Digital Commons Network^™

Marshaling Mapp: Justice Tom Clark's Role In Mapp V. Ohio'S Extension Of The Exclusionary Rule To State Searches And Seizures, Dennis D. Dorin

Case Western Reserve Law Review

No abstract provided.

Preventing The Tail From Wagging The Dog: Why Apprendi'S Bark Is Worse Than Its Bite, Robert S. Lewis

Case Western Reserve Law Review

No abstract provided.

The Sporting Approach To Harmless Error: The Supreme Court's "No Harm, No Foul" Debacle In Neder V. United States, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez

Articles

No abstract provided.

$10 And A Denim Jacket--A Model Statute For Compensating The Wrongly Convicted, Alberto B. Lopez

Articles

No abstract provided.

Focusing The Reparations Debate Beyond 1865 Book Review, Alberto B. Lopez

Articles

No abstract provided.

Reconceptualizing Federal Habeas Corpus For State Prisoners: How Should Aedpa's Standard Of Review Operate After Williams V. Taylor, Adam N. Steinman

Articles

No abstract provided.

Striking A Sincere Balance: A Reasonable Black Person Standard For "Location Plus Evasion" Terry Stops, Mia Carpiniello

Michigan Journal of Race and Law

Randall Susskind originally proposed the "reasonable African American standard” for Terry stops as a way to minimize racial disparities in Fourth Amendment jurisprudence. This paper will expand upon Susskind's suggested standard within the specific context of "location plus evasion" stops, in which suspects are stopped upon flight in a high-crime neighborhood. Part one will present the reasonable Black person standard in the context of Illinois v. Wardlow, a recent "location plus evasion case." Part one will then show how this alternative standard better accounts for Wardlow's "raced" decision to flee, the police officers' "raced" decision to stop him, and …

A Social-Democratic Critique Of Pro Bono Publico Representation Of The Poor: The Good As The Enemy Of The Best, Rob Atkinson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

United States V. Morrison 529 U.S. 598 (2000), Ambre Howard

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The International Criminal Court: Current Issues And Perspectives, Philippe Kirsch Q.C.

Law and Contemporary Problems

The creation of a permanent international criminal court (ICC) has been seen as a desirable objective for a long time, but its implementation is hampered by controversy. Proponents of the court believe that the ICC has great potential to render justice in cases of genocide, war crimes, and crimes against humanity, and to deter the future perpetration of those crimes. Skeptics question the wisdom of placing the power to adjudicate highly politically charged cases into the hands of an international tribunal.

High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris

Law and Contemporary Problems

The dilemma underlying the debate about the International Criminal Court's jurisdiction over non-party nationals stems primarily from the conflicting needs for the ICC to have sufficient jurisdictional powers to bring to justice perpetrators of genocide, war crimes, and crimes against humanity, and simultaneously, for states to retain appropriate discretion regarding methods of dispute settlement when the lawfulness of their official acts is in dispute.

The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Law and Contemporary Problems

Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.

International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau

Law and Contemporary Problems

Lietzau argues that the US cannot support the International Criminal Court because it fails to recognize its unique responsibilities in the world when issues of international peace and security are involved. The changes sought by the US in the Rome Statute of the International Criminal Court should be implemented not just because US participation is key to an effective, functioning court, but because enacting them promotes the rule of law and is therefore the right thing to do.

The International Criminal Court: Possibilities For Prosecutorial Abuse, Alfred P. Rubin

Law and Contemporary Problems

The attempt to create an international criminal court assumes that in all important ways the international legal order is similar to the municipal legal orders with which US citizens are familiar, but with regard to the criminal law, that assumption is simply not true. Rubin discusses two potential fundamental discrepancies between the international legal order and an hypothesized "typical" municipal legal order as would exist under the current statute for the International Criminal Court.

The Risks And Weaknesses Of The International Criminal Court From America’S Perspective, John R. Bolton

Law and Contemporary Problems

Bolton argues the US should raise its objections to the International Criminal Court (ICC) on every appropriate occasion, as part of its larger campaign to assert American interests against stifling, illegitimate, and unacceptable international agreements. The US has many alternative foreign policy instruments to utilize that are fully consistent with US interests, leaving the ICC to the obscurity it richly deserves.

The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney

Law and Contemporary Problems

McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.

The Irresolution Of Rome, Ruth Wedgwood

Law and Contemporary Problems

Wedgwood argues that it would be a pity to allow international misjudgment of the long-term security environment to generate a disregard for the constructive tasks of American military power, and fatally hobble shared support for an effective criminal tribunal. American Senators and military leaders--and the American public--will want to see how the International Criminal Court works in practice before considering the possibility of full ratification and formal membership. If this "look-over" period is not safe, the advocates seeking a "war on the court" may win the day.

A Drug By Any Other Name Is Still A Drug: Why The Florida Judiciary Should Start Treating Dui As Any Other Drug Offense, Gail Sasnett-Stauffer, E. John Gregory

University of Florida Journal of Law & Public Policy

No abstract provided.

Give Me Liberty Or Give Me Deportation: The Indefinite Detention Of Non-Removable, Criminal Aliens, Stacy J. Borisov

University of Florida Journal of Law & Public Policy

No abstract provided.

Annual Report Of The President, 2000-2001, Molloy University Archives And Special Collections

Annual Reports of the President

This item is an annual report published by the Office of the President in 2001, detailing the 2000-2001 academic year. It provides summaries of institutional changes, achievements of the students, faculty and staff, as well as an overview of the past academic year's events.

Vantage Point - Show Notes - 2001, David Unumb

Vantage Point Documents

No abstract provided.

A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin

Vanderbilt Journal of Transnational Law

This Note examines international criminal tribunals and analyzes the factors that can govern the level of their effectiveness. The historical background in this area is essential, for one of the main points of the Note is that international criminal tribunals cannot be detached from the political circumstances that create them and enforce their verdicts if those verdicts are to be enforceable at all.

The Note begins with an analysis of the International Military Tribunal at Nuremberg, and compares it to its contemporary counterpart, the International Military Tribunal at Tokyo. The Note then makes a similar analysis of the recent International …

2000 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2000., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

A Critique Of The Marital Privileges: An Examination Of The Marital Privileges In The United States Military Through The State And Federal Approaches To The Marital Privileges, Kimberly A. Connor

Valparaiso University Law Review

No abstract provided.

The American Army In The Balkans: Strategic Alternatives And Implications, Steven Metz Dr.

Books, Monographs & Collaborative Studies

U.S. strategy in the Balkans and the Army's role there is examined. The author recommends continued U.S. involvement, consideration of a long-term American military presence in the region, and some significant changes in role of the U.S. Army. The goals that led the United States into the Balkans have not yet been fully met. To do so requires both sustained involvement in that region and a continued refinement at the Army's peace operations capabilities. From a broader perspective, he argues that, if U.S. political leaders decide that involvement in protracted peace operations will be an enduring part of American strategy, …

Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried

Faculty Scholarship

DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.

At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic …

The Impact Of Unmediated Document Delivery On Faculty Use Of Traditional Interlibrary Loan At Wichita State University, Kathy A. Downes, Ted Naylor

University of Nebraska-Lincoln Libraries: Faculty Publications

In these times of growing journal prices and shrinking budgets, alternative methods of information access are a necessity. Document delivery services have become an important alternative to providing information access beyond traditional interlibrary loan services. This article analyzes the effect the "unmediated" EbscoDoc document delivery service had on traditional interlibrary loan in a medium sized academic library. Access to the service was provided to faculty members at Wichita State University for a period of approximately two years. Use of the service varied from faculty members who ordered one article to the "super" users who ordered from 100 to 400 documents. …

Lessons Learned By Opening And Operating An Independent Restaurant: A Case Study, Robert Geiger

Theses

This case study looks at what it takes to create a start-up business in the restaurant industry; with the intention to find out what pitfalls and potential mistakes an individual should be aware of in order to have a successful operation. The details are based on the researchers' education, industry experience, and other people's research and knowledge that are found throughout the restaurant industry. This case study will help others understand what to expect when opening a new restaurant, and possibly some challenges that could be avoided when creating their own restaurant. There are lessons to be learned from this …

Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey

Articles

A number of jurisdictions have fastened onto a "solution" that appears to reconcile respect for refugee law with the determination of states to rid themselves quickly of potentially violent asylum seekers. Courts in these states have been persuaded that a person who has committed or facilitated acts of violence may lawfully be denied a refugee status hearing under a clause of the Refugee Convention that authorizes the automatic exclusion of persons whom the government reasonably believes are international or extraditable criminals. Refugee law so interpreted is reconcilable with even fairly blunt measures for the exclusion of violent asylum seekers. In …