Digital Commons Network^™

Transnational Judicial Discource And Felon Disenfranchisement: Re-Examining Richardson V. Ramirez, Jason Morgan-Foster

Tulsa Journal of Comparative and International Law

No abstract provided.

Enhancing Employment Opportunities For Indigenous Victorians : A Review Of The Literature, Nola Purdie, Tracey Frigo, Alison Stone, Wendy Dick

Indigenous Education Research

This paper was completed under contract to the State of Victoria through the State Services Authority. It draws on recent Victorian, Australian, and international literature in order to provide an overview of the barriers to, and drivers of successful workforce participation for Indigenous Victorians. Some barriers and drivers are generic, and thus apply to most people; other barriers and drivers are specific to Indigenous Australians; a few barriers and drivers apply specifically to Indigenous Victorians. The disadvantage that accrues from Indigenous unemployment is unrelenting and immense. This disadvantage may well become worse as the Indigenous .baby boom. increasingly reaches working …

Multicultural Perspectives On Delinquency Etiology And Intervention, Richard E. Redding, Bruce Arrigo

Working Paper Series

In this chapter, we consider the possible reasons for the overrepresentation of African-American youth in the juvenile and criminal justice systems. We review research on discrimination in the justice system and possible differences between African American and White youth in the key risk factors for delinquency that exist at the individual, family, and peer-group and neighborhood levels. Based on these findings, we provide recommendations for treatments and interventions aimed at preventing and reducing offending and justice system involvement among African-American youth.

Cheating The Constitution, Pamela R. Metzger

Vanderbilt Law Review

It is constitutional black letter law. To obtain a criminal conviction, the prosecution must prove every element of the offense, by proof beyond a reasonable doubt. The Constitution entitles a defendant to confront and cross-examine all witnesses against him. Yet, for the past thirty years, state legislatures have quietly approved laws that cheat the Constitution. These laws fly, undetected, beneath the constitutional radar, violating fundamental constitutional rights.

Although other constitutional cheats abound, this Article examines one archetypical example of constitutional cheating: statutes that permit state prosecutors to use hearsay state crime laboratory reports, in lieu of live witness testimony, to …

Exile, Amnesty And International Law, Leila Nadya Sadat

Notre Dame Law Review

This Article examines recent state and international practice regarding amnesties for jus cogens crimes, particularly cases from Latin America as well as international courts and tribunals, and explores the transnational legal dialogue between courts, and to a lesser degree, legislatures, that has led to international norm creation in this area, strengthening the prohibition against amnesties considerably. At the same time, constraints upon the exercise of universal jurisdiction, whether imposed by legislatures, articulated in judicial opinions, or created by international treaty, have provided a political check to the otherwise unbounded exercise of universal jurisdiction by states and the exercise of universal …

Full Faith And Republican Gaurantees: Gay Marriage, Fmpa, And The Courts, John C. Eastman

Brigham Young University Journal of Public Law

No abstract provided.

"Art For A Better Life:" A New Image Of American Legal Education, Kara Abramson

Brigham Young University Education and Law Journal

No abstract provided.

A Case-By-Case Comparison Of The Classification Of Law Enforcement And Vital Statistics Data On Homicide, Marc Riedel, Wendy C. Regoeczi

Sociology & Criminology Faculty Publications

This study uses data from the California Linked Homicide File as a basis for evaluating the validity and reliability of homicide data. Case-by-case comparisons of variables reported by both agencies indicate that agreement between law enforcement and vital statistics data is highest with classifying homicides and victim gender and race and lowest with classifying victim age, manslaughters, and police justifiable homicides. The findings from a multilevel analysis examining what types of cases are unable to be linked over the two data-collection systems reveal that homicides involving Hispanic victims, weapons other than handguns, and family members other than intimate partners and …

Social, Economic And Health Problems Associated With A Lack Of Access To The Courts, Mary Stratton, Travis Anderson

Canadian Forum on Civil Justice

The purpose of this report is to further understanding about the social consequences arising from both unresolved legal problems and the process of attempting to resolve such problems through the courts. Previous research has shown that a significant portion of the population, in Canada and internationally, regularly experience problems that are both difficult to resolve and have legal implications. Furthermore, it is suggested that socially disadvantaged groups are more likely to experience serious problems, and less likely to successfully resolve them.

Death Penalty Law, Holly Geerdes, Nikki Cox

Mercer Law Review

This Article surveys fifteen death penalty decisions of the United States Supreme Court from June 1, 2004 through June 20, 2005. It was written as a companion to Death Penalty Law, a survey of death penalty decisions of the Georgia Supreme Court from June 1, 2004 through May 31, 2005. Focusing on the Court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not concern holdings in capital cases that are common to other criminal appeals.

Cultural Defenses In Georgia: Cultural Pluralism And Justice - Can Georgia Have Both?, Hannah Yi Crockett

Georgia State University Law Review

No abstract provided.

Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Down And Out In San Antonio: The Constitutionality Of San Antonio's Anti-Homeless Ordinances., Justin Cook

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment addresses the constitutionality of two San Antonio anti-homeless ordinances which prohibit camping in public and aggressive panhandling. The population of San Antonio, Texas grows at a rapid rate. Mayor Ed Garza established a task force to address the homelessness problem in San Antonio. This task force developed a ten-year plan to end homelessness in the city. The plan proposed by the year 2014 all homeless individuals would have alternatives and access to safe, decent, and affordable housing as well as resources and support to sustain housing. However, not long after approving the proposal, San Antonio’s City Council presented …

Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson

The Scholar: St. Mary's Law Review on Race and Social Justice

It is illegal for Texas law enforcement agencies to racially profile people. However, Texas continues to deal with racial profiling among law enforcement officers. This article concerns the right to travel, unmolested by state action based upon race or ethnicity. Since passing the Fourteenth Amendment and its Equal Protection Clause, our legal system under-includes, and outright excludes, certain groups of people from its promise. Such racial disparities have lived in the United States Constitution since the authors drafted the three-fifths compromise at its inception. When considering the criminality of a group of people and the overpopulation in state prisons, many …

March 1, 2006 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Report Of The Working Group On The Lessons Of International Law, Norms, And Practice, Working Group On The Lessons Of International Law, Norms, And Practice

Nevada Law Journal

No abstract provided.

Graduate Course Descriptions, 2006 Spring, Wright State University

Course Descriptions

Wright State University graduate course descriptions from Spring 2006.

Cyber-Terrorism: Legal Principle And Law In The United Kingdom, Clive Walker

Penn State Law Review (2003 - Present)

No abstract provided.

Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Cherif Bassiouni

Georgia State University Law Review

No abstract provided.

Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs

UF Law Faculty Publications

Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …

Must We Trade Rights For Security? The Choice Between Smart, Harsh, Or Proportionate Security Strategies In Canada And Britain, Kent Roach

Cardozo Law Review

No abstract provided.

Partial Ban On Plea Bargains, Oren Gazal-Ayal

Cardozo Law Review

The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he chooses to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that both supporters and opponents …

Police Pursuits: A Comprehensive Look At The Broad Spectrum Of Police Pursuit Liability And Law, Patrick T. O'Connor, William L. Norse Jr.

Mercer Law Review

Law enforcement's need to pursue criminal suspects has existed, in all probability, since the first laws were ever written. From the days of travel by foot, to horse, and now in the age of motorized transportation, however, one thing has become clear: police pursuits can be extremely dangerous. In 2003 there were an estimated 35,000 police pursuits across the United States. Nearly forty percent of those pursuits, or 14,000, resulted in crashes. Of that number at least half resulted in injuries. Additionally, there were 350 pursuit-related fatalities. Of these fatalities, approximately one-third were innocent bystander deaths. A particularly challenging component …

Miranda, Please Report To The Principal's Office, Meg Penrose

Faculty Scholarship

The age of an alleged criminal offender undoubtedly affects his or her ability to appreciate the consequences of confessing to criminal behavior. Courts have long accepted that youth and inexperience impact an individual's ability to make a voluntary confession. Accordingly, this Article addresses whether Miranda v. Arizona--the seminal Fifth Amendment decision providing procedural rights to those enduring custodial interrogation--should apply to students interrogated by school officials during school hours. To answer this difficult question, this Article first provides a brief overview of the law of minors and confessions. Next, it considers the increasing law enforcement presence on our school …

Alaska Justice Forum ; Vol. 23, No. 1 (Spring 2006), Snodgrass Matthew N/A, Antonia Moras

Vols 21-30 (2004-2014)

The Spring 2006 issue of the Alaska Justice Forum features articles on case processing in sexual assault cases, a review of the report of the Rural Justice and Law Enforcement Commission, and a bibliography of six major commissions which have examined the spectrum of Alaska justice system issues since the early 1990s

Eastern, Spring/Summer 2006, Eastern Washington University. Division Of University Relations.

Alumni Publications

This issue contains articles on EWU men's basketball player Rodney Stuckey, Jack Sheehan's story of moving to Las Vegas, Dr. Jonathan Johnson's research on wolves in Yellowstone National Park, and how alumni have enjoyed retirement.

Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields - Or Sugar Pill Placebo, Aaron R. Harmon

North Carolina Journal of Law & Technology

No abstract provided.

Review Of Fathers Under Fire: The Revolution In Child Support Enforcement, By Irwin Garfinkel, Sara S. Mclanahan, Daniel R. Meyer, And Judith A. Seltzer, Ryan E. Spohn

Criminology and Criminal Justice Faculty Publications

The title of this book adequately reflects its timely focus on nonresidential fathers facing increased child support enforcement, examining how child support contributions (or failure to meet child support obligations) affect the lives of children as well as the fathers themselves. As the authors suggest, nonresident fathers have generally been treated as financial resources, with little attention paid to their rights as parents or their needs as providers for their children. A particular focus of this collection of studies is the role of indigent nonresident fathers and their role as parents and providers. Consequently, the scope of study adopted by …

The Judgment-Proof Society, Stephen G. Gilles

Washington and Lee Law Review

No abstract provided.