Digital Commons Network^™

Reflection On Criminal Justice Reforms In Chile, James P. Carey

Loyola University Chicago International Law Review

No abstract provided.

Protecting The Persecuted And Fulfilling The True Goals Of A War On Terror Through Immigration Policy, Samia A. Malik

Loyola University Chicago International Law Review

No abstract provided.

Table Of Contents, International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Protecting The Persecuted And Fulfilling The True Goals Of A War On Terror Through Immigration Policy, Samia A. Malik

Loyola University Chicago International Law Review

No abstract provided.

2005 Trafficking In Persons Report, U.S. Department Of State

Human Trafficking: Data and Documents

The Department of State is required by law to submit a report each year to the U.S. Congress on foreign governments’ efforts to eliminate severe forms of trafficking in persons. This Report is the fifth annual TIP Report.

This Report is intended to raise global awareness and spur foreign governments to take effective actions to counter all forms of trafficking in persons — a form of modern-day slavery. The Report has increasingly focused the efforts of a growing community of nations to share information and to partner in new and important ways to fight human trafficking. A country that fails …

Focus Emu, February 22, 2005, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, October 11, 2005, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, April 19, 2005, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, August 30, 2005, Office Of Public Information

Focus EMU

No abstract provided.

Winter Commencement, December 18, 2005, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Board Of Regents Meeting Materials, September 20, 2005, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram

Fordham International Law Journal

Even as the International Criminal Court undertakes investigations in Uganda and the Democratic Republic of Congo, policymakers and academics continue to debate what the “right” tools to respond to past atrocities are. Naturally there are concerns that justice must be done, weighed against concerns that weak States will be destabilized by attempts at accountability. While many have celebrated the entry into force of the International Criminal Court Statute and the exercise of universal jurisdiction, the United States continues to challenge both of these tools of international justice as undemocratic and illegitimate. There are also reasons to be concerned that tools …

Usa -Chile: Otterbein University, Universidad San Sebastian, November 27-December 22, 2005, Carmen J. Galarce

Faculty Books

Information is provided about the country of Chile in South America for a study-travel class (Spanish 390) that went from Otterbein College in Westerville, Ohio to visit the Universidad San Sebastian in Valdivia, Chile from November 27-December 22, 2005.

Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams

Faculty Publications

This article describes the widespread violence, beatings and other abuse the U.S. Justice Department has found in its inspections of several state juvenile detention facilities. The article then discusses Missouri's Division of Youth Services (DYS), which is widely considered the national model of sound practices. The article concludes with recommendations for national reform.

Graduate Record 2005: The Future Is History, Southwestern Oklahoma State University

SWOSU Yearbooks

As we look back on the success of past generations at SWOSU, we can only have the same hope for our future. The faces have changed and so have the fashions, but the tradition of excellence has remained the same throughout SWOSU's history. So as we graduate, and begin to look forward, we really can say... the future is history.

West Valley City V. Stanley Fieeiki : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT This is an appeal from a conviction for simple assault, a class B misdemeanor, entered in the Third District Court in and for Salt Lake County, West Valley Department, State of Utah, the Honorable Terry Christiansen, Judge, presiding.

How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph

War Crimes Memoranda

No abstract provided.

Reconciling Morality And Moral Responsibility In The Law: A Due Process Challenge To The Inconsistent Mental Responsibility Standards At Play In Criminal Insanity Defenses And Sexually Violent Predator Civil Commitment Hearings, Jeremy T. Price

UC Law Constitutional Quarterly

When seeking to civilly commit an inmate nearing release from prison, states often adopt a formulation of mental responsibility for criminal behavior that is inconsistent with the standard on which they rely when rebutting a criminal insanity defense. Defendants are permitted to raise certain incapacity defenses in one context, and yet they are prohibited from advancing those same defenses in another. As a result, many states may seek criminal punishment on the theory that a defendant is legally sane and then later argue that the same person has a serious mental abnormality characterized by a propensity to engage in criminal …

Evidence And Confrontation In The President's Military Commissions, Nicholas W. Smith

UC Law Constitutional Quarterly

In the wake of the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001, President George W. Bush and his administration began a vigorous offensive against America's perceived enemies. President Bush issued a Military Order to capture and take into custody anyone the President perceived to be a member of the al Qaida terror network, any suspect of terrorism, and anyone who aids the efforts of terrorists. The President holds limitless discretion over who falls under the jurisdiction of his order, and those captured are subject to trial of military commission. Five hundred prisoners are …

Revisiting Novel Approaches To Combating The Financing Of Crime: A Brave New World Revisited, Bruce Zagaris

Villanova Law Review (1956 - )

No abstract provided.

Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen

Villanova Law Review (1956 - )

No abstract provided.

Bad Children Or A Bad System: Problems In Federal Interpretation Of A Delinquent's Prior Record In Determining The Appropriateness Of A Discretionary Judicial Waiver, Jessica L. Anders

Villanova Law Review (1956 - )

No abstract provided.

Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason

Office for Policy Studies on Violence Against Women Publications

In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.

Cybersecurity, Identity Theft, And The Limits Of Tort Liability, Vincent R. Johnson

Faculty Articles

Tort law is the best vehicle for allocating the risks and spreading the costs of database intrusion. It can incentivize database possessors (“possessors”) and data subjects to minimize the harm associated with breaches of database security while also balancing each party’s interests. Life is built upon computerized databases and the information of those databases is subject to hackers and other cyber-threats, which can cause catastrophic damage. It is hard to identify hackers; however, a better object for recovery is likely the possessors who fail to prevent or reveal a security breach.

The law governing database possessors’ liability is far from …

Compromising Liberty: A Structural Critique Of The Sentencing Guidelines, Jackie Gardina

University of Michigan Journal of Law Reform

This Article contends that the federal sentencing guidelines-whether mandatory or discretionary-violate the constitutional separation of powers by impermissibly interfering with a criminal jury's constitutional duty to act as a check against government overreaching. This Article posits that the inclusion of the criminal jury in Article III of the Constitution was intended as an inseparable element of the constitutional system of checks and balances. This Article also submits a proposal for restoring the constitutional balance through the creation of a "guideline jury system" within the current guideline structure. The implementation of a guideline jury system would fill the constitutional void created …

Is Open Voir Dire A Good Thing - Abc, Inc. V. Martha Stewart: The Second Circuit's Interpretation Of First Amendment Rights During Jury Selection In High-Profile Celebrity Trials, Catherine Stehlin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Mediation And Justice: What Standards Govern?, Joseph B. Stulberg

Cardozo Journal of Conflict Resolution

I find it challenging to write about mediation and justice for several perplexing reasons. The concept of justice is constitutionally ambiguous; trying to analyze it concretely is a challenging task for both writer and reader. Despite the concept's ambiguity, however, each of us can readily describe situations that instantly appall us for reasons that we intuitively identify as constituting acts or occasions of injustice. The irony then, and hence the challenge, is that we know that the concept of justice is an important phenomenon to address, yet we have difficulty saying something constructive or useful about it.

Shifting The Focus From The Myth Of "The Vanishing Trial" To Complex Conflict Management Systems, Or I Learned Almost Everything I Need To Know About Conflict Resolution From Marc Galanter, John Lande

Cardozo Journal of Conflict Resolution

To say that "The Vanishing Trial" is a myth is not to suggest that the facts or analysis in Professor Galanter's report are fictional or inaccurate. Indeed, he marshals a massive amount of data to show that the number of trials and the trial rates have been declining for the past four decades, particularly in the federal courts. The report documents an apparent paradox: the proportion of cases going to trial has dropped sharply during the past forty years despite substantial increases in many other legal indicators including the number of lawyers, the number of cases filed, and the amount …

A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown

The Modern American

No abstract provided.