Digital Commons Network^™

Avena & Other Mexican Nationals: The Litmus For Lagrand & The Future Of Consular Rights In The United States, Alan Macina

California Western International Law Journal

No abstract provided.

Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur

University of Florida Journal of Law & Public Policy

No abstract provided.

Viewbook- 2003, Admissions Staff

Student Handbooks

Student guide

Dying Twice: Incarceration On Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Dying Twice is an important report. The work is a collaboration between the Corrections Committee of the Association of the Bar of the City of New York, which I chaired, and the Committee on Capital Punishment of the Association chaired by Norman Greene. The working group that researched and wrote the report was drawn from members of both committees. The attorneys and the physician who served on the committee are wonderful, talented, dedicated people. It was a pleasure to work with professionals of this caliber on such an important effort. Dying Twice was endorsed as the position of the Association …

Update - January 2003, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Editorial
-- Of One Piece of Cloth: A Journey Discovering Personal and Social Ethics
-- Seventh-day Adventist, Social Policy, and Social Ethics
-- A Dream, the Way, and the Self
-- Seventh-day Adventist Call for Peace
-- Photos from the Contributors Convention . . .

The Lnternational Criminal Court And The U.S. War On Terrorism: Does It Help Or Hinder?, Alan R. Lewis

Brigham Young University Prelaw Review

No abstract provided.

2003 Aasu Softball Guide, Armstrong State University

Armstrong Athletics: Women's Softball Records (Archived)

No abstract provided.

Novel Issues, Futile Issues, And Appelate Advocacy: The Troubling Lessons Of Bousley V. United States., Henry J. Bemporad, Sarah P. Kelly

St. Mary's Law Journal

Bousley v. United States may require appellate attorneys to raise meritless claims in order to preserve them for habeas review in the event of a change in the law. Bousley is a habeas corpus case involving the “procedural default” doctrine. The doctrine states that a prisoner may only raise issues that have been adequately preserved, and if not preserved, they have defaulted on their claims. Bousley looked with critical hindsight at the decisions made by appellate counsel and punished the defendant for their lawyer’s failure to preserve an issue rejected by eleven courts of appeals—including the court before which the …

"Voluntary" Interviews And Airport Searchers Of Middle Eastern Men: The Fourth Amendment In A Time Of Terror, Tracey Maclin

UF Law Faculty Publications

No abstract provided.

Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton

Articles

No abstract provided.

Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker

Articles

No abstract provided.

Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker

Articles

No abstract provided.

Retrying Race, Anthony V. Alfieri

Articles

No abstract provided.

Trials And Tribulations: Science In The Law, Susan Haack

Articles

No abstract provided.

Police Discretion And Traffic Enforcement: A Government Of Men, Illya Lichtenberg

Cleveland State Law Review

Police across the nation have long been accused of using the broad discretion afforded to them in traffic enforcement as a pretext for criminal investigation. Despite this widely held belief, there is little evidence to suggest that courts have put forth any effort, or have even considered remedying or reducing the wide spread abuse of police discretion in traffic stops, with the exception of racial profiling. This Article addresses the apparent gap in the legal and social science literature concerning the unequal enforcement of traffic laws. How extensive do the police abuse the discretionary powers they are afforded in enforcing …

Nothing Less Than The Dignity Of Man: Evolving Standards, Botched Executions And Utah's Controversial Use Of The Firing Squad , Christopher Q. Cutler

Cleveland State Law Review

While outrage boils to the surface when Utah uses its firing squad option, there is little substantive legal development concerning the firing squad's use. Few cases have challenged the firing squad's constitutionality. This article discusses the legal and political implications of the firing squad. Using the Supreme Court's everdeveloping Eighth Amendment jurisprudence as a guide, this article discusses whether the firing squad, both historically and in its present application, passes constitutional muster. Beyond those factors that trigger constitutional protection, this article discusses those elements of the firing squad's use which define society's humanity and demonstrate our dignity. In the end, …

Two Theories Of Criminal Law, Richard H. Tur

SMU Law Review

No abstract provided.

Federal Habeas Corpus And Postconviction Claims Of Actual Innocence Based On Dna Evidence, J. Brent Alldredge

SMU Law Review

No abstract provided.

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Leslie Sara Hyman

SMU Law Review

No abstract provided.

Psychiatric Evidence On Trial, Joanmarie Ilaria Davoli

SMU Law Review

No abstract provided.

Unearthing Personal History: Autoethnography & Artifacts Inform Research On Youth Risk Taking, Diane Conrad

Journal of Social Theory in Art Education

I begin from the premise that research will always be affected by the subjectivity of the researcher, in the choice of research topic and in the interpretation of research findings. My study using Popular Theatre as a participatory, arts-based approach to exploring the risky experiences of youth was further informed by an autoethnographic investigation into my own experiences as a youth, an unearthing of my personal history through autobiographical writing and a (re)collection of artifacts from my youth. My arts-based methods adding a messiness to the research process and findings that reflects the complexity of the issues under investigation.

Comparison Of Education Level, Intelligence Quotient, And Higher Education Courses Of Individuals Who Commit Violent Crimes And Those Individuals Who Commit Nonviolent Crimes In Arkansas, W. Andranette Anderson-Blackwell

Theses and Dissertations

The purpose of this study was to examine and compare education levels, intelligence quotients, and college courses taken or are being taken by criminal offenders who commit violent versus nonviolent crimes. One hundred males and 100 females from the states' correctional facilities were used as the sample. The sample was stratified according to four characteristics: type of crime committed (violent or nonviolent), ethnicity, age, and gender. The null hypothesis tested in this study was that there is no statistically significant difference, at the 0.05 level, in the educational levels or intelligence quotients of criminal offenders as to age, ethnicity, gender, …

The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Young Offenders And Juvenile Delinquency In Canada: A Look At The Canadian Juvenile Justice Act (2003), Cameron D.M. Brody

Irish Journal of Applied Social Studies

This paper provides an evaluation and analysis of the laws in place to deal with juvenile delinquency in Canada. The primary focus of this paper is the Criminal Justice Act (Aprill, 2003) which is being introduced to replace the pre-existing Young Offenders Act. Canada's New Criminal Justice Act is the topic of this paper. The Act is to be implemented on April 1, 2003. Fundamentally, it is the old Young Offender Act revised and also includes new changes, revisions, and mandates. After having taken a fairly in-depth look at this new proposal, I will attempt to break it down and …

A Social Contract Between Students And The State: A Constitutional Analysis Of Florida Statutes Related To Mandatory Expulsion For Weapon Possession, Corporal Punishment And The Use Of Metal Detectors On Campus, Loula D. Giannet

St. Thomas Law Review

This article analyzes the constitutionality of various Florida statutes as they may be applied to curtail acts of violence on school grounds. Analyzed from a social contract theoretical perspective, the article first examines whether Florida's zero-tolerance policy regarding weapon possession in schools, which requires mandatory expulsion, comports with the Due Process Clause. Second, the article evaluates the relevant statutes pertaining to corporal punishment and the due process implications of this sanction. Third, the article explores the constitutional issues associated with the use of metal detectors on campus. Finally, the article briefly discusses whether the Double Jeopardy Clause precludes a subsequent …

The Myth Of Machismo: An Everyday Reality For Latin American Women, Patricia M. Hernandez

St. Thomas Law Review

This paper attempts to present a loose, culturally driven definition of machismo and how this cultural belief affects a woman's "place" in Latin America. With this, another aim is to present a view of the available statistics regarding battering in Latin America. Finally, it is necessary to correlate machismo with the available laws and the ineffectiveness of their application. It is important to also recognize that women's rights groups within Latin America have attempted to pursue certain new avenues to combat domestic violence. Furthermore, the international community has begun to analyze the benefits and consequences associated with the attempt to …

Semblances Of Sovereignty: The Constitution, The State, And American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223, Harvey Gee

St. Thomas Law Review

A major contribution to the contemporary thinking about immigration, citizenship, and assimilation is offered by Georgetown Law Center Law Professor T. Alexander Aleinikoff in his recent volume, Semblances of Sovereignty: The Constitution, the State, and American Citizenship. The book helps to advance the immigration debate and define what it means to be an American. Aleinikoff paints with broad theoretical strokes with academics in mind. Relying on theory, he asks readers to consider how the court has treated the issue of "citizenship" and how it has defined its boundaries and limitations. He also addresses the reasons why traditional notions of immigrant …

Due Process And Problem Solving Courts, Eric Lane

Fordham Urban Law Journal

This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.

Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin

Fordham Urban Law Journal

This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …

Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, American Bar Association

Hofstra Law Review

No abstract provided.