Digital Commons Network^™

An Ethical Manifesto For Public Defenders, Monroe H. Freedman

Valparaiso University Law Review

No abstract provided.

In (Slightly Uncomfortable) Defense Of "Triage" By Public Defenders, John B. Mitchell

Valparaiso University Law Review

No abstract provided.

Some Thoughts And Truths About Immigration Myths: The "Huddled Masses" Myth: Immigration And Civil Rights, Harvey Gee

Valparaiso University Law Review

No abstract provided.

The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson

Michigan Journal of Race and Law

Part I of this Article uses a quasi-parable, in which Dorothy Brown is a Tibetan Master who teaches law students CRT Kung Fu, the monastic fighting skills by which they will acquire the Shadow's mystical insight to "know" the heart of the first-year curriculum. Part II challenges the organizing principles and content on which Brown's Critical Race Theory purports to critically interrogate traditional legal doctrine, applying a New Age Philosophical critique as well as agency theory to crack dealing in Spanish Harlem. I use this case study to argue that crack dealers deliberately and purposefully choose extra-legal economic opportunities, even …

Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd

Michigan Journal of Race and Law

This Article does not challenge the prior research on sentencing discrimination between racial categories that found no significant difference in sentences given to similarly-situated African Americans and Whites. In fact, in the jurisdiction investigated- Florida- no discrimination between African Americans and Whites was found in the sentences imposed on defendants, looking only at racial category differences. Rather, the research suggests that in focusing exclusively on discrimination between racial groups, the research has missed a type of discrimination related to race that is taking place within racial categories: namely, discrimination on the basis of a person's Afrocentric features. By Afrocentric features, …

Felon Disenfrachisement Laws: Partisan Politics In The Legislatures, Jason Belmont Conn

Michigan Journal of Race and Law

This examination of the institutional changes to state legislatures, synthesized with an analysis of the handling of felon disenfranchisement laws by state legislatures, presents a troubling realization about the law today: in the twenty-first century, partisan politics moderates decisions about even the most basic and fundamental principles of democracy. This Note suggests that because state legislators follow their party leadership and position, a state's traditional treatment of racial minorities, geographic location, and even ideology are not the strongest indicators of a state's disenfranchisement laws. Rather, partisan politics drives changes to the state laws governing felon voter eligibility.

Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie

Michigan Journal of Race and Law

This essay posits that Critical Race Theory (CRT) must operate at both the "idealist" and "materialist" levels. Although the emphasis may be in one direction or another at particular times, both domains are continually engaged. This essay links the debate between the "materialist" and "idealist" views to another central theme within CRT, which is the need for "justice" and how the law relates to justice. This essay focuses on the contemporary debate surrounding the status of Native Hawaiians to show how "race" is being used to construct the civil and political rights of Native Hawaiian people. CRT is a jurisprudence …

From Discourse To Struggle: A New Direction In Critical Race Theory, Megan K. Whyte

Michigan Journal of Race and Law

To commemorate the Michigan Journal of Race & Law's tenth anniversary, they hosted a symposium in February 2005 that marked a shift within critical race theory. Entitled "Going Back to Class?: The Reemergence of Class in Critical Race Theory," the symposium brought together speakers, students, Journal alumni, and members of the community to begin a fuller examination of the relationship between race and class.

Utpa Undergraduate Catalog 2005-2007, University Of Texas Pan American

UTPA Archives - Course Catalogs

No abstract provided.

Utb/Tsc Commencement – Winter 2005, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.

Bulletin 2005-2006, Seattle University School Of Law

Viewbooks

No abstract provided.

Utpa Graduate Catalog 2005-2007, University Of Texas Pan American

UTPA Archives - Course Catalogs

No abstract provided.

Collection Of Works By Faculty And Staff - 2005, University Of Texas At Brownsville

Digital Books

This annual publication provides a listing of books, journals, videocassettes, compact discs, and software produced by various faculty and staff of the former University of Texas at Brownsville.

Taking Conversation, Dialogue, And Therapy Public, Mari Boor Tonn

Rhetoric and Communication Studies Faculty Publications

This essay interrogates “conversation,” “dialogue,” and the language of therapy as framing devices for various public deliberative processes in the 1990s and since. Although “conversation” and “dialogue” are often trumpeted as a means to restore civility, egalitarianism, and community into the public sphere, this essay argues that these communication modes, coupled with the language of therapy in which they frequently have been couched, are problematic as paradigms for conflict and problem resolution on public issues. The essay argues, first, that a conversational model for deliberation may impede rather than further democratic goals, and, second, that conversation may function.

Crime, Punishment, And Prevention: An Economic Approach, Jeff Arthur

Masters Theses

Gary Becker's seminal paper laid the foundation for the economic analysis of crime. Using this framework, the government has attempted to increase the costs of crime to a level that effectively deters individuals from criminal activity. Despite the relative lack of discussion in economics, Becker's model suggests alternatives to deterrence. Instead of focusing exclusively on increasing the costs of crime, society can increase the benefits of lawful behavior. Rather than punish the crook, reward the citizen. The purpose of this research is to compare the relative effectiveness of prison and police expansion with prevention programs. Prevention programs aimed at increasing …

2005 Commencement Program, Seattle University

Commencement Programs

No abstract provided.

Are We Turning Judges Into Politicians, James Michael Scheppele

Loyola of Los Angeles Law Review

No abstract provided.

How Juries Get It Wrong - Anatomy Of The Detroit Terror Case, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article describes the background and trial of the four defendants in the so-called Detroit “Sleeper Cell” terrorist prosecution. It examines the evidence relied on by the jury to reach its verdict, particularly the testimony of a key turncoat witness who accused the defendants of participation in a terrorist conspiracy. Part III examines how the jury's search for truth was corrupted by false, misleading, and incomplete proof. It identifies several extrinsic sources of jury error including suppressed evidence, dishonest and unreliable testimony, partisan experts, coaching, obstructed cross-examination, and inflammatory arguments. Finally, with the Detroit terrorist trial as the model, Part …

State Sentencing Policy And New Prison Admissions, Ben L. Trachtenberg

Faculty Publications

As the academy's focus has turned to sentencing in the wake of Blakely v. Washington and United States v. Booker, most commentators have continued their benign neglect of actual sentencing practices as they occur in state courts, not to mention whether and how such policies are effective in achieving the goals of criminal justice.This note examines trends in state sentencing policies and prison populations from the perspective of a would-be state reformer hoping to decrease her state's prison budget. Economic pressures, efficiency arguments, and social justice claims have combined to cause some states to desire lower prison populations, but few …

Bo Ginn Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of various political papers to and from Ronald “Bo” Ginn from 1973 to 1983. The collection includes professional correspondence to and from various constituents and organizations, personal correspondence, and audiovisual tapes of Ginn’s life and work. These items contain items of importance for the citizens of Georgia such as, agriculture, government spending, and issues regarding other forms of commerce for Georgia.

Find this collection in the University Libraries' catalog.

The Vienna Convention On Consular Relations: Persuasive Force Or Binding Law, Sandra J. Weiland

Denver Journal of International Law & Policy

No abstract provided.

Ethics And The Problem Of White Collar Crime, John Hasnas

American University Law Review

No abstract provided.

Epilogue: Overcriminalizing: An Agenda For Change, Paul Rosenzweig

American University Law Review

No abstract provided.

The Effects Of Perceived Authority On Suggestibility In Interrogation-Like Situations: A Pilot Study, Renae Kotas, Derek Dehne

The Journal of Undergraduate Research

The effect of perceived authority on suggestibility was assessed. Two groups of participants were used, one receiving perceived authority and one receiving none. A military student dressed in fatigues administered the procedure to the first group and a civilian student in street clothes administered to the second. The Gudjonsson Suggestibility Scale was used to assess the suggestibility of each group. No significant difference between the groups was found.

Criminal Law - The Sixth Amendment Right To Trial By Jury: A Constitutional Guarantee Versus The Demise Of Sentencing Guidelines, Teresa R. Nelson

Wyoming Law Review

No abstract provided.

Catalog 2005-06, Dmacc

Catalogs

No abstract provided.

Graduate Catalog 2005-2006, University Of North Florida

UNF Course Catalogs

No abstract provided.

Michael A. Bacon V. Jerry Jorgensen, Et Al. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Habeas Corpus in the Third District Court in and for Salt Lake County Judge Timothy R. Hanson presiding.

Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl

Scholarly Articles

The International Criminal Tribunal for the former Yugoslavia (ICTY) increasingly has turned to plea bargains to resolve the cases before it. A number of factors motor this trend. One is administrative: the ICTY has been subject to considerable pressure from the United Nations Security Council and donor states to accelerate its work. Another is the desire to obtain acknowledgements of responsibility from perpetrators. Moreover, there is concern that, as time passes, the memories of witnesses dim. The rigours of direct and cross-examination may retraumatise those who have survived mass atrocity. ICTY judges also have expressed their understanding that guilty pleas …

Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus

William Mitchell Law Review

This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …