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2003

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Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans Jan 2003

Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans

Faculty Publications

In 1998, the National Institute of Justice awarded a grant to the National Center for State Courts ("NCSC") to examine the frequency and various causes of hung juries. One of the factors that the NCSC project staff investigated was jurors' perceptions of the fairness of the law they were asked to apply in felony trials as well as jury and case characteristics that are often associated with jury nullification. The project also asked judges and other court actors to rate the strength of the evidence in the case. Thus, the project enabled researchers to examine jurors' views, the evidence, and …

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Exodus: 40 Years Of Deinstitutionalization And The Failed Promise Of Community-Based Care, Ted Frankel Jan 2003

Exodus: 40 Years Of Deinstitutionalization And The Failed Promise Of Community-Based Care, Ted Frankel

Dalhousie Journal of Legal Studies

The increasing number of Canadians with mental illness who are left uncared for and roaming the streets represents a huge failing that is not being seriously addressed in our society. Initially thought to be humane and progressive, "deinstitutionalization" has resulted in a very different reality for thousands of people with mental illness who have been released into the community. Many of those liberated from mental institutions and asylums have made an uneasy transition to life on the "outside", sometimes with tragic consequences. The question for consumers of mental health services now is not whether the current system is failing but …

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Lay Participation In Criminal Justice: Enhancing Justice System Legitimacy In Post-Conflict States, Emilie Taman Jan 2003

Lay Participation In Criminal Justice: Enhancing Justice System Legitimacy In Post-Conflict States, Emilie Taman

Dalhousie Journal of Legal Studies

In the aftermath of de-stabilizing conflicts, the transition to sustainable democracy is a challenging one. Open and transparent decision-making processes which encourage lay participation are important to this transition. With few remaining functional institutions, Governments must undergo reform at every level in order to effectively promote and enforce the Rule of Law. Criminal Justice reform, in particular, is essential. This paper will examine lay participation in criminal justice and the role it can play in building legitimate criminal justice institutions. The Canadian common law July will be examined as one model and the French, civilian-style ‘lay assessor’ model as another. …

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Mr. District Attorney: The Prosecutor During The Golden Age Of Radio, David Ray Papke Jan 2003

Mr. District Attorney: The Prosecutor During The Golden Age Of Radio, David Ray Papke

Faculty Publications

No abstract provided.

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The Difference In Criminal Defense And The Difference It Makes, Abbe Smith Jan 2003

The Difference In Criminal Defense And The Difference It Makes, Abbe Smith

Georgetown Law Faculty Publications and Other Works

My own view of criminal defense lawyering owes much to Monroe Freedman. I agree with his "traditionalist view”, of criminal defense ethics as a lawyering paradigm in which zealous advocacy and the maintenance of client confidence and trust are paramount. Simply put, zeal and confidentiality trump most other rules, principles, or values. When there is tension between these "fundamental principles” and other ethical rules, criminal defense lawyers must uphold the principles, even in the face of public or professional outcry. Although a defender must act within the bounds of the law, he or she should engage in advocacy that is …

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Victim Wrongs: The Case For A General Criminal Defense Based On Wrongful Victim Behavior In An Era Of Victims' Rights, Aya Gruber Jan 2003

Victim Wrongs: The Case For A General Criminal Defense Based On Wrongful Victim Behavior In An Era Of Victims' Rights, Aya Gruber

Publications

Criminal law scholarship is rife with analysis of the victims' rights movement. Many articles identify with the outrage of victims harmed by deviant criminal elements. Other scholarly pieces criticize the movement's denuding of defendants' constitutional trial rights. The point upon which proponents and opponents of the movement tend to agree, however, is that the victim should never be blamed for the crime. The helpless, harmed, innocent victim is someone with whom we can all identify and someone to whom we can all express sympathy. Victim blaming, by all accounts, is an act of legal heresy to feminists, victim advocates, and …

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Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey Jan 2003

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

Publications

This article discusses prosecutors' discretion to press criminal charges against individuals who cause death during recreational activities. Based on newspaper sources, published opinions, and unpublished materials from cases that resulted in plea bargains, Homicide on Holiday continues the author's exploration of the relationship between the American public, criminal prosecutors, and the nature of the prosecutors' public role. It shows that, despite popular culture's glorification of risk and a nationwide trend in tort law toward sheltering sports co-participants from civil negligence liability, an exhilarating trip down a ski slope is increasingly likely to land a skier in jail if he collides …

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International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs Jan 2003

International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs

Faculty Publications

No abstract provided.

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Establishing The International Criminal Court, Nancy Amoury Combs Jan 2003

Establishing The International Criminal Court, Nancy Amoury Combs

Faculty Publications

No abstract provided.

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Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins Jan 2003

Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins

Faculty Publications

No abstract provided.

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Cultural Change And "Catholic Lawyers", Stephen F. Smith Jan 2003

Cultural Change And "Catholic Lawyers", Stephen F. Smith

Journal Articles

If there is anything that America definitely does not need, it would seem, it is more lawyers. Over the last thirty years or so, the number of lawyers practicing in the United States has almost tripled to current levels of roughly 900,000 practicing attorneys. To this number, our nation's law schools add another 35,000 attorneys annually. In spite of this, the purpose of this special inaugural law review issue is to commemorate the founding of a new school, the Ave Maria School of Law. It is an honor for me to be able to share in the joy and pride …

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Course Schedule Spring 2003, William & Mary Law School Jan 2003

Course Schedule Spring 2003, William & Mary Law School

Course Information

No abstract provided.

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Electronic Impulses, Digital Signals, And Federal Jurisdiction: Congress's Commerce Clause Power In The Twenty-First Century, Ryan K. Stumphauzer Jan 2003

Electronic Impulses, Digital Signals, And Federal Jurisdiction: Congress's Commerce Clause Power In The Twenty-First Century, Ryan K. Stumphauzer

Vanderbilt Law Review

[W]e can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims. Suppose that a Manhattan mafia boss contacts a hit man located in the Bronx and asks him to kill a police informant. Suppose further that the hit man commits the murder at the informant's apartment in Queens. Should the federal government care that the mafia boss contacted the hit man using a cellular telephone rather than a hand-delivered letter? Should it matter that the cellular signal …

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When The Endowment Tanks: Some Lessons For Nonprofits, Jeffrey J. Haas Jan 2003

When The Endowment Tanks: Some Lessons For Nonprofits, Jeffrey J. Haas

Other Publications

No abstract provided.

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Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler Jan 2003

Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler

Articles & Chapters

No abstract provided.

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(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang Jan 2003

(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang

Faculty Articles

This article begins with the controversy over a proposed monument based on a widely disseminated photograph of three firefighters raising the American flag over the ruins of the World Trade Center. The three firefighters were White. The proposed monument would have had one White firefighter, one Black, and one Hispanic. This article argues that the controversy over the proposed monument serves as a microcosm for the larger and more important struggle over racial and gender diversity within fire departments, generally.

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Bitterroot Community Dispute Resolution Center: Establishment Of A Nonprofit Alternative Dispute Resolution Center In The Bitterroot Valley Of Western Montana, Martha A. Birkeneder Jan 2003

Bitterroot Community Dispute Resolution Center: Establishment Of A Nonprofit Alternative Dispute Resolution Center In The Bitterroot Valley Of Western Montana, Martha A. Birkeneder

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Justifications For The Probation Sanction Among Residents Of Virginia--Cool Or Un-Cool?, Brian K. Payne, Randy R. Gainey, Ruth A. Triplett, Mona J. E. Danner Jan 2003

Justifications For The Probation Sanction Among Residents Of Virginia--Cool Or Un-Cool?, Brian K. Payne, Randy R. Gainey, Ruth A. Triplett, Mona J. E. Danner

Sociology & Criminal Justice Faculty Publications

Perhaps as evidence of a growing cultural gap between our students and ourselves, one of the authors was recently amused when a student asked whether probation was a "cool" sanction. In this study, we begin an investigation into how cool the probation sanction is in the eyes of residents of the Commonwealth of Virginia. Specifically, we use data from a telephone survey of 840 registered voters to explore three questions. First, how often would they recommend the probation sanction in comparison to other sanctions? Second, how do they justify the sanction relative to justifications for other sanctions? Finally, are their …

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Caught In The Crossfire: A Defense Of The Cultural Theory Of Gun-Risk Perceptions, Donald Braman, Dan M. Kahan Jan 2003

Caught In The Crossfire: A Defense Of The Cultural Theory Of Gun-Risk Perceptions, Donald Braman, Dan M. Kahan

GW Law Faculty Publications & Other Works

In this article, Dan Kahan and Donald Braman expand upon the cultural theory of gun-risk perception and respond to the commentaries on their previous article, More Statistics, Less Persuasion: A Cultural Theory of Gun-Risk Perceptions, 151 U. Pa. L. Rev. 1291 (2003). Their critics argue that the authors are too quick to dismiss the power of empirical information to influence individuals’ positions on gun control. But in analyzing the variety of their critics’ arguments, Kahan and Braman note the strange pattern of opinions that has emerged on the relative importance of culture and data in the gun debate. What could …

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No Bond, No Body, And No Return Of Service: The Failure To Honor Misdemeanor And Gross Misdemeanor Warrants In The State Of Washington, Hon. Philip J. Van De Veer Jan 2003

No Bond, No Body, And No Return Of Service: The Failure To Honor Misdemeanor And Gross Misdemeanor Warrants In The State Of Washington, Hon. Philip J. Van De Veer

Seattle University Law Review

This Article will first examine how the warrant system works in Washington and how jail overcrowding and prisoner litigation has hindered the ability of law enforcement to arrest defendants wanted on misdemeanor and gross misdemeanor warrants. Second, the scope of the problem will be documented, followed by an analysis of why limited jurisdiction judges are currently unable to adequately respond to the growing problem. Finally, the harms caused by the failure to execute warrants will be detailed, followed by a survey of options available to correct the problem.

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Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston Jan 2003

Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston

Seattle University Law Review

The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, …

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The University Of Chicago Law School : A Century Of Scholarship; A Bibliography Of Writings Of The Faculty Of The University Of Chicago From 1902-2002, D'Angelo Law Library Jan 2003

The University Of Chicago Law School : A Century Of Scholarship; A Bibliography Of Writings Of The Faculty Of The University Of Chicago From 1902-2002, D'Angelo Law Library

Books

No abstract provided.

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The Pedagogy Of Domestic Violence Law: Situating Domestic Violence Work In Law Schools, Adding The Lenses Of Race And Class, Sarah M. Buel Jan 2003

The Pedagogy Of Domestic Violence Law: Situating Domestic Violence Work In Law Schools, Adding The Lenses Of Race And Class, Sarah M. Buel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Wading Into Professor Schneider's "Murky Middle Ground" Between Acceptance And Rejection Of Criminal Justice Responses To Domestic Violence, Holly Maguigan Jan 2003

Wading Into Professor Schneider's "Murky Middle Ground" Between Acceptance And Rejection Of Criminal Justice Responses To Domestic Violence, Holly Maguigan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Battering, Forgiveness, And Redemption, Brenda V. Smith Jan 2003

Battering, Forgiveness, And Redemption, Brenda V. Smith

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Book Review: Battered Women And Feminist Lawmaking By Elizabeth M. Schneider., Molly Dragiewicz Jan 2003

Book Review: Battered Women And Feminist Lawmaking By Elizabeth M. Schneider., Molly Dragiewicz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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State Of Utah, Department Of Human Services, Division Of Child And Family Services V. Honorable Frederic Oddone : Reply Brief, Utah Supreme Court Jan 2003

State Of Utah, Department Of Human Services, Division Of Child And Family Services V. Honorable Frederic Oddone : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

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An Ill-Wind That Blows No One Good: Cluster Analysis Of A Constitutional Scholar's Illness Metaphor And Resistance Rhetoric Targeting The President, Congress, And November 13th Military Order, Pamela Lutgen-Sandvik Jan 2003

An Ill-Wind That Blows No One Good: Cluster Analysis Of A Constitutional Scholar's Illness Metaphor And Resistance Rhetoric Targeting The President, Congress, And November 13th Military Order, Pamela Lutgen-Sandvik

Iowa Journal of Communication

In response to the terrorist attacks of September 11, 2001, President George W. Bush issued a military order authorizing the Department of Justice to detain and hold persons suspected of terrorism or of having connections with terrorists. This article analyzes a constitutional scholar’s rhetoric of resistance to the president’s military order in the face of nearly overwhelming popular support for the president’s actions. Through the use of Kenneth Burke’s cluster and agon analysis, the author examines the December 4, 2001 testimony of Dr. Laurence H. Tribe to the Senate Judiciary Committee of the 107th United States Congress.

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Due Process In Problem Solving Courts, Eric Lane Jan 2003

Due Process In Problem Solving Courts, Eric Lane

Hofstra Law Faculty Scholarship

The rapid proliferation of "problem-solving courts," particularly of drug courts, occasions this Article. These progeny of the 1989 Dade County, Florida drug court' can be found throughout the country. According to one report, there are approximately 500 drug courts operating nationwide, with several hundred more coming on line. From these drug courts, a number of other courts have evolved, all under the problem-solving handle. In New York, for example, in addition to drug courts, there are community courts and domestic violence courts. In the State of Washington there is a mental health court. While disparate in their focus, their "problem …

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Restorative Justice And The Jewish Question, Daniel J.H. Greenwood Jan 2003

Restorative Justice And The Jewish Question, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

While the particular languages of our differing religious traditions do not seem to me to be good bases for a public criminal law, they are useful for considering familiar issues in an unfamiliar light. I therefore offer a reading of a set of unfamiliar texts from the Talmud, one of the foundational texts of the Jewish tradition, to make two basic points about criminal law with some applicability to the restorative justice debate. At the same time, their language and structure should illustrate how disparate our traditions are.

First, criminal law should have a limited, nontranscendental goal. Torah law, like …

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