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Untangling The Legal Paradigm Of Indefinite Detention: Security, Liberty And False Dichotomy In The Aftermath Of 9/11, Saby Ghoshray

St. Thomas Law Review

While exploring the full scope of the governmental abuse of power since 9/11 in the first thread, I restrict my examination to a narrow scope of indefinite detention and explore whether the heightened need for security necessarily gives rise to abuses of power. This is especially important, as the fundamental rights to liberty of some individuals could be subject to a much stricter interpretation of the governing legal principles. This inquiry runs parallel to my analysis as to whether the heightened security need post-9/11 created new constitutional grounds to mask the fundamental right to liberty. The second thread of this …

What Is Johnny Doing In The Library - Libraries, The U.S.A. Patriot Act, And Its Amendments, Karl T. Gruben

St. Thomas Law Review

A cornerstone of democracy in the United States is the freedom to think whatever we wish to think. Actions, of course, are a different matter, but any thought that can be thought is just fine: under the First Amendment we may not be prosecuted for what we are thinking. The First Amendment guarantees several other freedoms, among them the freedoms of speech and association. To enjoy the freedom of thought to which we are constitutionally entitled we must be able freely to explore the world of ideas to cultivate thoughts and other, possibly new, ideas. Reading and communicating with others …

Longwood University Graduate Catalog 2006-2007, Longwood University

Graduate Catalogs

No abstract provided.

The Emergence Of Public Prosecution In London, 1790-1850, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

Historians of English criminal justice administration have long asserted that criminal prosecution in England before the second half of the nineteenth century was overwhelmingly "private" in nature. Before the mid-nineteenth century, so the received wisdom goes, "prosecution was almost invariably the sole responsibility of the victim." As the subject's leading historian has observed, "the typical prosecution" in England in the eighteenth and early nineteenth century was "at the initiative of a private citizen who was the victim of a crime and who conducted the prosecution in almost all cases." Indeed, Parliament did not even establish a public prosecutor's office until …

Looking Over A Crowd And Picking Your Friends: Civil Rights And The Debate Over The Influence Of Foreign And International Human Rights Law On The Interpretation Of The U.S. Constitution, Stanley A. Halpin

UC Law SF International Law Review

Since the 1940s Civil Rights advocates have attempted, with little success, to use International Human Rights law to protect the rights of African Americans in the United States. However, in recent terms, the United States Supreme Court has seemingly opened the door, at least a crack, to some limited recognition of international human rights norms as a legitimate influence upon their interpretation of the Constitution. This article examines the efforts of Civil Rights Advocates to utilize human rights law and develops from this history four models of enforcement of human rights law in the United States. It details the Court's …

Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell

Articles

No abstract provided.

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger

Fordham Urban Law Journal

This article focuses on the reality that women's relationality, and particularly their relationships with men in their lives, profoundly affects the behavior that lands them in the criminal justice system. The author argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender an as interacting subject/agent, is a necessary avenue of response to most women offenders' crimes, and that corrections must go beyond a psychological approach that treats crimes as a form of illness, or a systematic model which attempts primarily to rectify deficits in women's social situation.

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

Fordham Urban Law Journal

This Article addresses whether Miranda v. Arizona should apply to students interrogated by school officials during school hours. First, the article provides a brief overview of the law of minors and confessions. Next, it considers the increasing law enforcement presence on our school campuses and evaluates how this presence affects the role of school officials. Finally, the high level of cooperation between law enforcement and school officials in criminal law enforcement is considered to determine whether Miranda should apply in the principal's office.

0554-1 Analysis Of The 2006 Ballot Proposals, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Defining Rape: A Means To Achieve Justice In The Special Court For Sierra Leone, Thekla Hansen-Young

Chicago Journal of International Law

The SCSL should adopt a definition of rape that best balances the competing interests of promoting human dignity, gender equality, and victims' rights, on one hand; and providing due process to defendants, on the other hand. Part I of this paper briefly describes the conflict in Sierra Leone and analyzes the relevant SCSL provisions-the Special Court's Statute and Rules of Procedure and Evidence. Part II describes the international precedent developed by the ICTR, ICTY, and ICC. Having explored the provisions and goals of the SCSL and the international precedent, Part III presents several issues the SCSL must consider when choosing …

Class Notes, Linfield Magazine Staff, Beth Rogers Thompson, Laura Davis

Linfield Magazine

News about Linfield alumni

Recent Efforts To Make Nebraska Juries More Representative Of Their Communities, Carly Duvall, Elizabeth Neeley

University of Nebraska Public Policy Center: Publications

According to the Minority and Justice Task Force Report (2003), “the majority of Nebraskans believe that it is important that juries reflect the racial and ethnic makeup of the community.” Preliminary data obtained as part of the Task Force’s inquiry into representation of minorities on petit juries call into question whether Nebraska juries are representative of their communities. This concern has prompted several statewide policy reforms that are designed to increase representation of minorities on juries regardless of whether there has been a problem in the State. The first reform involved regular refreshing of jury pool lists (LB 19 and …

No Simple Solutions: Housing Ch's Most Vulnerable Families, Susan J. Popkin

Northwestern Journal of Law & Social Policy

No abstract provided.

Morehead State Eagles 2006-07 Basketball, Morehead State University. Office Of Athletics.

Morehead State Sports Team Programs

The 2006-2007 official media guide of the Morehead State University basketball team.

Treatment At The Front End Of The Criminal Justice Continuum: The Association Between Arrest And Admission Into Specialty Substance Abuse Treatment, Sheryl Kubiak, Cynthia L. Arfken, James A. Swartz, Alison L. Koch

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

To reduce criminal recidivism and drug use, it has been proposed that the substance abuse treatment delivery system cut across different components of the criminal justice continuum. Arrest, at the front end of this continuum, may represent a critical moment to motivate people with substance use disorders (SUD) to seek treatment but is often over looked as an intervention point. We used data from the 2002 National Survey on Drug Use and Health (NSDUH) to compare treatment need and recent treatment admission for participants with no criminal justice (CJ) involvement in the past year, past-year arrest, and CJ …

Creole And Unusual Punishment - A Tenth Anniversary Examination Of Louisiana's Capital Rape Statute, James H. S. Levine

Villanova Law Review (1956 - )

No abstract provided.

Concerning Changes To Strengthen The State Criminal Procedural Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Report Of The President 2006-2007, Indiana State University. Office Of The President; Benjamin, Lloyd W.

Office of the President

No abstract provided.

Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler

Articles

No abstract provided.

Our Ignorance About Intelligence, Richard A. Epstein

Articles

No abstract provided.

Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.

Celebrating Great Lawyering (Reviewing Welsh S. White, Litigating In The Shadow Of Death: Defense Attorneys In Capital Cases, By Welsh S. White (2006)), Albert W. Alschuler

Articles

No abstract provided.

Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig

Articles

In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than twenty years later, the three most populous cities in the United States-New York, Chicago, and, most recently, Los Angeles-have all adopted at least some aspect of Wilson and Kelling's theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the …

Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie

Articles

No abstract provided.

Has Everything Been Decided?: Certainty, The Charter And Criminal Justice, James Stribopoulos

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

Introduction, Elijah E. Cummings

Journal of Health Care Law and Policy

No abstract provided.

A Study Of Juror Expectations And Demands Concerning Scientific Evidence: Does The "Csi Effect" Exist?, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak

Vanderbilt Journal of Entertainment & Technology Law

This article is the first empirical study of jurors designed to investigate the existence and extent of the "CSI effect." The authors conducted a survey of 1027 persons who had been called for jury duty in a Michigan state court during a nine-week period in June, July and August, 2006. This survey examined the summoned jurors' demographic information, television viewing habits, their expectations that the prosecutor would produce scientific evidence and whether they would demand scientific evidence as a condition of a guilty verdict.

This study of juror expectations and demands about scientific evidence in relationship to other types of …

R. V. Henry: Self-Incrimination And Self-Reflection In The Supreme Court, Gary Trotter

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

Courts, Cops, Citizens, And Criminals: How Courts Misapply Seibertto Question-First Interrogations And How They Can Fix It, Justin D. Heminger

American University Criminal Law Brief

No abstract provided.

Writing About The Death Penalty, Douglas Hay

Articles & Book Chapters

A retrospective look at 'Property, Authority, and the Criminal Law' (1975), Douglas Hay's analysis of eighteenth-century English criminal law, by the author, responding to comments by John Beattie, Jim Phillips, and James Muir in a symposium 'thirty years after'. It includes an analysis of recent scholarship on capital punishment and the use of executive pardons in the eighteenth century.