Digital Commons Network^™

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

UC Law Journal

Two years ago, on the fortieth anniversary of Gideon v. Wainwright, the Constitution Project and the National Legal Aid & Defender Association formed a partnership-funded by several organizations -to consider the way in which the Sixth Amendment right to counsel actually functions in criminal cases throughout the United States. The concept was to create a truly national committee with participants from every relevant sector of the criminal justice system, which would conduct research throughout our country, advise our fellow citizens on the matter, and construct recommendations for reform. The authors serve as Reporters to the Committee.

The national research took …

The Rebirth Of Morrissey: Towards A Coherent Theory Of Due Process For Prisoners And Parolees, Sharif A. Jacob

UC Law Journal

The Supreme Court's due process jurisprudence has variously relied on two inconsistent theories of due process. Until the 1970s, the Supreme Court located liberty interests in the power of the state. In 1972, the Supreme Court issued Morrissey v. Brewer, a landmark decision that instead located liberty interests in the natural condition of man. Morrissey expanded due process protections for prisoners and outlined a coherent standard by which due process claims could be adjudicated. However, over the next two decades, the Supreme Court retreated from this standard of due process, circumscribing the protections Morrissey afforded.

This Note demonstrates that recent …

Between A Rock And A Hard Place: The Legacy Of Castle Rock V. Gonzales, Lynn A. Combs

UC Law Journal

Despite systemic reforms during the late twentieth century, domestic violence victims still face a troubling threat from their abusers. Town of Castle Rock v. Gonzales, which holds that there is no constitutional right guaranteeing that police will enforce restraining orders, highlights a disjunction between the legal reality, which is rooted in law enforcement's discretion, and the social reality, where intimate partners are perpetrating acts of violence because restraining orders afford victims little protection. According to Castle Rock, even statutes that seemingly mandate abuser arrests may still allow police officers significant discretion to determine how, when, and if they need to …

The Prosecutor’S Role: A Response To Professor Davis, Randall D. Eliason

American University Criminal Law Brief

No abstract provided.

Escaping A Life Of Abuse: Children Who Kill Their Batterers Andthe Proper Role Of “Battered Child Syndrome” In Their Defense, Julie Rowe

American University Criminal Law Brief

No abstract provided.

Volume 2, Issue 2, The Modern American

The Modern American

No abstract provided.

Conference Highlight - Panel: From Inmate To Legal Advocate , Kemba Smith

The Modern American

No abstract provided.

Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones

The Modern American

No abstract provided.

Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith

The Modern American

No abstract provided.

Living By The Sword: The Free Exercise Of Religion And The Sikh Struggle For The Right To Carry A Kirpan, Rishi S. Bagga

The Modern American

No abstract provided.

Reevaluating Capital Punishment: The Fallacy Of A Foolproof System, The Focus On Reform, And The International Factor, Greta Proctor

Law Student Scholarship

No abstract provided.

Affirming Michigan’S Action: The Michigan Journal Of Race & Law's Response To Dr. Carcieri's Grutter V. Bollinger And Civil Disobedience, Adam Blumenkrantz, Jason Belmont Conn, Amrita Mallik, Michael Murphy

Faculty Scholarship

No abstract provided.

The Blaming Function Of Entity Criminal Liability, Samuel W. Buell

Faculty Scholarship

Application of the doctrine of entity criminal liability, which had only a thin tort-like rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability's place in the criminal law. An organization's role in its agent's bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent's wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an institution for a wrong. …

Where Do Universal Human Rights Begin?, George Critchlow

Journal of Hate Studies

I have enormous respect for Temple Beth Shalom, what it stands for, its congregation, and those individuals whom I have come to know and count as friends. I am deeply honored and privileged to be invited to speak to you on this Day of Remembrance–especially in light of the occasion to recognize the 60 years that have now passed since the establishment of a new rule of law and accountability regarding war crimes and crimes against humanity at the Nuremberg Military Tribunal in 1946.

Self, Other And The Sociopolitical In Politically Active Women Survivors Of Domestic Violence, Molly Ann Hedrick

Open Access Dissertations

This research examined experiences with interpersonal, intrapersonal, and structural violence in politically active women survivors of domestic violence. This study also explored how (if at all) these women described processes which Freire (2003) called critical consciousness and liberating action, and what these women can tell us about the processes of change. Participants were 16 survivors of domestic violence recruited from Sisters Overcoming Abusive Relationships (SOAR) in Rhode Island. SOAR is an organization run entirely by survivors of domestic violence and provides political activism with the goal of ending domestic violence. I utilized a mixed-methods, transformative and social constructivist concurrent design. …

Anti-Racketeering Legislation In America, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield

UIC Law Review

No abstract provided.

Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona

UIC Law Review

No abstract provided.

Adjudicated On The Merits?: Why The Aedpa Requires State Courts To Exhibit Their Reasoning, 39 J. Marshall L. Rev. 995 (2006), Ezra Spilke

UIC Law Review

No abstract provided.

Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner

UIC Law Review

No abstract provided.

Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys

UIC Law Review

No abstract provided.

Concerning Sexually Violent Predators, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Creation Of A Surcharge To Be Paid By Persons Convicted Of Certain Crimes Against Children, And Making An Appropriation Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2006, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Modifications To The Statutory Requirements Of Part 3 Of Article 4.1 Of Title 24, Colorado Revised Statutes., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Creation Of Community Policing Programs By Local Law Enforcement Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

House Joint Resolution 06-1023, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.