Digital Commons Network^™

An Integrated Framework For Modeling And Simulation Of The U.S. Southern Border: A Border Patrol Perspective, Shannon R. Bowling, Ghaith Rabadi, Charles Keating

Engineering Management & Systems Engineering Faculty Publications

Border Security is a complex system consisting of many interrelated components that must function as a whole in order to be effective. The efficacy of border security is dependent on several independent agencies; these include U.S. Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ), state and local law enforcement, and many others. Border security is not only a function of how well each of the agencies perform individually but also how well they interact to accomplish a goal. This paper attempts to model border security from a Border Patrol (BP) perspective using discrete …

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of Federal Rules of Procedure and Evidence are scheduled for amendment on December 1, 2006, unless Congress amends them further or disapproves of the changes. The amendment to Rule 5 would remove a conflict between Rule 58 and Rule 5.1(a) concerning when a defendant is entitled to a preliminary hearing. Rule 6 would undergo purely technical changes making the rule conform to the writing conventions used in the restyling of the Criminal Rules. Rule 32.1 is being amended to permit the government to produce certified copies of the judgment, warrant, or warrant application by “reliable electronic means.” Under …

The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding

American University Law Review

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …

2006 Eastern Washington University Volleyball Program, Eastern Washington University. Associated Students

EWU Volleyball Programs

The program for the 2006 EWU volleyball season. The Eagles finished 20-9 that year and were coached by Wade Benson.

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ahysyen Ki Gen Kouraj, Mary Clark

University of Miami Inter-American Law Review

No abstract provided.

Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger

Maryland Law Review

No abstract provided.

Human Trafficking: Better Data, Strategy, And Reporting Needed To Enhance U.S. Antitrafficking Efforts Abroad, United States Government Accountability Office

Human Trafficking: Data and Documents

The U.S. government estimates that 600,000 to 800,000 persons are trafficked across international borders annually. However, such estimates of global human trafficking are questionable. The accuracy of the estimates is in doubt because of methodological weaknesses, gaps in data, and numerical discrepancies. For example, the U.S. government’s estimate was developed by one person who did not document all his work, so the estimate may not be replicable, casting doubt on its reliability. Moreover, country data are not available, reliable, or comparable. There is also a considerable discrepancy between the numbers of observed and estimated victims of human trafficking. The U.S. …

Focus Emu, March 21, 2006, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, January 24, 2006, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, January 10, 2006, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, December 12, 2006, Office Of Public Information

Focus EMU

No abstract provided.

Winter Commencement, December 17, 2006, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Spring Commencement, April 30, 2006, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Eastern Michigan University Class Schedule - Spring 2006, Office Of The Registrar

Class Schedules Collection

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 Spohn

Center on Children, Families, and the Law: 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 …

Concerning Dna Testing Of All Felons., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Subject Index Session Laws - 2006, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

The Story Of Crawford, Richard D. Friedman

Book Chapters

Michael Crawford had been charged with assault. At his trial, the prosecution offered a statement made in the police station on the night of the incident by Crawford's wife Sylvia, who did not testify at trial. He objected, in part on the ground that this violated his right under the Confrontation Clause. The trial court nevertheless admitted the statement, and Crawford was convicted. The Washington Supreme Court ultimately affirmed the judgment. In rejecting the Confrontation Clause challenge, that court purported to apply the then governing doctrine of Ohio v. Roberts, under which the Clause posed no obstacle to admissibility if …

Of Grace And Dignity In Law: A Tribute To Friedrich Schiller., Daniel H. Halberstam

Book Chapters

When we think of Friedrich Schiller's connection to the law, we usually think of the great playwright's rich treatment of criminal law and public order in his plays. Despite the fact that Schiller abandoned the study of law at an early age, thinking it too dry, Schiller's work frequently and explicitly dealt with legal issues. His main focus was crime and punishment, on the one hand, and revolution and state legitimacy, on the other. From Schiller's first play, Die Rauber to Fiesco, Don Carlos, Wallenstein, The Bride of Messina, and Wilhelm Tell, as well as many of the others, Schiller …

Compelled Self-Reporting And The Principle Against Compelled Self-Incrimination: Some Comparative Perspectives, Mark Berger

Faculty Works

This article examines the tension between mandatory self-reporting and identification statutes and the right to be free of compelled self-incrimination. The author reviews decisions addressing this issue taken by the European Court of Human Rights ('ECtHR'), the Privy Council, and the Supreme Courts of Canada and the United States. He then analyses applicable public policies and assesses the alternative approaches available to accommodate these conflicting interests.

Human Rights In Colombia, Mariko Frame

Human Rights & Human Welfare

With its notoriously vicious paramilitary death squads, rampant drug trade and collusive government, Colombia remains a complex and tumultuous nation. Needless to say, the human rights history of this country has been marked by political violence, absence of due process, and at times a general lawlessness that has made it perpetually unstable. Coupled with Colombia's domestic problems, U.S. involvement in its 'war on drugs' has exacerbated the situations that already were at a boiling point. With an ongoing power struggle between the government, the military and the drug lords, it is no exaggeration to describe Colombia as in a constant …

Dickerson V. United States: The Case That Disappointed Miranda's Critics - And Then Its Supporters, Yale Kamisar

Book Chapters

It is difficult, if not impossible, to discuss Dickerson1 intelligently without discussing Miranda whose constitutional status Dickerson reaffirmed (or, one might say, resuscitated). It is also difficult, if not impossible, to discuss the Dickerson case intelligently without discussing cases the Court has handed down in the five years since Dickerson was decided. The hard truth is that in those five years the reaffirmation of Miranda's constitutional status has become less and less meaningful. In this chapter I focus on the Court's characterization of statements elicited in violation of the Miranda warnings as not actually "coerced" or "compelled" but obtained merely …

Unchain My Heart: Slavery As A Defense To The Dismantling Of The Violence Against Women Act, Angie Perone

UC Law SF Journal on Gender and Justice

When Congress passed the Violence Against Women Act ("VAWA"), it aimed to address pervasive problems associated with gender-motivated violence. Through inclusion of a section entitled "Civil Rights for Women," Congress specifically created a federal civil rights remedy for victims of gender-motivated violence. Nevertheless, the U.S. Supreme Court invalidated the civil rights remedy provision of the VAWA, claiming that Congress lacked authority to pass this provision under the Commerce Clause and the 14th Amendment. This Note argues that Congress has authority under the 13th Amendment to reinvigorate the civil rights remedy in the VAWA. This Note compares antebellum slavery to domestic …

From Hockey Gloves To Handcuffs: The Need For Criminal Sanctions In Professional Ice Hockey, Tracey Oh

UC Law SF Communications and Entertainment Journal

Citing recent on-ice incidents, this article argues that the level of violence in the National Hockey League (NHL) has grown out of control. The NHL's sanctions have been unable to deter the steadily increasing amount of violence in the sport. The article argues that allowing courts to intervene and impose criminal sanctions against on-ice offenders would send a strong message to the players, and promote a sense of social responsibility.

Supermajoritarianism And The American Criminal Jury, Ethan J. Leib

UC Law Constitutional Quarterly

In Apodaca v. Oregon and Johnson v. Louisiana, the Supreme Court allowed the relaxation of the decision rule most commonly associated with criminal jury felony verdicts and held that unanimity in state criminal cases is not constitutionally required. The Court announced that states were allowed to use 10-2 and 9-3 verdicts in non-capital state cases in contravention of the traditional rule requiring unanimity. The Court argued that the essential function of the jury is to place between the accused and the state a commonsense group of laymen representing a cross-section of the community-and that relaxation of the unanimity requirement would …

Anatomy Of A Wrongful Conviction: Theoretical Implications And Practical Solutions, Daniel S. Medwed

Villanova Law Review (1956 - )

No abstract provided.

A Veil Of Genetic Ignorance - Protecting Genetic Privacy To Ensure Equality, Radhika Rao

Villanova Law Review (1956 - )

No abstract provided.

Is It A Prosecutor’S World?: Determinants Of Count Bargaining Decisions, Jeremy Ball

Criminal Justice Faculty Publications and Presentations

Scholars agree that the American prosecutor possesses a great amount of discretion (see Albonetti, 1987; Kersetter, 1990; Thomas & Fitch, 1976). Scholars also agree that such discretion has the potential to result in discrimination in the form of unwarranted disparity (Walker, Spohn, & DeLone, 2000). American prosecutors use their discretion to make initial charging decisions, to seek the death penalty, and to negotiate plea agreements.

One of the most profound and frequently studied issues in the American criminal justice system is racial discrimination. Research indicates that Black offenders are disproportionately represented in prison populations (Blumstein, Cohen, Martin, & Tonry, 1983; …

Graduate Course Descriptions, 2006 Winter, Wright State University

Course Descriptions

Wright State University graduate course descriptions from Winter 2006.

When Liberty And Security Collide: Foreign Policy Litigation And The Federal Judiciary, Kirk A. Randazzo

Kentucky Law Journal

No abstract provided.