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Aiding Clinical Education Abroad: What Can Be Gained And The Learning Curve On How To Do So Effectively, Leah Wortham

Scholarly Articles

The author advocates donor support for clinical education projects abroad and outlines the minimal requisites that she would have for such projects - direct experience with disadvantaged clients, faculty involvement, and sincerity and integrity of organizers. She cautions against funders and consultants pressing new clinics to fit American clinical models. She provides sample reporting questions that would require projects to reflect on goals sought and results achieved. She draws lessons for efforts to assist clinics abroad from critiques of the law and development movement (LDM), the last major international initiative in legal education reform; more recent efforts termed the New …

The Impact Of The War Over The Corporate Attorney-Client Privilege On The Business Of American Health Care, Sarah Helene Duggin

Scholarly Articles

The purpose of this article is to review the current dispute over the corporate attorney-client privilege and work product doctrine and to explore its impact on the provision of health care. The article's principal thesis is that a strong attorney-client privilege, along with robust work product protection, is critical to the business of health care, the quality of medical services, and the effective enforcement of federal and state health care laws. Part I begins with a brief account of the origins and scope of the conflict between federal law enforcement policies and the corporate attorney-client privilege and work product doctrine …

Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker

Fordham International Law Journal

In Part I, this Note will discuss the current epidemic of human trafficking, the various ways the United Nations and the United States have attempted to combat trafficking, and highlight the importance of U.S. prosecutorial duties of witness protection that are especially implicated in human trafficking cases. Part II will present criticisms of efforts by the United Nations and the United States to protect victims of trafficking and their family members. This part will also focus on current U.S. protections afforded to families of human trafficking survivors and programs such as the Witness Security Program, from which U.S. lawmakers may …

Coming Out Of Denial: An Analysis Of Aids Law And Policy In China (1987-2006), John Balzano, Jia Ping

Loyola University Chicago International Law Review

No abstract provided.

The English Law Of Legal Professional Privilege: A Guide For American Attorneys, Richard S. Pike

Loyola University Chicago International Law Review

No abstract provided.

The Guantanamo Protective Order, Brendan M. Driscoll

Fordham International Law Journal

This Note analyzes the Green Protective Order, and the arguments of its proponents and critics. It aims to facilitate broader public awareness of an issue that, while not commanding newspaper headlines, may actually have greater consequence for Guantánamo prisoners and their counsel than those issues that do attract mass media attention. Part I provides a brief background on protective orders in general and their use in cases involving confidential national security, before examining the Green Protective Order in detail. Part II considers, in detail, three different assessments of the Green Protective Order named above, as these positions have been articulated …

Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman

Fordham International Law Journal

This Essay examines the Bush Administration's use of a tactic in the “War on Terror” called “extraordinary rendition.” The term extraordinary rendition refers to the process by which alleged terrorists are captured by the U.S. Government, transferred to another country, interrogated, and possibly tortured--all without judicial involvement--so the U.S. Government may attempt to uncover possible terrorist activity. Extraordinary rendition thus differs from ordinary forms of rendition, since the latter refers broadly to any circumstance where a government takes or transfers custody of a person by means of procedures outside those of extradition treaties.

Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton

Fordham International Law Journal

One phrase from a memorandum issued by President George W. Bush early in the War on Terror offers an effective summary of a radically transformed military doctrine. “As a matter of policy,” Bush wrote, “the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The statement offered a sense of assurance of continuity of U.S. military doctrine, which many generations viewed as being at or near the vanguard in assuring high standards for the treatment of military prisoners. This was …

Arkansas Soccer, 2006, University Of Arkansas, Fayetteville. Athletics Media Relations, University Of Arkansas, Fayetteville. Women's Athletics Department. Women's Communications Office, University Of Arkansas, Fayetteville. Women's Athletics Department. Women's Sports Information Office

Arkansas Soccer

No abstract provided.

Founders Day & Honors Convocation 2006, Prairie View A&M University

President Emeritus George C. Wright Speeches

No abstract provided.

The Original Intent Of Uniformity In Federal Sentencing, Michael M. O'Hear

Faculty Publications

This Article recounts the rise and evolution of the uniformity ideal in federal sentencing, that is, the notion that similarly situated offenders should be treated similarly, and differently situated offenders differently. The uniformity ideal was championed by many critics of rehabilitative approaches in the 1970s and strongly influenced the adoption of federal sentencing guidelines in the 1980s. However, uniformity has been an unstable concept, with proponents articulating quite different views as to why uniformity is desirable and how it should be implemented. Much of the difficulty stems from the tension between two distinct approaches to uniformity, which are described here …

Victims And Criminal Justice: What’S Next?, Michael M. O'Hear

Faculty Publications

No abstract provided.

Annual Report, Fiscal Year 2005-2006, Tennessee. Bureau Of Investigation

Annual Reports

This document is the annual report for the TBI during the fiscal year.

Crime In Tennessee 2006, Tennessee. Bureau Of Investigation

Crime in Tennessee

The information contained in the report is based upon crime statistics information submitted by all law enforcement agencies in Tennessee to TBI’s Tennessee Incident Based Reporting System (TIBRS) Program. TIBRS is the state version of the FBI’s National Incident Based Reporting System (NIBRS) Program.

The Inaugural Issue Of The Journal Of Knowledge And Best Practices In Juvenile Justice And Psychology

Contemporary Issues in Juvenile Justice

No abstract provided.

Annual Report, Fiscal Year 2006, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

When May A Judge, Instead Of A Jury, Find The Facts On Which A Criminal Sentence Is Based?, Michael M. O'Hear

Faculty Publications

No abstract provided.

Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins

Human Rights Brief

No abstract provided.

Analyzing Prison Sex: Reconciling Self-Expression With Safety, Brenda V. Smith

Human Rights Brief

No abstract provided.

Addiction And Substance Abuse In Nevada, An-Pyng Sun, Larry Ashley

Social Health of Nevada Reports

Substance abuse is known to cause a host of problems for individual users, their communities, and society as a whole. Its cost is staggering, as measured by lost productivity, medical illness, serious injuries, and premature death, as well as by resources required to run criminal justice system and special education programs (Meara & Frank, 2005). The substance abuse problem is global in scope. Consider these figures released by the United Nations’ 2005 World Drug Report[WDR] (United Nations, Office on Drug and Crime, 2005),

• In 2003-2004, about 200 million people, or 5% of the world’s population age 15-64, had used illicit …

Removing The Vestiges Of Discrimination: Criminal Disenfranchisement Laws And Strategies For Challenging Them, Carl N. Frazier

Kentucky Law Journal

No abstract provided.

Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn

Journal Articles

No abstract provided.

Assessing Legal Responses To Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes Than Punitive Responses, Elizabeth E. Coleman, Monica K. Miller

Journal of Law and Health

Expressing a growing concern for fetal well being, the 2006 Idaho Senate passed legislation that permits criminal charges to be brought against women who abuse illegal drugs while pregnant. This bill allows for the potential incarceration of violators for up to five years, as well as a possible $50,000 fine. In some locations, women have the option of choosing to go to drug court instead of serving time in jail or prison. These drug courts provide drug treatment, case management, drug testing, and supervision, while requiring women who abuse illegal drugs to regularly report to scheduled status hearings before a …

Into The Future: Confirming Our Common Vision, Canadian Forum On Civil Justice

Canadian Forum on Civil Justice

Following Part I of the Into the Future conference in May of this year it was clear that the findings of the 1996 Systems of Civil Justice Task Force Report have been widely accepted, and that many of the recommendations made in that report have been implemented by various Canadian jurisdictions. It was equally clear however that the fundamental problems described in the Report - cost, delay and complexity inhibiting access to justice - have not been resolved, and they remain for virtually all jurisdictions, serious and pressing concerns. This document is written in anticipation of Part II of the …

Goodbye To Affidavits - Improving The Federal Affidavit Substitute Statute, Ira Shiflett

Cleveland State Law Review

Thirty years ago, Congress recognized that the costs of notarization generally outweighed the benefits. In 1976, Congress enacted 28 U.S.C. § 1746, intending to limit the circumstances in which a notary would be required. Section 1746 provides that whenever a document is required to be supported by a notarized statement other than a deposition, an oath of office, or an oath required to be taken before an official other than a notary, a declaration under penalty of perjury is a sufficient substitute. Congress recognized that it could be inconvenient to find a notary, especially on the weekends or for people …

Inconsistent Methods For The Adjudication Of Alleged Mentally Retarded Individuals: A Comparison Of Ohio's And Georgia's Post-Atkins Frameworks For Determining Mental Retardation, Scott R. Poe

Cleveland State Law Review

This Note compares Ohio's and Georgia's post-Atkins frameworks for determining mental retardation. Ohio's framework offers a fairer application of Atkins and should serve as a guide for a national legal standard for use by state trial courts to determine mental retardation. Specifically, Ohio's use of preponderance of the evidence is a more appropriate standard of proof for determining mental retardation because it better reaches the overall goal in Atkins. Allowing the judge to make the mental retardation determination protects the alleged mentally retarded defendant from potential jury bias. Because Ohio's and Georgia's definitions of mental retardation are substantially similar and …

Military Justice In The South, 1865-1868: South Carolina As A Test Case , Thomas D. Morris

Cleveland State Law Review

The end of Reconstruction involved an intricate interplay of legal rights and remedies with a bloody mix of racial violence. That is another story. What I have endeavored to address here is the role of the military in the first few years following the military defeat and surrender of the Confederacy.

Booker And Our Brave New World: The Tension Among The Federal Sentencing Guidelines, Judicial Discretion, And A Defendant's Constitutional Right To Trial By Jury, Kristina Walter

Cleveland State Law Review

This Note examines the inherent conflict among the Federal Sentencing Guidelines, judicial discretion, and a defendant's Sixth Amendment right to a trial by jury. Part two of this Note will provide a historical overview of the Guidelines. Part three will discuss the application of the Guidelines and the role of juries and judges at sentencing hearings. Part four will highlight criticisms relating to how the Guidelines often usurp power from juries and judges. Part five will examine the milestone cases of Blakely v. Washington, United States v. Booker, and United States v. Fanfan (hereinafter "Booker" refers to the combined cases …

"But I'M An Adult Now … Sort Of" Adolescent Consent In Health Care Decision-Making And The Adolescent Brain, Paul Arshagouni

Journal of Health Care Law and Policy

No abstract provided.

The Reform Path Of The Chinese Judiciary: Progress Or Stand-Still?, Jonas Grimheden

Fordham International Law Journal

In the later part of 2007 China will be at yet another watershed moment. The 17th Party Congress will be held, where new leaders of China will jockey into position. Will these leaders proceed on the slow and cautious trail set out by their predecessors? Will they regress to the demands of the ultra-conservative “left-wingers”? Or will the likely rejuvenated leadership be bold enough to face the many challenges with a more progressive agenda? This Essay addresses these questions by briefly describing and analyzing the development and the potential of the Chinese judiciary. In this analysis, the judiciary functions more …