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Public Government And Regulatory Participation In Nunavut: Effective Self-Government For The Inuit, Laureen Nowlan-Card

Dalhousie Journal of Legal Studies

Self-government has been a goal of the Inuit of the Eastern and Central Arctic for decades. In April 1999, the new Nunavut Territory with its own government will become a reality. As the Nunavut government is to be a public government as opposed to an ethnic government, some have argued that what has been created in Nunavut is not truly self-government. This article is a critical analysis of whether the regulatory control and legislative powers derived from the Agreement and the Nunavut Act provide the Inuit in Nunavut with effective self-government. There are three main prerequisites to making self-government a …

Identity Crisis: The Charter And Forensic Dna Analysis In The Criminal Justice System, Robert E. Astroff

Dalhousie Journal of Legal Studies

Since its introduction in Canada in 1988, forensic DNA analysis has been instrumental in securing convictions in hundreds of violent crimes, from homicide to sexual assault. Until recently, however, there has been no legislative framework to regulate its use. This article examines Canada's Act to amend the Criminal Code and the Young Offenders Act (forensic DNA analysis) that received Royal Assent on July 13, 1995. It represents the first attempt by Parliament to provide legal authority for the compulsion of bodily samples as a direct response to the development of genetic testing. The principles of human genetics are outlined in …

Clinical Scholarship: Improving The Practice Of Law, Peter A. Joy

Clinical Law Review

The very existence of the Clinical Law Review challenges us to consider what is meant by legal scholarship in general and clinical legal scholarship in particular. Like Six Characters in Search of an Author, clinician authors have plied their wares in a variety of venues in search of a journal broad enough in its vision to cast their rich and varied contributions to clinical legal scholarship. The Clinical Law Review has become that venue. In the foreword to the first issue of the Clinical Law Review, the editors briefly trace the developments of clinical legal education and clinical legal scholarship. …

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

Publications

No abstract provided.

Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton

Clinical Law Review

The American Bar Association (ABA) has encouraged the development of field placement programs along with other clinical methodologies. However, the ABA has also responded to the increased prominence of externship programs by increasing the specificity of its accrediting regulations governing the content, teaching, and review of field placement programs. These new requirements, embodied in Interpretation 2 of Accreditation Standard 306(c), are more detailed and specific than the regulations governing other parts of the curriculum, including other clinical offerings. They have been received critically by externship faculty and others. This kind of micromanagement is the very type of intervention that may …

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Publications

No abstract provided.

The Color Of Money, Paul F. Campos

Publications

No abstract provided.

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Publications

No abstract provided.

The Need To Reform The "Acceptance Of Responsibility" Adjustment, Michael M. O'Hear

Faculty Publications

No abstract provided.

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Journal Articles

Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.

A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes

American Indian Law Review

No abstract provided.

Myths, Realities, And The Political World: The Anthropology Of Insanity Defense Attitudes, Michael L. Perlin

Articles & Chapters

The author presents the case that society's efforts to understand the insanity defense and insanity-pleading defendants are doomed to intellectual, moral, and political gridlock unless we are willing to take a fresh look at the doctrine through a series of filters-empirical research, scientific discovery, moral philosophy, cognitive and moral psychology, and sociology-in an effort to confront the single most important (but rarely asked) question: why do we feel the way we do about "these people" (insanity pleaders)? He examines this question finally through a model of structural anthropology and concludes that until we come to grips with the extent to …

No Direction Home: The Law And Criminal Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

No abstract provided.

Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang

Faculty Articles

In this essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …

Race And Self-Defense: Toward A Normative Conception Of Reasonableness, Cynthia Lee

GW Law Faculty Publications & Other Works

This paper examines the influence of racial stereotypes on juror determinations of reasonableness in self defense cases involving African American, Asian American, and Latino victims as part of a larger effort to minimize racial bias in criminal justice decision-making. Part I discusses traditional self defense doctrine, including the debate over whether an objective or subjective standard of reasonableness should be employed. Recognizing that objective standards such as the reasonableness requirement are not always neutral, Part I nevertheless concludes that an objective standard of reasonableness is preferable to a subjective standard which permits the racially biased sentiments of the defendant to …

Battered Spouses' Damage Actions Against Non-Reporting Physicians , James T.R. Jones

DePaul Law Review

No abstract provided.

In Defense Of Outlaws: Liberalism And The Role Of Reasonableness, Public Reason, And Tolerance In Multicultural Constitutionalism, Robert Justin Lipkin

DePaul Law Review

No abstract provided.

Painful Publicity - An Alternative Punitive Damage Sanction , Andrea A. Curcio

DePaul Law Review

No abstract provided.

Civil Forfeiture And The War On Drugs: Lessons From Economics And History, Donald J. Boudreaux, Adam C. Pritchard

Articles

This Article uses economic analysis to show how civil forfeiture’s role in the war on drugs creates contrary incentives for law enforcement officials and encourages abuses. The Article then reviews the history of civil forfeiture and the Supreme Court’s forfeiture jurisprudence, which seems incoherent. The Authors warn that the judiciary should be skeptical of civil forfeiture and its importance to the war on drugs. The Article proposes a constitutional framework, grounded in economics and history, to limit forfeiture abuses.

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …

The Road Less Taken: Annulment At The Turn Of The Century, Joanna L. Grossman, Chris Guthrie

Hofstra Law Faculty Scholarship

The existence of annulment prior to the mid-nineteenth century is easily explained. Until 1857, England was a "divorceless society." Accordingly, the only way an unhappy spouse could escape marriage was by seeking an annulment-a declaration that the marriage had never validly existed-from an ecclesiastical court operated by the Catholic Church. According to one family law scholar, "annulments [in those times] performed what we would think of as the function of divorces."

This explanation, though plausible in that context, fails to account for the continued vitality of annulment in late nineteenth and early twentieth-century America, a time when liberal divorce laws …

Cheffer V. Reno: Is The Regulation Of Abortion Clinic Protests The Regulation Of Interstate Commerce, John M. Scheib

Villanova Law Review (1956 - )

No abstract provided.

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.

On Reforming The Federal Writ Of Habeas Corpus, Michael O'Neill

Seton Hall Law Review

No abstract provided.

Women In Leadership Project: Research Register, Linley Lord, Leanne Burton

Research outputs pre 2011

No abstract provided.

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

Articles

A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.

Symposium: The First Annual Symposium On Media & The Law: Free Speech V. Fair Trial, Adrian Cronauer, William Janklow, Robert Weaver, Larry Piersol, Tena Haraldson, Michael Gartner, Jack Marsh, David Day

South Dakota Law Review

No abstract provided.

Mediating Conflicting Constructions Of Childhood Sexual Experience: A Case Study, Lynnell J. Simonson

Clinical Sociology Review

This paper describes a case study involving two primary school age children and their sexual experience together. The young girl interpreted the experience as abuse, and the young boy defined the experience as exploration. The cultural, environmental and structural factors which may have contributed to this difference of interpretation are presented. The author discusses the criterion used to distinguish between sexual exploration and sexual abuse between two children and addresses the difficulty in applying these standards to the normal sexual behavior of children. A case study is presented using the constructionist paradigm to mediate the conflicting interpretation of events, so …

The Interactive Effects Of Crime Prototype And Criminal Stereotype On Juridical Decisions, Joseph W. Filkins

Dissertations

No abstract provided.