Digital Commons Network^™

The Great Recession And Its Implications For Community Policing, Matthew J. Parlow

Faculty Publications

During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such …

Bypassing Habeas: The Right To Effective Assistance Requires Earlier Supreme Court Intervention In Cases Of Attorney Incompetence, Michael M. O'Hear

Faculty Publications

No abstract provided.

Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court, Richard C. Reuben

Faculty Publications

The U.S. Supreme Court has decided an extraordinary number of cases under the Federal Arbitration Act in the last half century, a pattern that continues today at the pace of a case or two a year. During this time, Republican presidential candidates have made much political hay out of the Supreme Court, running against the Warren Court’s “liberal activism” by promising to appoint judges who would decide cases more conservatively. In this article, I analyze whether this promise has been fulfilled in the context of the Supreme Court’s FAA jurisprudence by identifying the core principles of judicial conservatism – restraint, …

How Written Advocacy Shapes Doctrine (Part I): Did Bad Briefing Decide Lochner V. New York?, Douglas E. Abrams

Faculty Publications

No abstract provided.

The 2009 Nas Forensic Science Report: A Literature Review, Paul C. Giannelli

Faculty Publications

In February 29, the National Academy of Sciences (NAS) released its report on forensic science: Strengthening Forensic Science in the United States: A Path Forward (29). The popular press immediately trumpeted the report’s release, with headlines such as (1) “Report Urges Overhaul of Crime Lab System,” (2) “Real-life Police Forensics Don’t Resemble ‘CSI’: Reliability is ‘Low or Non-existent,’ Report Finds” and (3) “Science Found Wanting in Nation’s Crime Labs.”

Within three months of its publication, Justice Scalia cited the report in a Supreme Court decision, writing: “Forensic evidence is not uniquely immune from the risk of manipulation. . . Serious …

Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

A recent study found that poor criminal defendants in Philadelphia who were represented by court-appointed private lawyers were more often found guilty and sentenced to more time in prison than similarly situated defendants represented by public defenders. In this column, we review the details of the study, its findings, and its ethical and constitutional implications.

Nothing Is Not Enough: Fix The Absurd Post-Booker Federal Sentencing System, Frank O. Bowman Iii

Faculty Publications

This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission hearing considering whether the advisory guidelines system created by the Supreme Court’s 2005 decision in United States v. Booker should be modified or replaced. I argue that it should.

Player Safety In Youth Sports: Sportsmanship And Respect As An Injury Prevention Strategy, Douglas E. Abrams

Faculty Publications

Preventing avoidable injury is the first obligation of adults who conduct and supervise youth sports events. The law plays only a limited role because lawsuits occur only after the injury. As the behavior of many parents and coaches has deteriorated, national youth sports governing bodies have produced materials that cast adults as role models and urge them to teach and practice sportsmanship and respect. These bodies should now recast these useful citizenship-based adult-education materials to stress also that adherence to sportsmanship and respect helps prevent injuries that can occur when adults acting irresponsibly neutralize national safety standards. Protective equipment is …

Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, And The Sixth Amendment Confrontation Clause, Ben L. Trachtenberg

Faculty Publications

Using the example of a recent major terrorism prosecution, this article addresses “coventurer hearsay” in the context of the ongoing Confrontation Clause debate concerning the United States Supreme Court’s decision in Crawford v. Washington. Courts have recently begun admitting hearsay evidence pursuant to a revisionist interpretation of the coconspirator statement exception to the hearsay rule. Under the new “lawful joint venture” theory, a hearsay statement may be admitted as a coconspirator statement if made in furtherance of a “joint undertaking” - defined as pretty much any cooperative activity - even if the “conspiracy” is not illegal. Because this new interpretation …

Defeating An Erisa Lien With The Statute Of Limitations, Roger Baron, Anthony Lamb

Faculty Publications

No abstract provided.

International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh

Faculty Publications

A fundamental pillar of the Rome Statute of the International Criminal Court (ICC) is Article 17, which enshrines the complementarity principle – the idea that ICC jurisdiction will only be triggered when states fail to act to prosecute genocide, crimes against humanity and war crimes within their national courts or in circumstances where they prove unwilling and or unable to do so. The problem is that, as shown in this case report in the American Journal of International Law on the first ICC Appeals Chamber ruling regarding a state party’s objection to the court’s assertion of jurisdiction over its nationals, …

Universal Jurisdiction And The Crime Of Aggression, Michael P. Scharf

Faculty Publications

In June 2010 in Kampala, Uganda, the states that are party to the Statute of the International Criminal Court agreed to amend the ICC Statute to add the crime of aggression to the Court's jurisdiction. One of the key compromises that made this possible was the adoption of a U.S.-proposed “understanding” which provided that the aggression amendment should not be interpreted as creating a right for national courts to prosecute the crime of aggression under universal jurisdiction. If, however, national courts already possess the right to do so under customary international law, stemming from the Nuremberg precedent, then the understanding …

Two Sides To The Same Coin: Relational And Physical Aggression In The Media, Sarah M. Coyne, Laura Stockdale, David A. Nelson

Faculty Publications

Purpose - This review aims to examine how aggression is portrayed in the media and how it can influence behavior and attitudes regarding aggression.

Design/methodology/approach - The authors reviewed the relevant literature and examined both physical and relational forms of aggression in multiple media forms (television, film, video games, music, books).

Findings - Across media types, evidence is found that both physical and relational aggression are portrayed frequently and in ways that may contribute to subsequent aggression. Furthermore, though there are studies finding no effect of exposure to media aggression, evidence is found that watching physical and relational aggression in …

Guns And Membership In The American Polity, Pratheepan Gulasekaram

Faculty Publications

This Article elucidates the symbolic importance of citizenship distinctions in gun rights, contemplating how the American polity views itself and outsiders, and discussing the dynamics of intergroup and interpersonal interactions in the American Republican tradition.

Par In Parem Imperium Non Habet, Beth Van Schaack

Faculty Publications

The principle of complementarity undergirds the International Criminal Court’s admissibility regime. And yet, in the negotiations leading up to the 2010 Review Conference in Kampala, Uganda, delegates did not fully focus on the potential for the addition of the crime of aggression to destabilize the Court’s complementarity regime. The only guidance from the ASP came in the form of two interpretive Understandings that express a subtle preference that States Parties not incorporate the crime into their domestic codes. If States Parties heed this call - which they should - the Court will inevitably be faced with situations in which there …

Tough On Crime (On The State's Dime): How Violent Crime Does Not Drive California Counties' Incarceration Rates - And Why It Should, W. David Ball

Faculty Publications

California’s prisons are dangerously and unconstitutionally overcrowded; as a result of the Supreme Court’s recent decision in Plata v. Schwarzenegger, the state must act to reduce its prison population or face court-ordered prisoner releases. The state’s plans to reduce overcrowding are centered around what it calls criminal justice “realignment”, whereby California will send a portion of the state prison population to county facilities. The plan faces opposition from county officials, who see it as pushing the state’s problem on to the counties.

But what if state prison overcrowding is really a county problem? I argue that state prison overcrowding is …

Legislating Human Rights: The Case For Federal Legislation To Facilitate Domestic Judicial Application Of International Human Rights Treaties, David Sloss

Faculty Publications

In scholarly discourse about rights, it is often assumed that democracy is bad for rights. Rights protect individuals. Democratically enacted laws reflect the will of the majority. The “tyranny of the majority,” as John Stuart Mill warned long ago, threatens the rights of individuals.

It is not necessarily so. There are important examples in recent US history where majoritarian democracy produced legislation strengthening protection for individual rights. The Civil Rights Act of 1964, the Voting Rights Act of 1965,the Americans with Disabilities Act of 1990, and the Religious Freedom Restoration Act of 1993 are just a few examples of rights-enhancing …

Getting Past Legal Analysis… Or How I Learned To Stop Worrying And Love Teaching Rape, Michelle Oberman

Faculty Publications

Long after the rape chapter was over, when we had moved on to inchoate crimes and cases involving "call girls" and conniving defendants who took messages for them in an era before voicemail - protagonists with whom my students, it seemed safe to wager, were unacquainted - the thoughtful young man from the third row stopped in to ask, "What was the take away from the classes on rape?" My hope is that, in explaining my approach to teaching rape, I will also address the deeper themes afoot in contemporary critiques of legal education: whether and how law schools are …

Mutation At The Human D1s80 Minisatellite Locus, Kuppareddi Balamurugan

Faculty Publications

Little is known about the general biology of minisatellites. The purpose of this study is to examine repeat mutations from the D1S80 minisatellite locus by sequence analysis to elucidate the mutational process at this locus. This is a highly polymorphic minisatellite locus, located in the subtelomeric region of chromosome 1. We have analyzed 90,000 human germline transmission events and found seven (7) mutations at this locus. The D1S80 alleles of the parentage trio, the child, mother, and the alleged father were sequenced and the origin of the mutation was determined. Using American Association of Blood Banks (AABB) guidelines, we found …

The Influence Of Past Racism On Criminal Injustice: A Review Of The New Jim Crow And The Condemnation Of Blackness, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

There are books that, on their own, are informative and moving. But, oftentimes, reading books together—one right after the other—compounds each works’ transformative power. Michelle Alexander’s much-needed report (calling it simply a book hardly does it justice), The New Jim Crow: Mass Incarceration in the Age of Colorblindness, can certainly stand on its own as an important statement about the current use of mass incarceration to maintain a racial caste system in the United States. The same strength can be found in The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America, Khalil Gibran …

Revictimization Of Personal Injury Victims By Erisa Subrogation Claims, Roger Baron

Faculty Publications

No abstract provided.

The Curious Relationship Between "Self-Deportation" Policies And Naturalization Rates, Angela M. Banks

Faculty Publications

Governor Mitt Romney has stated that the country’s immigration problems can be solved through “self-deportation.” Arizona, Alabama, Georgia, South Carolina, and Virginia agree. For example, K–12 public schools in Alabama are required to ascertain the immigration status of all enrolling students. Police officers in Arizona, Alabama, Georgia, South Carolina, and Virginia check the immigration status of all individuals booked into jail. These “self-deportation” laws and policies, also known as immigration enforcement through attrition, are designed to discourage and deter unauthorized migration. Yet these policies are having a broader impact; they are creating a hostile context of reception for immigrants regardless …

Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons

Faculty Publications

Modem police culture tolerates or cultivates police misconduct and corruption in many ways. Failures to identify, monitor, and discipline "problem" officers; a belief that violence is a necessary part of law enforcement; and the code of silence; are organizational characteristics that need to be addressed in order to remedy organizational failures to hold law enforcement officers accountable. In order to address these cultural characteristics, police departments should carefully select police officers less likely to engage in these behaviors and adhere to these beliefs. Viewed through the lens of stakeholder participation, however, a fundamental shift should occur regarding how these new …

Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz

Faculty Publications

Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability of bail, prosecutorial discovery obligations, and jury trial guarantees, Texas affords protections vastly in excess of what is required by the United States Constitution. Even more shocking, these criminal procedure guarantees come almost entirely from Texas statutes approved by the legislature, not activist rules imposed by judges. This Article explores Texas's reputation as a tough-on-crime state and the seeming inconsistency between Texas being tough on …

The Conscience And Culture Of Prosecution: An Introduction, Anna Offit

Faculty Publications

Introduction to a symposium issue: "an interdisciplinary conversation between a filmmaker, former prosecutors, law professors, defense attorneys, and graduate students. Several questions prompted this gathering: First, do prosecutors have a distinctive legal 'culture'? What are the shared assumptions that define it? And how do those assumptions synchronize or conflict with the behaviors we deem ethical?"

Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Policing School Discipline, Catherine Y. Kim

Faculty Publications

No abstract provided.

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

Faculty Publications

No abstract provided.

Parental Problems, Case Plan Requirements, And Service Targeting In Child Welfare Reunification, Amy C. D’Andrade, R. Chambers

Faculty Publications

Only about half of parents attempting to reunify with their children in foster care succeed in their efforts. Parents are ordered by the court to use treatment services in order to resolve their problems. These treatment services thus play a critical role in reunification, and in fact the use of services appropriately matched to parents' problems has been found to be associated with a greater likelihood of reunification. However, there is little in the literature regarding the specific requirements of reunification case plans, and whether they are accurately targeted at reunifying parents' problems. This mostly descriptive study uses case file …

Africa And The International Criminal Court: Collision Course Or Cooperation?, Charles Chernor Jalloh

Faculty Publications

The relationship between Africa and the International Criminal Court (ICC) was cordial for many years. However, since the decisions of the United Nations Security Council to invoke its special powers to impose the Court on Sudan and Libya, African States acting through their regional body - the African Union - have adopted numerous resolutions claiming that the ICC maybe impeding, rather than assisting, their efforts to restore peace in several ongoing conflicts and transitional situations on the continent. In this invited lecture, given as the first RJR Distinguished Visiting Professor Lecture at North Carolina Central University School of Law in …