Digital Commons Network^™

"Failure To Communicate" - The Reel Prison Experience, Melvin Gutterman

SMU Law Review

No abstract provided.

Correlations Between Reading Achievement And Discipline Problems Among African-American Male Eighth Grade Students In The Little Rock School District, Deborah J. Price

Theses and Dissertations

The purpose of this study was to add to the body of existing knowledge regarding the relationship between academic achievement and discipline problems found in schools today. The study undertook to determine if there is a correlation between the behavior of African-American male students and their academic achievement. Specifically, it examines their achievement in reading and whether or not these students have experienced serious discipline problems at school. The sample was limited to African-American male students who are in the eighth grade during the 2001-2002 school year. These students must have attended a middle school within the Little Rock School …

Supreme Court Of Arkansas Rule 4-3(J): No-Merit Briefs In Arkansas And The Need To Amend The Rule, Jeffrey A. Weber

University of Arkansas at Little Rock Law Review

No abstract provided.

Relative Normativity: Challenging The Sovereignty Norm Through Human Rights Litigation, William J. Aceves

UC Law SF International Law Review

Since 1945, two developments in human rights law have challenged the dominion of the sovereignty norm. First, the international community has recognized the existence of competing human rights norms, some of which now compete with the sovereignty norm for primacy. Second, a diverse group of institutions has applied these norms to challenge the sovereignty norm by imposing civil and criminal liability on government officials when they commit human rights violations. This essay examines how the sovereignty norm has been challenged through human rights litigation. Two recent human rights cases. Filartiga v. Pena-Irala and Regina v. Bow Street Metropolitan Stipendiary Magistrate, …

Sovereignty, Territoriality, And The Rule Of Law, Joan Fitzpatrick

UC Law SF International Law Review

On November 13, 2001, President George W. Bush issued a Military Order in which he claimed power as Commander in Chief to detain indefinitely and to try, by ad hoc military commissions, persons designated by him as international terrorists. This Order represents a stunning claim to absolutist power and a rejection of any meaningful legal constraints on the treatment of the captives. The Order and the "War on Terrorism" on which it is premised challenge the most commonly accepted principles of post-Westphalian sovereignty: exclusive control over territory, noninterference, and equality among states.

The legal premise for the Order is the …

The International Convention On The Elimination Of All Forms Of Discrimination Against Women: A Comparison Of Its Implementation And The Role Of Non-Governmental Organisations In The United Kingdom And Hong Kong, Carole J. Petersen, Harriet Samuels

UC Law SF International Law Review

Although the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") was implemented in Hong Kong a full ten years after its enactment in the United Kingdom, evidence suggests that it is having a more practical impact in Hong Kong than in the United Kingdom largely because Hong Kong women's organizations are making more use of CEDAW in their current lobbying efforts. This article introduces CEDAW and its enforcement mechanisms, and compares its implementation in the two jurisdictions. The authors analyze the extent to which CEDAW is considered in public policy making, the extent to which the …

Rit Dividends Winter 2002

RIT Digital Archives

No abstract provided.

What Does The Future Hold For Drug Courts?, Nahama Broner, Caroline Cooper, Michael Jacobson, Juanita Bing-Newton, Deborah Small

Fordham Urban Law Journal

No abstract provided.

The Impact Of Problem Solving On The Lawyer's Role And Ethics, Judy Kluger, Pat Murrell, Jeffrey Tauber, Steven Zeidman, Alex Calabrese, Susan Hendricks

Fordham Urban Law Journal

No abstract provided.

Coerced Confessions And The Fourth Amendment, Michael J. Zydney Mannheimer

UC Law Constitutional Quarterly

Coerced confessions in State criminal prosecutions have been thought to implicate the Due Process Clause of the Fourteenth Amendment, as well as the Self-Incrimination Clause of the Fifth Amendment. However, pursuant to Graham v. Connor, if an interest is addressed by one of the specific clauses of the Bill of Rights that has been incorporated against the States, only the standards associated with that provision- and not the more generalized notions of Due Process- apply to a claim that the interest has been infringed. Accordingly, one might think that the law of coerced confessions is governed entirely by the Self- …

Minor Rights: The Adolescent Abortion Cases, Martin Guggenheim

Hofstra Law Review

This article focuses on two Supreme Court decisions (Planned Parenthood v. Danforth and Bellotti v. Baird) in which the Court redefined the entire conception of children's rights. The article suggests that the Supreme Court used a construct of children's constitutional "rights" to restrict the rights of children. By doing so, the Court decisively derailed an incipient children's rights movement that had the potential to liberate children from the dominion of adults. In Danforth, the Court considered for the first time the constitutionality of a state statute that contained a mandatory parental consent provision. The Court struck down that part of …

Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

Suspending The Pardon Power During The Twilight Of A Presidential Term, Gregory C. Sisk

Missouri Law Review

In January 2001, the singular executive power to grant official absolution was back in the public spotlight and on the scholarly roundtable with President Bill Clinton's last-minute pardons of or commutations granted to nearly two hundred people, several of which are difficult or impossible to justify.

International Computer Fraud: A Paradigm For Limiting National Jurisdiction, Ellen S. Podgor

Faculty Publications By Year

No abstract provided.

Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

The Ethics Of Evidence, J. Alexander Tanford

Articles by Maurer Faculty

Professor J. Alexander Tanford offers a unique perspective on the ethics of evidence, illustrated by examples of his own personal experiences as well as excerpts from film and literature. This Article is a must read for any litigator as it addresses the issue of where the line is to be drawn regarding evidence in the courtroom.

Prosecutorial Sentence Appeals: Reviving The Forgotten Doctrine In State Law As An Alternative To Mandatory Sentencing Laws, Christina N. Davilas

Cornell Law Review

No abstract provided.

The Craziest Reform Of Them All: A Critical Analysis Of The Constitutional Implications Of Abolishing The Insanity Defense, Daniel J. Nusbaum

Cornell Law Review

No abstract provided.

None Dare Call It Treason: The Constitutionality Of The Death Penalty For Peacetime Espionage, Ryan Norwood

Cornell Law Review

No abstract provided.

Reacting To Ashcroft V. Free Speech Coalition And The Burial Of The Cppa: An Argument To Regulate Digital Child Pornography Because It Incites Imminent Lawless Action, Justin Leach

Vanderbilt Journal of Entertainment & Technology Law

Part I discusses the nature and origin of digital child pornography and how child pornography has traditionally fit into First Amendment analysis. Part II discusses Congress' reaction to digital innovations in child pornography by passing the Child Pornography Prevention Act and, Part II further explains the federal appellate courts' treatment of the CPPA. Part III discusses the history and arguments made for each side in Ashcroft v. Free Speech Coalition. Part IV discusses the legal and constitutional analysis of the Supreme Court in striking down the regulations that banned digital child pornography. Finally, Part V makes an additional constitutional argument, …

Me And Muhammad, Michael Meltsner

Marquette Sports Law Review

No abstract provided.

"Old Testament Justice", Clifford S. Fishman

Catholic University Law Review

The Mirror of Justice award is given each year by the Pope John Paul II Guild of Catholic Lawyers. This Mirror of Justice Lecture was given March 26,2001.

Community Prosecution: A Revolution In Crime Fighting, Devin J. Doolan Jr.

Catholic University Law Review

No abstract provided.

Apprehension Of War Crimes Indictees: Should The United Nations' Courts Outsource Private Actors To Catch Them?, Mary Alice Kovac

Catholic University Law Review

No abstract provided.

The Plenary Power Doctrine: Subverting Human Rights In The Name Of Sovereignty, Natsu Taylor Saito

Catholic University Law Review

No abstract provided.

The Death Penalty: Can It Be Fixed?, Kenneth Williams

Catholic University Law Review

No abstract provided.

Now You Have It, Now You Don't: The Sixth Amendment Right To Counsel After Texas V. Cobb, Angela Henson

Catholic University Law Review

No abstract provided.

The Removal Of Aliens Who Drink And Drive: Felony Dwi As A Crime Of Violence Under 18 U.S.C. § 16(B), Julie Anne Rah

Fordham Law Review

No abstract provided.

Once More Unto The Breach: The Inherent Liberalism Of The Criminal Law And Liability For Attempting The Impossible, John Hasnas

UC Law Journal

This Article provides a comprehensive re-analysis of one of the thorniest problems of criminal jurisprudence: when it is proper to convict a defendant who has attempted the impossible. Professor Hasnas begins by demonstrating that, contrary to received academic and judicial opinion, the common law defense of impossibility to a charge of attempt is both well-grounded and perfectly intelligible, being capable of accurate expression in a single sentence. He then accounts for the confusion regarding the defense by showing how the early courts that applied it were saying one thing while doing another, and how commentators and subsequent judges became misled …

Long On Substance, Short On Process: An Appeal For Process Long Overdue In Eyewitness Lineup Procedures, Michael R. Headley

UC Law Journal

Eyewitness identifications play an important role in the criminal justice system. However, the procedures surrounding these identifications are fraught with potential for error, and the Supreme Court has recognized the "vagaries of eyewitness identification." Over the past thirty years, researchers have established a considerable body of evidence demonstrating that simultaneous lineup procedures result in greater error than sequential lineups. Nevertheless, most law enforcement agencies persist in utilizing the simultaneous lineup procedure. This Note argues that the Due Process Clause mandates the implementation of sequential lineups on the basis of both a moral and an historical reading of the phrase "due …