Digital Commons Network^™

Protection Orders: A Procedural Pacifier Or A Vigorously Enforced Protection Tool - A Discussion Of The Tenth Circuit's Decision In Gonzales V. Castle Rock, Michael Mattis

Denver Law Review

No abstract provided.

Nicholson V. Williams Revisited: When Good People Do Bad Things, Evan Stark

Denver Law Review

No abstract provided.

Sneak Preview Into How The Court Took Away A State's Right To Execute Sixteen And Seventeen Year Old Juveniles: The Threat Of Execution Will No Longer Save An Innocent Victim's Life, Mitchel Brim

Denver Law Review

No abstract provided.

Executive Power And The War On Terror, Norman C. Bay

Denver Law Review

No abstract provided.

The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson

Law Faculty Publications

The history of the prerogative of the sovereign, the lex prerogativa, in Anglo American jurisprudence is long and complicated. It has exercised the minds of jurists and political philosophers for many centuries, and there has not been universal agreement as to its nature and scope. The purpose of this essay, as prompted by the two quotations just given, is to describe the prerogative law and trace its development from medieval England to modem Virginia.

Refusal To Undergo A Cesarean Section: A Woman's Right Or A Criminal Act ?, Monica K. Miller

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Comments: Holding Clergy Accountable: Maryland Should Require Clergy To Report Suspected Child Abuse, Caroline E. Law Miller

University of Baltimore Law Review

No abstract provided.

Admissions Brochure 2005-2006, William & Mary Law School

Admissions Brochures

No abstract provided.

Do You Speak English?: A Study On English Language Proficiency Testing Of Hispanic Defendants In U.S. Criminal Courts, Jana Anette Radmann

LSU Master's Theses

Hispanics are not only the largest language minority in the United States, but also in U.S. prisons. An increasing number of primarily Spanish-speaking defendants face the legal and linguistic challenges of a U.S. courtroom. Constitutional and statutory protections have been put in place to guarantee that non-native English defendants have access to a court interpreter during their trial. Yet, under these protections it is left to the presiding judge to determine whether a court interpreter is truly needed. Thus, the judge has to determine if the comprehension of the non-native English defendant is “sufficiently inhibited” as to require language assistance …

Transforming The Hood: Faith-Based Organizations In New Orleans And Community Development, Jaime Beth Petenko

LSU Master's Theses

New Orleans is one of the most culturally unique cities in America. However, amidst its rich history and lively traditions, there exists extreme poverty and violence. The objective conditions of New Orleans such as poverty, unemployment, violence, poor healthcare, segregation, inadequate housing, drugs, and racism have created a cycle of despair that many in New Orleans cannot escape. These conditions are not isolated in New Orleans but reproduced and reinforced through the basic structure of American society, governmental and institutional policies, and ideologies. While all poor residents in New Orleans internalize and shape the oppression and marginalization they experience on …

Perceptions Of Teachers, Administrators, And Parents From Selected Schools In An Urban Alabama School District Regarding Violence In Schools., Elvirita R. Finley

All ETDs from UAB

No abstract provided.

Refocusing On Women: A New Direction For Policy And Research On Intimate Partner Violence, Lisa A. Goodman, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

A key question facing researchers of intimate partner violence is how the real-life contexts of victims’ lives should affect state policy. The bulk of recently adopted and much touted criminal justice reforms have taken the form of relatively inflexible, one-size-fits-all mandatory responses focused on counseling, restraining, and punishing batterers. Even the protection order system relies far more heavily on batterer treatment programs than on victim support to prevent future violence. Together, these reforms have largely sacrificed the contextualized, woman-centered focus from which the anti-domestic violence movement originated. Recently, however, a small body of research has emerged indicating that responding flexibly …

Liberalism, Torture, And The Ticking Bomb, David Luban

Georgetown Law Faculty Publications and Other Works

Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman act of torture.” Then came September 11.

The "Monster" In All Of Us: When Victims Become Perpetrators, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In this Essay, I will discuss the "cycle of violence”, that transforms victims into perpetrators, focusing on the Aileen Wuornos case. I will examine the odd lack of support for Wuomos and others like her as soon as they become perpetrators. I will then talk about men and boys who have been sexually abused and become perpetrators. I will conclude by arguing that the prevailing feminist approach to crime and violence has been too narrowly focused on victims, and has - witting or not - contributed to the nation's extraordinary and exclusive turn to punishment over the past three decades.

Community Self Help, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This paper advocates controlling crime through a greater emphasis on precautions taken not by individuals, but by communities. The dominant battles in the literature today posit two central competing models of crime control. In one, the standard policing model, the government is responsible for the variety of acts that are necessary to deter and prosecute criminal acts. In the other, private self-help, public law enforcement is largely supplanted by providing incentives to individuals to self-protect against crime. There are any number of nuances and complications in each of these competing stories, but the literature buys into this binary matrix.

Shall We Overcome? Transcending Race, Class, And Ideology Through Interest Convergence, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

In the past year we have celebrated a number of civil rights milestones: the fiftieth anniversary of Brown v. Board of Education; the fortieth anniversaries of the March on Washington and of the Civil Rights Act of 1964. Collectively our nation now venerates our most progressive, socially transforming legal edicts, even as we accept, or ignore, persistent racial inequality. Much has been written about the limits and modern meaning of Brown. Elsewhere I have argued that we have failed to live up to the integrationist vision that animated Brown and the civil rights movement, primarily because our neighborhoods remain …

2005-2006 Lynn University Women's Basketball Media Guide, Lynn University Athletics

Athletics Media Guides

The 2005-2006 Lynn University Women's Basketball Media Guide is a product of the Lynn University Sports Information Office.

2005 Lynn University Men's Baseball Media Guide, Lynn University Athletics

Athletics Media Guides

The 2005 Lynn University Baseball Media Guide is a production of the Lynn University Office of Sports Information, Chad Beattie, Director.

Four Models Of Equality, Po-Jen Yap

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Beyond Tinkering: Economics After Behavioral Economics, Stephen E. Ellis, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This paper assesses the current state of law and economics, standard and behavioral, and proposes an additional element to the basic belief-desire apparatus of economic theory in order to create a more unified theory of behavior.

The first part of the paper assesses the current status of standard economic theory. While standard models have had their successes, a large and growing body of empirical evidence reveals that people often fail to live up its rational-actor ideal. In response, economists usually stick with standard consumer theory and attempt to explain the anomalous results by referring to some overlooked input (e.g., some …

The Courts And The Politics Of Prison Reform, Heather L. Garvock

Senior Honors Theses and Projects

No abstract provided.

The Ictr And Justice For Rwandan Women, Mark A. Drumbl

Scholarly Articles

In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?

Longwood University Catalog 2005-2006, Longwood University

Undergraduate Catalogs

No abstract provided.

No.25 An Order Amending Executive Order No. 19, Relative To The Governor’S Task Force On The Use Of Enhancement Factors In Criminal Sentencing, Phil Bredesen

Executive Orders

No abstract provided.

Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz

Law Faculty Scholarship

Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who …

Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies

Law Faculty Scholarship

Prosecutors face the continual temptation to overreach in decisions about the control of information. At each phase of a criminal proceeding, from investigation through trial, prosecutors make crucial decisions about information to disclose and highlight with courts, juries, and the public. In ordinary times, courts, defense counsel, the media, and internal sources of oversight can place some constraints, however tenuous, on the prosecutor’s efforts to monopolize the management of information. However, external events, such as the attacks of September 11, 2001, can weaken these constraints, producing alarming spikes in prosecutorial power.

From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash

Cardozo Journal of Equal Rights & Social Justice

The article critiques traditional feminist legal theory for its narrow view of privacy as inherently oppressive, particularly for women of color. It argues that privacy can be a source of empowerment and safety for Black women, challenging the one-size-fits-all approach of mainstream feminist theory. The author advocates for a more nuanced, intersectional perspective that considers how privacy affects different groups differently.

Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman

Cardozo Journal of Equal Rights & Social Justice

The Rockefeller Drug Laws of 1973, among the harshest in the nation, have failed to reduce drug trafficking or abuse and have instead led to unjust outcomes, disproportionately impacting racial minorities and women. These laws, which mandate draconian sentences based solely on drug type and quantity, tie judges' hands and prioritize incarceration over treatment, despite evidence that treatment is more cost-effective and reduces recidivism. Recent reforms offer some progress, but significant systemic changes are needed to address the laws' ongoing harm and restore judicial discretion in sentencing.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Are Murders Equal In The Eyes Of The Media?: A Study Of Race, Gender, Class And Quality Of Coverage, Tobie Marie Blanchard

LSU Master's Theses

Crime news is an important component of local news. A literature review suggested that the media’s coverage of crime news can reveal vital information about media routines and biases. The main issue in this study is race and the media. The subtext of crime news and how the media cover different races when dealing with crime can speak to the larger issues of race and the media. The primary focus of this study was to examine how the media cover victims of murder, but more specifically to investigate any differences that may exist in how they cover White and Black …