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Program Notes- Oct. 1998, Women's Studies Program Staff

Women's Studies Program Notes

No abstract provided.

Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell

Faculty Scholarship

As we celebrate the Fiftieth Anniversary of the Universal Declaration of Human Rights, the idea of human rights endures. The human rights idea was honored at a conference organized by the Association of the Bar of the City of New York, held at Fordham Law School on December 10-12, 1999, to commemorate the first fifty years of the Universal Declaration of Human Rights. The four pieces that follow were presented at the conference as part of a panel addressing one of the central philosophical concerns regarding the human rights project: its universality. While the panel's title, "What is a Human …

Stop ... Go Directly To Jail, Do Not Pass Go, And Do Not Ask For A Notary, 31 J. Marshall L. Rev. 879 (1998), R. Jason Richards

UIC Law Review

No abstract provided.

Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This article discusses the use of expert testimony in prosecuting those charged with domestic abuse. Part I provides a background on the need and nature of expert testimony in domestic violence cases and the requirements for the admission of such expert testimony. It traces the development of the role of expert testimony in domestic violence cases from its initial exclusive use as a defense tool to support self-defense claims to its present use by prosecutors to explain a complainant's recantation or other puzzling behavior. Part II discusses the appellate cases that have addressed the admissibility and scope of expert testimony …

Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article argues that a prosecutor's intent is always relevant to the courts' analysis of misconduct, and that the courts should always consider a prosecutor's intent in determining whether a rule was violated and whether the verdict was prejudiced. Part II of this Article examines the use of the objective test to analyze a prosecutor's trial conduct. Part II offers several reasons courts give for avoiding inquiry into a prosecutor's mental culpability, analyzes those reasons, and concludes that although the application of an objective test is sufficient to correct misconduct in some instances, it does not foreclose application of a …

Cal State San Bernardino Magazine (Spring 1998-1999), Csusb

CSUSB Magazine

Contents:

Special......Page 2
Police agencies in several nations are working on ways that communities can head off crime, rather than simply react to it.

Observations......Page 4
Alumni and citizens have much to be proud of with the accomplishments of Cal state faculty.

Cal State Update......Page 5
Year 2000, telecommunications infrastructure managed capably on campus.

College News......Page 8
Pete Fairchild's poetry continues to collect top-shelf awards.

Coyote Sports......Page 14
The way it was in the Coyote's most exciting year yet in men's basketball.

Gift Rap......Page 16
San Bernardino resident Evelyn Magnuson establishes scholarships for hometown …

The University Of Texas Of The Permian Basin Fall '98 Class Schedule, The University Of Texas Of The Permian Basin

Course Schedules

No abstract provided.

Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda

Journal Articles

Consider Law, Life and Literature. Which of the three is the most real, honest, and inclusive? Many would answer the law because it takes into consideration all of the facts and circumstances to formulate a clear and consistent rule, and literature is the most unreal, the most fictional of the three. However, that is not accurate. Of the three, literature is actually the most real, honest, and inclusive. It is real because, with brutal honesty, it deals with all of our realities. It is more honest than life, for often in our outer (and even inner) lives we are afraid …

Client Participation In Intensive Family Preservation Programs, Julia H. Littell, Emiko Tajima

Graduate School of Social Work and Social Research Faculty Research and Scholarship

This study identifies factors associated with client participation in intensive, in-home family preservation services. Our initial focus was on client cooperation, but a review of the literature and preliminary analysis of empirical data convinced us to broaden this focus to consider the diverse ways in which clients participate in treatment.

The clients in our study were involuntary, in that they were referred for family preservation services by a public child welfare agency following substantiated reports of child abuse and neglect. The services were intended as an alternative to removal of a child from the home. The primary caregiver was the …

The University Of Texas Of The Permian Basin Spring Semester 1998 Schedule, The University Of Texas Of The Permian Basin

Course Schedules

No abstract provided.

Feminism And Defending Men On Death Row, Phyllis L. Crocker

Law Faculty Articles and Essays

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …

Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn

UF Law Faculty Publications

Remarks from Professor Kenneth B. Nunn at the Ray Rushton Distinguished Lecture Series at the Cumberland School of Law on April 24, 1998.

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

No abstract provided.

State V. Lovejoy: Hung Juries And Retrial Vs. Double Jeopardy And Collateral Estoppel, Nicole M. Ellis

Cleveland State Law Review

This article argues that the Supreme Court of Ohio's decision in Lovejoy helps to preserve the purpose of our criminal laws, which is to protect society. The article starts by recapping the events leading up to trial, then it breaks down the court decisions on appeal. The analysis of these decisions arrives at the conclusion that allowing a defendant to be retried on charges in which the accused was not previously acquitted, but rather the jury was hung or there was a mistrial, does not frustrate justice but instead greatly increases the opportunities for justice. In addition, the accused is …

On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed

Cleveland State Law Review

This article explores and analyzes the two-pronged legal dilemma that confronted the court in State v. Marshall: in Ohio, finding the correct sentencing law is often difficult; and a recent amendment to the resentencing portion of that law, S.B. 258, destroys the efficiency that was characteristic of Ohio's previous resentencing framework. Consequently, Part II of this article examines the facts and holding of State v. Marshall and suggests that finding the applicable law must be simplified. Practitioner handbooks are often confusing and incomplete, in part as the Ohio legislature generates an ever-changing body of law. Justice and the lives of …

Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler

Cleveland State Law Review

We should always be looking to see where we are, how we got there, and where we appear to be going. My purpose in this article has been to ask those questions in the context of rape law. In evaluating rape reform, I have tried to be fair-minded and balanced in my observations. I have suggested areas in which the law should go further to protect against sexual misconduct, but I have also expressed my belief that rape law reform threatens to move in undesirable directions. In particular, I have argued that there is a risk that courts will follow …

Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson

Cleveland State Law Review

This article addresses only one issue, one which our judicial system ultimately must address: the criminal responsibility one will bear for committing a crime when the actions are determined by the actor's genetic make-up. Part I of the article traces the roots of genetic research from Darwinism to eugenics and Nazi racial purity theories. Part II reviews theories and studies which support the concept of genetic influence on social, particularly criminal, behavior. Part III considers the impact of the genetic revolution on our criminal justice system with special emphasis on the effect on our system's fundamental concept of free will. …

When Murdering Hands Rock The Cradle: An Overview Of America's Incoherent Treatment Of Infanticidal Mothers, Brenda Barton

SMU Law Review

No abstract provided.

An Empirical And Normative Analysis Of The Impact Of Televised Courtroom Proceedings, Ralph E. Roberts Jr.

SMU Law Review

No abstract provided.

Criminal Procedure: Pretrial, Trial And Appeal, Shirley Baccus-Lobel, Gary Alan Udashen

SMU Law Review

No abstract provided.

Personal Torts, Frank L. Branson

SMU Law Review

No abstract provided.

Clinical Legal Education And The U.C. Davis Immigration Law Clinic: Putting Theory Into Practice And Practice Into Theory, Kevin R. Johnson, Amagda Perez

SMU Law Review

No abstract provided.

Criminal Procedure—Crazy As I Need To Be: The United States Supreme Court's Latest Addition To The Incompetency Doctrine. Cooper V. Oklahoma, 116 S. Ct. 1373 (1996)., S. Christopher Thomason

University of Arkansas at Little Rock Law Review

No abstract provided.

Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

No abstract provided.

Goliath Davis: On The Road To Glory, Teresa D. Brown

USF Magazine Articles about USF St. Petersburg Campus

Profiles Goliath Davis, a longtime adjunct faculty member at University of South Florida St. Petersburg who has also served as a senior adviser for community affairs.

Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer

St. Thomas Law Review

This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.

Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

St. Thomas Law Review

This Commentary will explore some of the jurisprudential and practical issues by examining the nature of victims' rights and victimization. After a brief introduction to the history of victim's rights amendments in the United States, this Commentary will explore the images in the rhetoric that lead to unreflective support for victims' rights, then turn to images of justice and arguments for a particular kind of victims' rights, together with a critique of that vision. Finally, this Commentary suggests some alternative approaches and programs that promise to be more helpful to victims of crime than any constitutional amendment would be.

[Review Of] Peter C. Rollins And John E. O'Connor, Eds. Hollywood's Indians: The Portrayal Of The Native American In Film, Connie Jacobs

Ethnic Studies Review

Hollywood inherited conflicting myths of Native Americans: barbaric savages or "Noble Savage." Influenced by the latter romantic view, James Fenimore Cooper in print and George Catlin and Edward Curtis in art conveyed to an American public a portrait of a noble but vanishing race of America's first people. The dime store novels and Wild West shows of the late 1800s played with the dueling idea of a noble yet menacing Red Man, and Hollywood picked up this created myth of American Indians which, while ostensibly sympathetic, actually perpetuated stereotypes of a depraved and primitive race. Hollywood then packaged these images, …

[Review Of] Katheryn K. Russell. The Color Of Crime: Racial Hoaxes, White Fear, Black Protectionism, Police Harassment, And Other Macroaggressions, Calvin E. Harris

Ethnic Studies Review

Is Crime a problem or color or race? What about the question of disproportionality: Do blacks commit more crimes in proportion to their percentage of the total population? Does disproportionality, as one measure of crime statistics, tell the whole story? What is black protectionism? Probably the most critical question Russell raises is does a racial bias exist in the reporting of crime statistics in the United States? This is not the first time such an issue has been raised. These are among the major questions dealt with in The Color of Crime.

An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne

Fordham International Law Journal

They include the treatment of the issues of self-determination, consent, and the status of Northern Ireland in the Irish Constitution and in British constitutional legislation; the establishment of new democratic institutions in Northern Ireland on a partnership basis; the creation of formal new links between the two jurisdictions in Ireland through a North/South Ministerial Council and a number of related bodies exercising executive functions; and the development of wider connections within Britain and Ireland through a British-Irish Council involving the two governments and devolved institutions in Scotland, Wales, and Northern Ireland, as well as a continuing British-Irish Intergovernmental Conference. There …