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Therapeutic Domestic Violence Courts: An Efficient Approach To Adjudication?, Hon. Catherine Shaffer

Seattle University Law Review

Part II of this Article will explore the history of state intervention to confront domestic violence, along with some of the attitudes that contribute to the lack of adequate enforcement of recent legislative reforms. Part III of this Article will discuss the costs of domestic violence and the impact of superficial court treatment in reducing those costs. Part IV will outline the historical development, philosophy, and potential development of therapeutic courts, and in particular will examine the proven effectiveness of the drug court model and the potential benefits that are unique to domestic violence courts. Part V suggests further creation …

New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela Love

Cardozo Journal of Conflict Resolution

Following the first flush of enthusiasm, it is becoming apparent that the dispute resolution field, like its predecessor professional fields, is vulnerable to the incentive structures and practice barriers built into both academic and practice careers. Also, what many of us think of as a national (or international) movement may be increasingly affected by local cultures. In collaboration with scholars and practitioners in a variety of cities, the Broad Field Project6 ("Broad Field") has been convening a number of dialogues about related issues, including a small series particularly focused on the local cultures of dispute resolution.

Ordering (And Order In) The City, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the broken windows hypothesis by George Kelling and James Q. Wilson has revolutionized thinking about urban policy. This now-familiar theory is that uncorrected manifestations of disorder, even minor ones like broken windows, signal a breakdown in the social order that accelerates neighborhood decline. The response to this theory has been a proliferation of policies focusing on public order. Largely missing from the academic debate about these developments is a discussion of the complex and important role of property regulation in order-maintenance efforts. This Article attempts to fill that property law gap in the public-order puzzle …

Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon

Articles

The 1993 amendments to Rule 11 of the Federal Rules of Civil Procedure successfully reduced both the number of sanctions motions and the chilling effect on meritorious claims, contrary to initial concerns that weaker sanctions would increase frivolous filings. By introducing a safe harbor provision and altering the timing of Rule 11 motions, the amendments mitigated hindsight bias and encouraged the withdrawal of non-meritorious claims without penalty. Empirical evidence, including judicial surveys and a decline in sanctions motions, confirms the amendments' effectiveness in balancing deterrence of frivolous litigation with protection of legitimate claims.

New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela P. Love

Articles

No abstract provided.

The Rehnquist Court And Administrative Law, Michael Herz

Articles

No abstract provided.

Apprendi And Federalism, Peter B. Rutledge

Scholarly Works

Since the emergence of the Apprendi majority and its newly minted (and evolving) constitutional limits on criminal punishment, many commentators have begun to address its implications for the horizontal relations between the branches of government — between legislators and courts, between judges and juries, and between judges and prosecutors. Less widely addressed, though equally (if not more) important, has been the Apprendi doctrine’s implications for vertical relations, particularly federalism.

This essay seeks to begin to fill that lacuna in the literature. Part I explains how Apprendi undermines principles of federalism, a curious tension because several of Apprendi’s strongest defenders, particularly …

Cultural Eclipse: The Effect On The Aboriginal Peoples In Manitoba, Kwesi Baffoe

Tribal Law Journal

Cultural eclipse is a phrase that I coined to describe the inter-relationship between the Aboriginal and European cultures as seen by an observer in space. It depicts the scene of two cultures initially rotating separately in time through the Universe. The European culture slowly drifts towards the Aboriginal culture and partially covers it without consuming it. This paper explores one of the ways indigenous culture is damaged during this "union".

Navajo Nation V. Rodriguez And The Traditional Navajo Principle Of Hazhó'Ógo, Philip A. Morin

Tribal Law Journal

This case note examines in detail the adoption, and adaptation, of the United States Supreme Court's Miranda decision by the Supreme Court of the Navajo Nation.

The Supreme Court of the Navajo Nation carried out the directive of the Fundamental Laws of the Diné, to make Diné bi beehaz'áanii, or Navajo Common Law, the fundamental basis for its decisions. By doing so, the Supreme Court defined uniquely Navajo rights and procedures governing the custodial interview, holding that the traditional Navajo principle of hazhó'ógo requires truthful, transparent explanations to, and respectful treatment of, persons in police custody.

Mr. Morin's case note …

On Military Commissions, Scott L. Silliman

Faculty Scholarship

With pretrial hearings for several detainees underway at Guantanamo Bay, and the prospect for full trials before military commissions1 starting either late this year or early in 2005, this little understood option for prosecuting terrorists has become the focus of intense debate within this country and abroad, even becoming an election year issue for the presidential contenders. Many have suggested that the military commission procedures should have grafted in more of the due process protections afforded in courts-martial under the Uniform Code of Military Justice, the criminal justice system created by Congress to govern the conduct of our own service …

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Mike Jenuwine

Journal Articles

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Journal Articles

Human rights have suffered sharp setbacks in the four years since the paper that follows was delivered in London in the summer of 2000. The terrorist attacks on the United States on September 11, 2001, and the Bush Administration’s ensuing “war on terrorism,” have led not only to a demotion of human rights on the list of American foreign policy priorities, but also to gross violations of human rights by Washington. Among other recent assaults on the rule of law are the prolonged detentions of hundreds of prisoners without trial or due process of law at the United States Naval …

Universal Criminal Jurisdiction, Douglass Cassel

Journal Articles

Universal criminal jurisdiction is an important tool in the worldwide struggle to end impunity for serious international crimes.

Universal criminal jurisdiction is the principle of international law that permits any nation to prosecute certain serious international crimes, regardless of where they are committed, by whom or against whom, or any other unique tie to the prosecuting nation. The Recommendation applies whether or not an accused is in custody and does not address the separate topics of universal jurisdiction in civil cases or the immunities of senior government officials before foreign national courts.

Universal criminal jurisdiction developed over time as a …

The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner

Scholarship@WashULaw

This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of “criminality” within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element, spoken of in many circles as “oppositional culture” constitutes a bold and calculated rejection of destructive mainstream values that have perpetuated social inequalities and power imbalances. African American resistance culture is captured by novelist John Edgar Wideman in his account of his brother ’s criminal lifestyle and the …

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

The Future Of American Sentencing: A National Roundtable On Blakely, Ronald J. Allen, Albert Alschuler, Douglas A. Berman, Stephanos Bibas, Frank O. Bowman Iii, Daniel P. Blank, Charles R. Breyer, Steven Chanenson, Michael R. Dreeben, Margareth Etienne, Jeffrey L. Fisher, Patrick Keenan, Joseph E. Kennedy, Nancy J. King, Susan J. Klein, Rory K. Little, Marc L. Miller, J. Bradley O'Connell, David Porter, Kevin R. Reitz, Daniel C. Richman, Kate Stith, Barbara Tombs, Richard B. Walker, Robert Weisberg, Robert F. Wright Jr., Jonathan Wroblewski, David N. Yellen

Faculty Scholarship

In the wake of the dramatic Supreme Court decision in Blakely v. Washington, Stanford Law School convened an assembly of the most eminent academic and professional sentencing experts in the country to jointly assess the meaning of the decision and its implications for federal and state sentencing reform. The event took place on October 8 and 9, just a few months after Blakely came down and the very week that the Supreme Court heard the arguments in United States v. Booker and United States v. Fanfan, the cases that will test Blakely's application to the Federal Sentencing Guidelines. Thus the …

The Rule Of Lenity As A Rule Of Structure, Zachary S. Price

Faculty Scholarship

No abstract provided.

Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.

Monterey County Volunteer Agencies, Alice Mitchell

Capstone Projects and Master's Theses

The Federal Probation office was faced with a great problem dealing with offenders. As part of an offender's terms of probation they must complete community service hours. Offenders are required to complete hours ranging from 100-400 hours. The Federal Probation office was lacking a set of resources available for offenders to volunteer. I created an electronic database, which consisted of Monterey County volunteer agencies willing to accept federal offenders. This database helps address the agency's problem of helping offenders complete all terms of probation.

Hate, Oppression, Repression, And The Apocalyptic Style: Facing Complex Questions And Challenges, Chip Berlet

Journal of Hate Studies

As we build the field of Hate Studies we need to scrupulously inspect our own work. Blee and Ferber have already suggested a number of complex questions for scholars to answer. This paper argues that understanding the interrelated dynamics of hate, apocalyptic dualism, institutionalized oppression, and political repression is crucial to increasing the accuracy and effectiveness of our research and answering these questions.

The Social Psychology Of Hatred, Evan R. Harrington

Journal of Hate Studies

Hatred has not typically been a topic of research in the field of social psychology, although several components which embody hatred have been studied extensively in this field. Social psychologists have traditionally considered prejudice, stereotyping, discrimination and intergroup aggression to be highly important and socially relevant topics for research, and thousands of studies by social psychologists have examined these and other issues related to hatred. There are three primary approaches social psychologists have utilized in studying prejudice and intergroup aggression. The first approach may be thought of as a general model of social influence in which a variety of situational …

Teaching A General Education Course On Hate Crimes: Challenges And Solutions, Phyllis B. Gerstenfeld J.D., Ph.D.

Journal of Hate Studies

Almost ten years ago, I began teaching a course on hate crimes. This course was originally created as an upper division elective for undergraduate Criminal Justice majors. In the years since, the course has been adapted slightly so that it now serves to satisfy our General Education “Multicultural” requirement. The course is a popular one—in the fall of 2003, I had 62 students—and one I enjoy teaching. However, teaching this course has also presented several challenges. In this paper, I describe some of the challenges I have faced, as well as the approaches I have taken to meeting these challenges. …

Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice Colloquium: Deborah L. Rhode's Access To Justice, Steven H. Hobbs

Articles

No abstract provided.

Information Markets, Administrative Decisionmaking, And Predictive Cost-Benefit Analysis, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

FutureMAP, a project of the Defense Advanced Research Projects Agency, was to involve experiments to determine whether information markets could improve Defense Department decisionmaking. Information markets are securities markets used to derive information from the prices of securities whose liquidation values are contingent on future events. The government intended to use such a market to assess the probabilities of potential political assassinations, and the indelicacy of this potential application contributed to a controversy leading to the cancellation of the program. In this Article, Professor Abramowicz assesses whether information markets in theory could be useful to administrative agencies, and it concludes …

Originalism And The Affirmative Action Decisions, Douglas G. Smith

Case Western Reserve Law Review

No abstract provided.

Turning The Commerce Clause Challenge "On Its Face": Why Federal Commerce Clause Statutes Demand Facial Challenges, Nathaniel Stewart

Case Western Reserve Law Review

No abstract provided.

New Orleans Police Department Recruitment And Retention Survey, Susan Howell

Survey Research Center Publications

No abstract provided.

Postscript: Another Look At Patane And Seibert, The 2004 Miranda 'Poisoned Fruit' Cases, Yale Kamisar

Articles

Some months after I finished writing an article that, inter alia, discussed the lower court opinions in Patane and Seibert (an article that appears elsewhere in this issue of the Journa),1 the Supreme Court handed down its decisions in those cases.2 In Patane, a 5-4 majority held admissible a Glock pistol located as a result of a failure to comply with Miranda. In Seibert, a 5-4 majority agreed with the state court that a "second confession," one obtained after the police had deliberately used a two-stage interrogation technique designed to undermine the Miranda warnings, was inadmissible. 3 In Patane, Justice …

Lay Participation In The Japanese Justice System, Kent Anderson, Mark Nolan

Vanderbilt Journal of Transnational Law

The Authors introduce and critique Japan's proposed quasi-jury or lay assessor system (saiban-in seido). The proposed mixed-court will have judges and lay people deciding together both guilt and sentences in serious criminal cases. Its proponents have promised that the lay assessor system will produce better justice in the courts and a more democratic society for Japan. The Authors first expose the competing interests in the lay assessor drafting process, examining their subtly but importantly varied proposals. Second, the Authors historically review lay participation in Japan, arguing that it has failed to deliver better justice and more democracy because the existing …

Strafford County 2003 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2003., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.