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The New Federalism, The Spending Power, And Federal Criminal Law, Richard W. Garnett

Journal Articles

It is difficult in constitutional-law circles to avoid the observation that we are living through a revival of federalism. Certainly, the Rehnquist Court has brought back to the public-law table the notion that the Constitution is a charter for a government of limited and enumerated powers, one that is constrained both by that charter's text and by the structure of the government it creates. This allegedly revolutionary Court seems little inclined, however, to revise or revisit its Spending Power doctrine, and it remains settled law that Congress may disburse funds in pursuit of ends not authorized explicitly in Article I …

Retribution: The Central Aim Of Punishment, Gerard V. Bradley

Journal Articles

When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand required …

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett

Journal Articles

Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October …

The Virtues And Vices Of Solidarity: Regulating The Roles Of Lawyers For Clients Accused Of Terrorist Activity, Peter Margulies

Maryland Law Review

No abstract provided.

Glover V. State: A Misinterpretation And Misapplication Of The Barker Speedy Trial Balancing Test Results In The Weakening Of A Criminal Defendant's Right To A Prompt Trial, Christopher S. Elmore

Maryland Law Review

No abstract provided.

An Open Debate On United States Citizens Designated As Enemy Combatants: Where Do We Go From Here?, Michael Beattie, Lisa Yonka Stevens

Maryland Law Review

No abstract provided.

Characteristics And Follow-Up Of Adult Female Victims Of Recent Sexual Assault, Anita Boykins

Theses and Dissertations (ETD)

No abstract provided.

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Scholarship@WashULaw

Law school clinics play an important role in training future lawyers and in providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty are often confronted with ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework …

Due Process - Prosecutorial Implications Of A Victim's Rightr To Be Heard: Court Upholds Victim's Right To Be Heard At Important Criminal Justice Hearings, Gina Warren

Faculty Scholarship

In State v. Casey, the Supreme Court of Utah was presented with questions regarding a victim's right to be heard at a change of plea hearing and standing to appeal an adverse ruling in relation to his right to be heard, as well as the appropriate form of notification and invocation of such rights. By relying heavily on the plain language of the Victims' Rights Amendment of the Utah Constitution, the Utah Victims' Rights Act and the Utah Rights of Crime Victims Act, the court held that the victim: "(1) had the right to appeal the district court's rulings …

Inquiry And Advocacy, Fallibilism And Finality: Culture And Inference In Science And The Law, Susan Haack

Articles

No abstract provided.

Toward A Coherent Approach To Tort Immunity In Judicially Mandated Family Court Services, Nat Stern, Karen Oehme

Kentucky Law Journal

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions - Proceedings, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

Now, you would think that I was as old as dirt after listening to that introduction. Well, the truth is, I am as old as dirt. And I told Paul Quander that we are both as old as dirt.

First, I want to thank Arlene for inviting me. Many, many months ago Arlene called and asked me if I would speak at this symposium on mental health in correctional institutions.

Engendering Hate Crime Policy: Gender, The "Dilemma Of Difference," And The Creation Of Legal Subjects, Valerie Jenness

Journal of Hate Studies

Nearly six years after two women were bound and gagged and had their throats slit while camping and hiking in Shenandoah National Park, U.S. Attorney General John D. Ashcroft held a historic nationally televised press conferenceon April 11, 2002 to announce that the U.S. Justice Department invoked the federal hate crimes statute for the first time to charge the alleged murderer with hate crime. In announcing the indictment, Ashcroft spoke at length about his meeting with the parents of the victims and about the lives and characters of the young women: two Midwesterners who migrated to New England, met and …

Preface, Jerri Shepard

Journal of Hate Studies

There are many people who would rather not look at the issue of hate, and cannot understand why there is a need for an Institute for Action Against Hate. In the struggle to combat hate, it must be identified—and named for what it is—before it can be prevented. Gonzaga University’s Institute for Action Against Hate was founded in 1998 with the purpose of fighting hate through education, research, and advocacy. Its genesis derived from concerns surrounding the apparent increase in the phenomenon of hate—especially racial and religious hate—as it manifested itself on campuses and in communities throughout the country. The …

Corpus Callosum Abnormalities In Psychopathic Antisocial Individuals, Joseph B. Hellige

Psychological Science Faculty Works

Context: Psychopathic antisocial individuals have previously been characterized by abnormal interhemispheric processing and callosal functioning, but there have been no studies on the structural characteristics of the corpus callosum in this group. Objectives: To assess whether (1) psychopathic individuals with antisocial personality disorder show structural and functional impairments in the corpus callosum, (2) group differences are mirrored by correlations between dimensional measures of callosal structure and psychopathy, (3) callosal abnormalities are associated with affective deficits, and (4) callosal abnormalities are independent of psychosocial deficits. Design: Case-control study. Setting: Community sample. Participants: Fifteen men with antisocial personality disorder and high psychopathy …

Crossroads And Blind Alleys: A Critical Examination Of Recent Writing About Race Book Review Essay, Richard Delgado

Essays, Reviews, and Shorter Works

No abstract provided.

Equal Access And The Public Forum: Pinette's Imbalance Of Free Speech And Establishment, Alberto B. Lopez

Articles

Donna's Law would allow individuals who fear suicide to prevent their own impulsive gun purchases. Research shows that many people would sign up, and versions of Donna's Law have passed in Washington State and Virginia. This study is the first to assess public support for enacting Donna's Law. We find broad support overall, including majority support among Republicans and gun owners. There is room for consensus around this voluntary measure to reduce gun suicide.

Fact-Finding In Civil Domestic Violence Cases: Secondary Traumatic Stress And The Need For Compassionate Witness, Ann E. Freedman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Florida's Gay Adoption Ban: What Do Floridians Think?, Scott D. Ryan, Laura Bedard, Marc Gertz

University of Florida Journal of Law & Public Policy

No abstract provided.

Homosexuality And The European Court Of Human Rights: Recent Judgments Against The United Kingdom And Their Impact On Other Signatories To The European Convention Of Human Rights, Sameera Dalvi

University of Florida Journal of Law & Public Policy

No abstract provided.

An International "Truth Commission": Utilizing Restorative Justice As An Alternative To Retribution, Carrie J. Niebur Eisnaugle

Vanderbilt Journal of Transnational Law

A restorative justice paradigm emphasizes healing relationships between offenders, their victims, and the community in which the offense took place. It rejects retribution as a response to crime, focusing instead on the needs of all parties involved. This Note discusses the necessity for, and possible benefits of, using restorative justice principles when responding to international crimes and conflicts. Prosecution, war, and other violent means remain the most common responses to crime and conflict today. Such retributive reactions often lead to further violence rather than healing and peace. Using restorative justice principles to address crime and conflict, as was done in …

Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero

Faculty Scholarship

The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery, often with seemingly contradictory results. Liberals often favor affirmative action but decry both racial profiling and the diversity visa lottery, while many conservatives hold the opposite view. Critical race theory provides a unique alternative to stock liberal and conservative arguments, allowing one to draw meaningful and persuasive distinctions among these seminal issues surrounding law enforcement, education, and immigration policy.

Community Supervision Of Sex Offenders - Integrating Probation And Clinical Treatment, Mike Jenuwine, Ronald Simmons, Edward Swies

Journal Articles

The common reaction to the criminal acts committed by sex offenders includes disgust, anger, and a feeling of increased vulnerability. Not surprisingly, many people feel that convicted sex offenders should be locked up indefinitely, castrated, or put to death. In reality, however, nearly 60 per- cent of convicted sex offenders live in our communities under conditional supervision. The inherent problem with releasing convict- ed sex offenders into the community is the likelihood that they will repeat their crimes. To address this problem, intensive treatment programs for sex offenders have been developed to be used in combination with traditional measures such …

An Accuser-Obligation Approach To The Confrontation Clause, Sherman J. Clark

Articles

This Essay argues that the Confrontation Clause of the Sixth Amendment ought to be re-understood as primarily an accuser's obligation rather than primarily as a defendant's right. We demand that those who would perform this potentially dangerous, morally weighty, and symbolically loaded act-the act of accusation-be willing to do so face to face. We impose this requirement not only because out-of-court accusations are unreliable, though they may often be, but also in response to a deep, if inchoate, feeling that it is somehow beneath us inconsistent with our sense of who we want to be as a community-to allow witnesses …

Crawford V. Washington, Richard D. Friedman

Articles

On June 9, by granting certiorari in Crawford v. Washington, 02-9410, the Supreme Court signaled its intention to enter once again into the realm of the Confrontation Clause, in which it has found itself deeply perplexed. This time there was a difference, however, because the grant indicated that the Court might be willing to rethink its jurisprudence in this area. Crawford, like Lee v. Illinois, 476 U.S. 530 (1986), and Lilly v. Virginia, 527 U.S. 116 (1999), presents a classic case of what might be called station-house testimony. Michael Crawford was accused of stabbing another man. His wife, Sylvia, was …

In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar

Articles

think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.

Communicative Action, Strategic Action, And Inter-Group Dialogue, Michael James

Faculty Journal Articles

A consensus has emerged among many normative theorists of cultural pluralism that dialogue is the key to securing just relations among ethnic or cultural groups. However, few normative theorists have explored the conditions or incentives that enable inter-group dialogue versus those that encourage inter-group conflict. To address this problem, I use Habermas’s distinction between communicative and strategic action, since many models of inter-group dialogue implicitly rely upon communicative action, while many accounts of inter-group conflict rest upon strategic action. Drawing on explanatory accounts of inter-group conflict, I outline five strategic logics of group conflict, what I call the resource, political, …

A Clean Heart And An Empty Head: The Supreme Court And Sexual Terrorism In Prison, James E. Robertson

North Carolina Law Review

No abstract provided.

The Coroner's Inquest As An Equality Rights Mechanism: A Case Study Of The May-Iles Coroner's Inquest Into Domestic Violence In Ontario, Fiona Sampson

Journal of Law and Social Policy

No abstract provided.