yet to be done. This is particularly the case as it relates to deterring accidents and compensating injuries. The Rule of Law is concerned with much more than the substantive terms of legal provisions. As such, China must develop the institutional practices that will bring to fruition the promise of the new Tort Law. In part, this will entail the proper selection, retention, and protection of judges. It will also depend on whether persons have access to the justice system, either through competent counsel or …

Undocumented Criminal Procedure, Devon W. Carbado, Cheryl I. Harris

Faculty Articles

For more than two decades, criminal procedure scholars have debated what role, if any, race should play in the context of policing. Although a significant part of this debate has focused on racial profiling, or the practice of employing race as basis for suspicion, criminal procedure scholars have paid little attention to the fact that the U.S. Supreme Court has sanctioned this practice in a number of cases at the intersection of immigration law and criminal procedure. Notwithstanding that these cases raise similar questions to those at the heart of legal and policy debates about racial profiling, they are largely …

Guns, Fruits, Drugs, And Documents: A Criminal Defense Lawyer's Responsibility For Real Evidence, Stephen Gillers

Faculty Articles

A criminal defense lawyer may need to read a document, test a weapon, or analyze a substance in order to advise a client. Or there may be no such need but a client may show up at a law office with an illegal weapon, contraband, or stolen property. In either event, what should a lawyer do with the item following any evaluation? What should she do if her client reveals where a weapon, contraband, or stolen property is hidden? Some cases say that a lawyer who receives or retrieves an item of real evidence must give it to the authorities …

Battered Women, Self-Defense, And The Law, Matthew Termine, Holly Maguigan, Joshua Dressler

Faculty Articles

Panel discussion at first event held by Res Gestae, Fordham Law Review’s Online Companion.

American Policing At The Crossroads: Unsustainable Policies And The Procedural Justice Alternative, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq

Faculty Articles

As victimization rates have fallen, public preoccupation with policing and its crime-control impact has receded. Terrorism has become the new focal point of concern. But satisfaction with ordinary police practices hides deep problems. The time is therefore ripe for rethinking the assumptions that have guided American police for most of the past two decades. This Article proposes an empirically-grounded shift to what we call a procedural justice model of policing. When law enforcement moves toward this approach, it can be more effective at lower cost and without the negative side effects that currently hamper responses to terrorism and conventional crime. …

Prosecuting Federal Crimes In State Courts, Michael G. Collins, Jonathan R. Nash

Faculty Articles

Despite the ancient maxim that the courts of one sovereign will not “execute the penal laws of another,” they sometimes do. For example, federal courts can hear state-law criminal prosecutions of federal officers for acts taken in the course of their duties that are brought initially in state court and are then removed to federal court. In addition, some states now open their courthouse doors to officials from other states to pursue tax enforcement actions against delinquent taxpayers. But states still do not (and perhaps cannot) entertain prosecutions of fugitives solely for crimes committed in another state because the Constitution …

An Emerging Mandate For International Courts: Victim-Centered Remedies And Restorative Justice, Thomas M. Antkowiak

Faculty Articles

More than ever, international attention has been directed to the needs of those who have suffered human rights violations. Nevertheless, the chasm between what victims want and what they obtain is still vast. The Inter-American Court of Human Rights, unlike most tribunals, has sought to narrow this gap by ordering remedies that respond to victims’ demands for recognition, restoration, and accountability.

In contrast, for decades the European Court of Human Rights has applied a restrictive remedial model. The European Court, inordinately concerned about its institutional integrity, curtails remedies — often delivering only declaratory relief and monetary damages. Since the Inter-American …

The Fred T. Korematsu Center For Law And Equality And Its Vision For Social Change, Robert S. Chang

Faculty Articles

The Fred T. Korematsu Center for Law and Equality at Seattle University School of Law takes its name and inspiration from Fred Korematsu. Entrusted with honoring and furthering his legacy, the Korematsu Center, although not speaking as or for him, constructs its identity through its activities as an actor in the legal community and more broadly in the public. The Korematsu Center is very self-consciously engaged in developing a distinct personality as a collective entity that exists not just as a collection of the individuals or projects within the center.

The Korematsu Center is constituted by its commitments, by what …

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Faculty Articles

The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."

Meeting Across The River: Why Affirmative Action Needs Race And Class Diversity, Deirdre M. Bowen

Faculty Articles

This paper is a response to Richard Sander’s latest work challenging the notion that race based affirmative action is still relevant and demanding that institutions of higher education consider class based affirmative action. To support his thesis, Sander conducts an empirical study on who benefits from affirmative action.

This Article is divided into three sections, each containing a critique of Sander’s arguments and analysis. First, I briefly reframe and reiterate the history of race and ethnicity in affirmative action’s origins to directly confront the assumption that Sander makes about what affirmative action’s original purpose entailed. The goal of Part I …

Rodrigo’S Reconsideration: Intersectionality And The Future Of Critical Race Theory, Richard Delgado

Faculty Articles

The author presents a discussion between him and his friend Rodrigo Crenshaw on intersectionality and the future of critical race theory. They discuss the three core critical-race theory ideas which include narrative jurisprudence, integroup coalitions and intersectionality. The author also explains the concept of classical liberalism.

Freedom From Violence: Using The Stages Of Change Model To Realize The Promise Of Civil Protection Orders, Jane K. Stoever

Faculty Articles

This Article is the first legal scholarship to analyze domestic violence civil protection orders and response systems using the Stages of Change Model from the field of psychology. The Stages of Change Model, which describes how domestic violence survivors end relationship violence, includes five stages: (1) pre-contemplation; (2) contemplation; (3) preparation; (4) action; and (5) maintenance. According to the model, ending intimate partner violence is an iterative and complex process, and survivors typically revisit earlier stages as they progress toward maintaining freedom from violence. The model has been validated by numerous studies and is widely accepted in the psychology community. …

A Call To Is Educators To Respond To The Voices Of Women In Information Security, Amy B. Woszczynski, Sherri Shade

Faculty Articles

Much prior research has examined the dearth of women in the IT industry. The purpose of this study is to examine the perceptions of women in IT within the context of information security and assurance. This paper describes results from a study of a relatively new career path to see if there are female-friendly opportunities that have not existed in previous IT career paths. Research methodology focuses on a qualitative analysis of in-depth interviews with women who are self-described information security professionals. A primary goal of the study is to understand the perceptions of women in information security and determine …

Databases, Doctrine And Constitutional Criminal Procedure, Erin E. Murphy

Faculty Articles

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …

Efficacy Of The Obama Policies To Combat Al-Qa’Eda, The Taliban, And Associated Forces—The First Year, Jeffrey F. Addicott

Faculty Articles

In President Obama’s first year in office, he failed in combating al-Qa’eda, the Taliban, and associated forces. President Obama wished to change the perception on the ‘War on Terror’ established by the Bush Administration, but instead created more confusion and frustration in an attempt to change old policies.

Most notably, President Obama refused to irrevocably and sternly tell the American public that the conflict with al-Qa’eda was indeed a war. The Bush Administration’s first action taken after 9/11 was the pronouncement that the United States was at war. President Obama instead referred to the conflict as an “overseas contingency operation.” …

Branch Office Of The Prosecutor: The New Role Of The Corporation In Business Crime Prosecutions, Harry First

Faculty Articles

The Article describes the evolution of the public corporation's role in the criminal justice process-from potential defendant to "branch office of the prosecutor," partnering with the government in investigating business crime-and assesses the impact of this evolution on criminal justice policy. The first part of the Article describes the branch-office role, tracing its development back to the 1970s, and shows how it has come to be routine for public corporations to assist prosecutors in their investigations. The second part of the Article discusses the implications of this shift in institutional role. The Article first argues that the public corporation's branch-office …

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of amendments to the Federal Rules of Procedure and Evidence became effective on December 1, 2009. The change to Criminal Rule 7 deleted subdivision (c)(2), which required that the indictment include notice that the defendant has an interest in forfeitable property. Criminal Rule 32 now provides that the presentence report state whether the government is seeking forfeiture of property. Criminal Rule 32.2 received six amendments concerning criminal forfeiture. Criminal Rule 41 created a two-step process for seizing and reviewing electronic storage media. Further, of the Rules Governing § 2254 Proceedings, Rule 11 was created to make the requirements …

Finding And Incorporating Spirituality In The Work Of The Clinic, Ana M. Novoa

Faculty Articles

forthcoming

Judging In The Time Of The Extraordinary, Samuel Issacharoff

Faculty Articles

The article presents a memorial lecture for Houston, Texas Judge John R. Brown which discusses the role of courts in the U.S. It states that before Brown's contributions to the enforcement of civil rights, he had been considered as one of the leading admiralty lawyers from his generation. Moreover, it mentions that courts had been playing an important role in the legal transformation which is presented by cases wherein the courts can serve as the protection of citizens from the minority level.

Disestablishing The Family, Alice Ristroph, Melissa Murray

Faculty Articles

This Feature explores what it would mean to disestablish the family. It examines a particular theory of religious disestablishment, one that emphasizes institutional pluralism and the importance of competing sources of authority, and argues that this model of church-state relationships has much to teach us about family-state relationships. Though substantial rights to what might be called "free exercise of the family" have been recognized in American constitutional doctrine, at present there is no parallel principle of familial disestablishment. The state is free to regulate families qua families, and to encourage or discourage certain kinds of familial relationships. This Feature suggests …