Digital Commons Network^™

The Intersection Of Two Systems: An American On Trial For An American Murder In The French Cour D'Assises, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This study discusses a murder case in France's trial court for the most serious crimes, the Cour d'assises. The case was highly unusual because the person on trial was an American, accused of having murdered other Americans in the United States. For reasons given below, cases in which crimes committed in the United States are tried abroad are likely to become more common. This study describes how such a case proceeds, including some of the difficulties that can arise from combining two investigations controlled by very different systems of procedure. An advice section is given for American prosecutors and defense …

The Long Lingering Shadow: Law, Liberalism, And Cultures Of Racial Hierarchy And Identity In The Americas, Robert J. Cottrol

GW Law Faculty Publications & Other Works

This is an Article on race relations and comparative legal history. It contrasts the law of race and slavery in three Latin American nations, Brazil, Colombia, and Venezuela, with the parallel history in the United States. The Article examines the Afro-Latin experience as a critical issue in its own right and as a way to better inform our discussion of racial hierarchy, identity, and legal remedy in the United States. This Article examines the paradoxical role played by liberal legal and cultural norms in the United States. It shows how liberalism helped create a system of castelike separation between black …

Fear Of Oversight: The Fundamental Failure Of Businesslike Government, Steven L. Schooner

GW Law Faculty Publications & Other Works

This article discusses the National Performance Review's (NPR's) broad-reaching effort to reinvent government by making it more businesslike, focusing on its successful effort to reform the Federal procurement process. The article shows that the reformed system couples greatly increased buyer discretion with dramatically reduced oversight of government spending - both internal and external. This article asserts that this combination erodes the public's confidence in the procurement system, violates established norms, and is antithetical to a host of Congressional mandates and policies. More particularly, the article provides empirical evidence of the dramatic, sustained reduction in government contract related litigation during the …

Telling A Less Suspicious Story: Notes Toward A Non-Skeptical Approach To Legal/Cultural Analysis, Paul Schiff Berman

GW Law Faculty Publications & Other Works

In the generation of law and society research that emerged with the formation of the Law and Society Association, sociolegal scholars, building on the Legal Realist attack on formalism, told a story primarily about the possibility of social progress through law. Over the past two decades, however, sociolegal scholars have become increasingly disenchanted with the reformist project. These writers, influenced by Michel Foucault and other postmodern theorists, have begun to see law not as an instrument for dispensing justice, but as a constitutive societal force shaping social relations, constructing meaning, and defining categories of behavior. As part of the move …

The Long Lingering Shadow: Law, Liberalism, And Cultures Of Racial Hierarchy And Identity In The Americas, Robert J. Cottrol

GW Law Faculty Publications & Other Works

This is an article on race relations and comparative legal history. It contrasts the law of race and slavery in three Latin American nations, Brazil, Colombia, and Venezuela, with the parallel history in the United States. The article examines the Afro-Latin experience as a critical issue in its own right and as a way to better inform our discussion of racial hierarchy, identity, and legal remedy in the United States. This article examines the paradoxical role played by liberal legal and cultural norms in the United States. It shows how liberalism helped create a system of castelike separation between black …

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Defending Humanity, Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Our Better Half: A Public Interest Lawyer Reflects On Pro Bono Lawyering And Social Change Litigation, Martha F. Davis

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Redefining Violence: Some Thoughts About Justice, Power, Peace, Respect, And The Fabric Of Our Social Experience , Sharon S. Harzenski

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross

Articles

In Lonnie Weeks's capital murder trial in Virginia in 1993, the jury was instructed: If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt, either of the two alternative aggravating factors], and as to that alternative you are unanimous, then you may fix the punishment of the defendant at death or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at life imprisonment ... This instruction is plainly ambiguous, at least to a lay audience. Does it mean that if the …

The State Of Utah V. Ben J. Wauneka : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is an appeal from a jury verdict of guilty of Manslaughter in the Third Judicial District, in and for Salt Lake County, State of Utah, the Honorable Peter F. Leary, presiding.

The State Of Utah V. Dennis G. Kazda : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a jury verdict of guilty in Third District Court, in and for Salt Lake County, State of Utah, the Honorable Jay E. Banks presiding.

Juror's Perception Of Recovered Memory, Type Of Trauma And Adult Witness Demeanor, Donna Marie Vigilante

UNF Graduate Theses and Dissertations

College students judged the testimony in a civil trial in which a childhood memory had been recovered after 20 years. Participants were 108 students (n = 79 female and 29 male) enrolled in undergraduate psychology courses. The design was a 2 X 2 X 2 between subjects factorial design which investigated effects of the type of incident (sexual abuse/hit-and-run), how the memory was recovered (therapy/wedding), and type of testimony (assertive/emotional). The study determined that mock jurors were likely to perceive the plaintiff's testimony as credible when she testified she was sexually abused as a child rather than when she was …

Defining Proof Beyond A Reasonable Doubt For The Criminal Jury: The Third Circuit Accepts An Invitation To Tolerate Constitutionally Inadequate Phraseology, Melissa Corwin

Villanova Law Review (1956 - )

No abstract provided.

Running From Rampart, Stanley A. Goldman

Loyola of Los Angeles Law Review

No abstract provided.

Different Worlds, Different Realities, David P. Leonard

Loyola of Los Angeles Law Review

No abstract provided.

A Pack Of Wild Dogs: Chew V. Gates And Police Canine Excessive Force, Mark Weintraub

Loyola of Los Angeles Law Review

No abstract provided.

Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

The Effect Of A Jail-Based Substance-Abuse Program On Anxiety, Depression, And Locus Of Control, Peggy Leigh Frick

Dissertations

Problem. More and more alcohol and drug users are coming into contact with the criminal justice system. Some of these individuals may have comorbid mental health issues. This present study sought to determine whether the New Avenues Substance Abuse Treatment Program, housed at the Correctional Work Center, Davidson County, Tennessee, did, in the course of treatment, have an impact on the anxiety, depression, and locus of control of those individuals completing the program.

Method. The Beck Depression Inventory-II, the Beck Anxiety Inventory, and the Rotter Internal versus External Control of Reinforcement Scale were utilized to measure depression, anxiety, and locus …

A Study Of The Relationship Between Police Stress And Moral Reasoning, Coping Mechanisms, And Selected Demographic Variables, Harvey J. Burnett

Dissertations

Problem. Past research provides information on stress and its relationship to the law enforcement officer's coping mechanisms. However, there is no research on how the element of moral reasoning relates within the conceptual framework of Police stress and coping. This present study investigated the relationship between police stress and moral reasoning, coping mechanisms, and selected demographic variables among police officers.

Method. The subjects for this study were 71 full-time certified law enforcement officers in Berrien, Cass, and Van Buren counties of Michigan. A brief demographic questionnaire was utilized, followed by the Police Stress Survey (PSS), the Defining Issues Test …

The Effects Of Expectancy Disconfirmation On Outcome Satisfaction In Police-Citizen Encounters, Michael D. Reisig, Meghan S. Stroshine

Social and Cultural Sciences Faculty Research and Publications

This study tests the expectancy disconfirmation model using survey data from citizens who recently had police encounters. We find support for the expectancy disconfirmation model's primary hypothesis that increased disparity between expectations of police performance and actual service inversely affects citizen satisfaction with the way the police handle encounters. This finding persists for both voluntary (e.g. breaking and entering victims) and involuntary (e.g. traffic citations) police encounters. Our results also suggest that the scope of the expectancy disconfirmation model is limited. For example, the disparity between expectations and actual service is not correlated with citizen satisfaction with the police in …

Sentencing Eddie, Gerard E. Lynch

Faculty Scholarship

The mandatory minimum sentences attached to federal narcotics violations have come in for plenty of criticism. The United States Sentencing Commission in 1991 submitted a lengthy report critical of the mandatory minimum provisions. A political protest organization, Families Against Mandatory Minimums, has been formed, and has gotten some media attention. Newspaper columnists,professional commentators, judges, and academics, have criticized the statutes. Amidst the controversy over President Clinton's last-minute pardons of various offenders, his pardons of a number of marginal defendants sentenced to lengthy terms under these statutes have drawn little or no objection. Even Chief Justice Rehnquist, a strong voice for …

Joel Feinberg On Crime And Punishment: Exploring The Relationship Between The Moral Limits Of The Criminal Law And The Expressive Function Of Punishment, Bernard Harcourt

Faculty Scholarship

When I was originally approached to participate in this Symposium on the work and legacy of Joel Feinberg, I immediately began thinking about the influence of his essay The Expressive Function of Punishment on contemporary criminal law theory in the United States. That essay has contributed significantly to a growing body of scholarship associated with the resurgence of interest inexpressive theories of law. In the criminal law area, the expressivist movement traces directly and foremost to Feinberg's essay. As Carol Steiker observes, "Joel Feinberg can be credited with inaugurating the "expressivist" turn in punishment theory with his influential essay, The …

Guns, Crime, And Punishment In America, Bernard E. Harcourt

Faculty Scholarship

There are over 200 million firearms in private hands in the United States, more than a third of which are handguns. In 1993 alone, it is estimated that 1.3 million victims of serious violent crime faced an offender with a gun. In 1999, there were approximately 563,000 such victims. Estimates of defensive uses of firearms – situations where individuals used a gun to protect themselves, someone else, or their property – range from 65,000 to 2.5 million per year. Punishments for crimes committed with a firearm are severe: under the federal firearms enhancement statute, the mandatory minimum sentence for use …

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than …

Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Essay examines the contours of what I have elsewhere called the new constitutional order with respect to international human rights and federalism. The background is my suggestion that the U.S. political-constitutional system is on the verge of moving into a new constitutional regime, following the end of the New Deal-Great Society constitutional regime. The Supreme Court's innovations in the law of federalism in connection with Congress's exercise of its powers over domestic affairs has provoked speculation about the implications of those innovations for the national government's power with respect to foreign affairs. Most of the speculation has been that …

Cupola, 2001, Western New England College

Yearbooks

Western New England University was founded in 1919 as the Springfield Division of Northeastern University. The senior yearbooks bore the name of Northeastern University in some way until 1953. The yearbook was given its present day title, The Cupola, in 1961. Yearbooks contain photos of graduating seniors, campus events, student clubs and organizations, faculty and staff, athletic teams and events, and other memorable occasions from the academic year.

Fatal Attraction? The Uneasy Courtship Of Brady And Plea Bargaining, John G. Douglass

Law Faculty Publications

Part I of this Article discusses the natural attraction between Brady-a rule requiring disclosure of evidence favorable to a defendant-and plea bargaining-a practice where such information is at a premium for defendants. Part II describes how an increasing number of courts have adapted Brady to fit in the world of a plea bargain, in the process changing Brady's point of reference from the jury's verdict to the defendant's tactical decision to plead guilty. Part ill argues that this change in focus narrows Brady's substantive coverage and renders the rule practically unenforceable following most guilty pleas. Part IV then assesses the …

Black Women At The Intersection Of Race, Gender, And Class: How These Issues Affect Our Lives And How We Deal With Them, Lael E. Washington

Cal Poly Humboldt theses and projects

A number of prominent black feminist writers including bell hooks (1990), Audre Lorde (1984), Angela Davis (1998), and Deborah King (1995) discuss “multiplicity” or “intersectionality.” These terms describe the concept that black women in the United States do not simply experience the effects of race plus gender plus class; rather, black women deal with racism multiplied by sexism multiplied by classism. Similarly, black women are socially located at the intersection of race, class, and gender. In this study, I focus on how racism and sexism impact black women’s lives. In an open-ended survey, I asked 14 black women about their …