Digital Commons Network^™

Aiming For Accountability: How City Lawsuits Can Help Reform And Irresponsible Gun Industry, Rachana Bhowmik

Journal of Law and Policy

No abstract provided.

Addressing Ex-Felon Disenfranchisement: Legislation Vs. Litigation, Martine J. Price

Journal of Law and Policy

No abstract provided.

European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

Part I of this Article discusses the rising number of extradition requests by the United States, the common grounds for denial of extradition, and the controversies that such denials have aroused. Part II examines Soering v. United Kingdom against this background and analyzes its scholarly reception, influence on international and foreign jurisprudence, and lack of effect in the United States. Part III explores the implications of SOERING for defenses to extradition based on prison conditions: whether prison conditions in the United States could conceivably rise to the level of a human rights violation, whether the European Court of Human Rights …

On Apology And Consilience, Erin O'Connor

Vanderbilt Law School Faculty Publications

This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.

2002-2003 Graduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

Academic catalog for Armstrong State College.

The Future Of Civil Rights: A Dialogue, Margaret E. Montoya

Faculty Scholarship

Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny

Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer

Faculty Publications

Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …

Speaking Rights: Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Faculty Publications

The Arizona Supreme Court endorsed the objective that jury trials "allow for a more demo­cratic juror experience" and "are more educational and less adversarial" and urged judges and trial attorneys to be "open to doing some old things in new ways, to be more receptive to the jurors' needs to learn better and to actively par­ticipate to a greater degree in the fact-finding process. Acting on 55 recommendations of its Committee on the More Effective Use of Juries, the court enacted new rules. But one reform--permitting jurors in civil cases to discuss the evidence among themselves before final delib­erations--proved to …

The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Times may or may not be changing for gay people in the criminal justice system--and for the import of sexual orientation in criminal law. It depends on the nature of the case and, more importantly, exactly whose sexual orientation we are talking about.

Signs of positive change include the recent high profile Matthew Shepard and Diane Whipple cases, in which gay and lesbian homicide victims were mourned not only by the gay community, but also by the entire country. It was no doubt helpful that both Shepard and Whipple presented very appealing images of gay people: each was young, attractive, …

Professional Discipline For Law Firms? A Response To Professor Schneyer’S Proposal, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Model Rule of Professional Conduct 5.1(a) requires individual partners to make "reasonable efforts" to ensure that their firm has measures in effect that give "reasonable assurance" that all lawyers in the firm conform to ethical rules. Similarly, Model Rule 5.3(a) imposes upon individual partners the obligation of making "reasonable efforts" to ensure that the firm has measures in place giving "reasonable assurance" that the conduct of non-lawyers affiliated with the firm is compatible with the partner's professional obligations. These rules were adopted to encourage firms to create firm cultures and institute prophylactic policies and procedures--an "ethical infrastructure"--that would prevent misconduct …

Faith And Funding: Toward An Expressivist Model Of The Establishment Clause, David Cole

Georgetown Law Faculty Publications and Other Works

This article seeks to provide an alternative to the polarization that so often characterizes debates about church and state. In Part I, the author suggests that there are good policy reasons for supporting faith-based initiatives, and that these reasons ought to be attractive to liberals and progressives, many of whom have opposed faith-based initiatives. Faith-based social services are, after all, social services, and are often the very types of welfare services that liberals and progressives tend to support. Core religious values--in particular, concern about the less fortunate, a belief in human dignity, and a commitment to the possibility of redemption--reinforce …

Celebrating The 200th Anniversary Of The Federal Courts Of The District Of Columbia, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

February 27, 2001 marked the 200th anniversary of the Federal Courts of the District of Columbia, the courts we know today as the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia. The history of these courts is interesting, albeit somewhat confusing; their names changed no fewer than six times since their creation. Indeed, from 1863 until 1893, the two courts were joined and called the Supreme Court of the District of Columbia. Because of their location in the nation's capital and their unusual dual jurisdiction as both …

Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan

Faculty Publications

No abstract provided.

The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part Ii, H. Patrick Furman

Publications

This two-part article reviews the constitutional and statutory right to a speedy trial and discusses the case law interpreting that right. The first part was printed in July 2002.

See Part I at http://scholar.law.colorado.edu/articles/550/.

The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part I, H. Patrick Furman

Publications

This two-part article discusses the constitutional right to a speedy trial and the basics of the speedy trial statute.

See Part II at http://scholar.law.colorado.edu/articles/551/.

Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi

Publications

No abstract provided.

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Faculty Publications

No abstract provided.

E Pluribus Unum: The Aftermath Of September 11, Gerard V. Bradley

Journal Articles

September 11 forged an American unity not seen since Pearl Harbor. We shelved our political differences, put the culture war on simmer, and lost interest in celebrity scandal (think of Gary Condit). Americans rallied behind our Commander-in-Chief, and we agreed that our lives would never be the same. America’s vacation from history had ended, and we had forever lost our innocence and our perceived immunity from harm. When our Commander-in-Chief said that a return to “normalcy” would deny Bin Laden his victory, we rallied behind that, too.

The Relationship Between Sex Role Stereotypes, Domestic Violence Training, History Of Law Enforcement Involvement, And Law Enforcement Officer's Perceptions Of A Domestic Violence Incident, Kristen M. Schuch

Masters Theses

This study examined how police officers perceptions of a domestic violence situation are influenced by sex role stereotypes, domestic violence training and history of police intervention. Participants were police officers employed in sheriff's departments or city police departments. Officers received several surveys and a vignette describing a domestic violence scene. Officers were given one of two vignettes, one describing a situation in which there have been previous calls to the address and one in which this is the first call and were then asked several questions to assess their perceptions. Sex role stereotypes were assessed using the Sex Role Egalitarianism …

Course Schedule Spring 2002, William & Mary Law School

Course Information

No abstract provided.

Admissions Brochure 2002-2003, William & Mary Law School

Admissions Brochures

No abstract provided.

The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny

American Indian Law Review

No abstract provided.

Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki

Faculty Articles

LatCrit VII, held May 2-5, 2002, in Portland, Oregon, adopted the theme Coalitional Theory and Praxis: Social Justice Movements and LatCrit Community. The conference's opening roundtable set an activist tone by centering within LatCrit discourse several progressive movements for sociopolitical transformation existing in academia and beyond. This article embraces the conference theme as an opportunity to examine and compare the LatCrit scholarly movement with those beyond academia, particularly current and past sociopolitical movements originating in Latina/o communities.

Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak

Faculty Articles

Early this year, the Inter-American Court of Human Rights in San Jose, Costa Rica, was faced yet again with a seemingly basic question: Does an individual have a legal right to know the truth about the circumstances surrounding the serious human rights violations a loved one has suffered? One might expect to encounter such a privilege in our victim centered system of international human rights protection-especially within the progressive jurisprudence of the Inter-American Court. Yet, it is simply not to be found as a substantive, explicit right. This essay seeks to explore the origins, scope, and key possibilities of an …

The Legitimacy Of Amnesties Under International Law And General Principles Of Anglo-American Law, Ronald Slye

Faculty Articles

This article discusses what makes an amnesty legitimate. The author does this by evaluating amnesties in light of international law critiques of amnesties for human rights violations and from principles of both Anglo-American and international law. First, the author breaks the international law critiques into three schools: the obligation to prosecute, the fundamental rights of victims, and the social stability. From these schools, the author derives principles to evaluate the legitimacy of amnesties. After establishing that the doctrine of non bis in idem is not a barrier to evaluating the legitimacy of foreign amnesties, the author selects areas of law …

Undeserving Addicts: Ssi/Ssd And The Penalties Of Poverty, Dean Spade

Faculty Articles

Since the late 1980's, American media and politicians have produced and participated in a moral panic around the issue of illegal drug use. This panic has generated vivid pictures in the American imagination of drug users as a morally depraved, irresponsible, and willfully criminal underclass. Such images have fueled the "war on drugs," a multi-faceted rhetoric and policy approach to drug use that focuses on incarceration, interdiction, and other criminal justice strategies. The punitive approach of the war on drugs has bled into poverty and disability policy with alarming persistence. The trend has influenced numerous poverty alleviation and disability programs …

The Progress Of Passion, Kathryn Abrams

Michigan Law Review

Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal …

The Cultural Life Of Capital Punishment: Surveying The Benefits Of A Cultural Analysis Of Law, Reviewing Austin Sarat, 'When The State Kills: Capital Punishment And The American Condition', Paul Schiff Berman

GW Law Faculty Publications & Other Works

Austin Sarat's 'When the State Kills' seeks to explore the interrelationship between capital punishment and American culture. Utilizing scholarly approaches drawn from sociology, literary criticism, cultural studies, and political science, Sarat illuminates the ways in which the official legal regime of capital punishment creates, reflects, and reinforces broader cultural attitudes about crime and punishment. Moreover, he argues that the destructive long-term cultural consequences of the death penalty provide a reason for abolition over and above any criminological or doctrinal arguments against the practice.

Thus, 'When the State Kills' not only offers a powerful intervention in the ongoing death penalty debate, …

Unlawful Linking: First Amendment Doctrinal Difficulties In Cyberspace, Mark Deffner

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith

American University Journal of Gender, Social Policy & the Law

No abstract provided.