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2006

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Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger Jan 2006

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

Faculty Scholarship

The steep rise in female offenders since the 1960s has finally caused criminologists, lawyers, judges, and others to consider why they have not learned more about women offenders’ lives, in order to better understand and explain why they enter, and how they proceed through the criminal system. This article focuses on the reality that women’s relationality, and particularly their relationships with men in their lives, profoundly affect the behavior that lands them in the criminal justice system. This article argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender as an interacting …


Instituting Innocence Reform: Wisconsin's New Governance Experiment, Kate Kruse Jan 2006

Instituting Innocence Reform: Wisconsin's New Governance Experiment, Kate Kruse

Faculty Scholarship

The DNA exoneration cases of the past two decades have provided a window into what hasn't been working in the criminal justice system and an agenda for criminal justice reform. The challenge currently facing the innocence reform community is to translate this agenda into concrete reforms that institute and sustain best practices for the investigation and prosecution of crimes, while allowing flexibility for the understanding of best practices to continue to evolve. In 2005, Wisconsin underwent a breathtaking course of legal reform in two of the problem areas that have plagued wrongful convictions: mistaken eyewitness identification and false confession. The …


Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis Jan 2006

Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis

Michigan Journal of International Law

This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …


Global Markets And The Evolution Of Law In China And Japan, Takao Tanase Jan 2006

Global Markets And The Evolution Of Law In China And Japan, Takao Tanase

Michigan Journal of International Law

The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …


Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio Jan 2006

Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio

Law Faculty Articles and Essays

This Article will focus on some of the practical considerations underlying the decision to resort to a particular type of prosecution: international, hybrid, or national. Part II of this Article will describe the ICTY's referral of the Ademi/Norac case to Croatian national courts, focusing on the reasons underlying the referral, as well as on the appropriateness of the referral in light of international criminal law. Part III will then focus on the Special Court, in an effort to assess whether such a hybrid tribunal is a better form of international justice. Finally, Part IV will outline certain paradigms in an …


Dissolving The Divide: Cross-Racial Communication In The Restorative Justice Process, Krista Smith Jan 2006

Dissolving The Divide: Cross-Racial Communication In The Restorative Justice Process, Krista Smith

Dalhousie Journal of Legal Studies

Restorative justice encounters often bring together participants of differing races. The communication style of participants has a significant impact on such encounters. To date, the restorative justice literature has given little attention to the effect of cross-racial communication on the encounter process. This paper discusses this issue by exploring the risks and opportunities present when an individual from a traditionally marginalized race openly shares her experience of the crime with an individual from the dominant race. In order to draw these risks and opportunities into high relief, the author relies on a single example: a restorative justice encounter between a …


Authority Presence And The Effect On Prejudice, Nicole F. Hofman Jan 2006

Authority Presence And The Effect On Prejudice, Nicole F. Hofman

The Journal of Undergraduate Research

The current study analyzed the relationship between an authority figure's presence and the prevalence of prejudice when sentencing criminals. Eighteen undergraduate students (5 men and 13 women) aged 18 to 21 years, volunteered to participate in the study. Each participant completed the Implicit Association Test (lAT) and completed four fictitious criminal sentences. Significant support was not found for the current hypothesis, although more participants showed prejudice when the authority figure was absent compared to when the individual was present.Women showed prejudicial behavior more often then men when the authority figure was absent. Participants had a tendency to sentence longer for …


Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey Jan 2006

Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey

University of Colorado Law Review

The received wisdom, among feminists and others, is that historically the criminal justice system tolerated male violence against women. This article dramatically revises feminist understanding of the legal history of public responses to intimate homicide by showing that, in both the eastern and the western United States, men accused of killing their intimates often received stern punishment, including the death penalty, whereas women charged with similar crimes were treated leniently. Although no formal "battered woman's defense" existed in the late 1800s and early 1900s, courts and juries implicitly recognized one-and even extended it to abandoned women who killed their unfaithful …


The Psychological Assessment Of Applicants For Priesthood And Religious Life, Thomas G. Plante Jan 2006

The Psychological Assessment Of Applicants For Priesthood And Religious Life, Thomas G. Plante

Psychology

The recent clergy sexual abuse scandals in the Roman Catholic Church have focused a great deal of attention on how we evaluate applicants to the priesthood and religious life. The crisis has underscored the critical need to ensure that men who have a sexual predilection towards children be barred from entering religious life and priesthood. Additionally, men who have other significant psychiatric conditions that put them at risk of harming children or others have no place as Church leaders or clergy in positions where they have access to and power over vulnerable others.


Letter From The Editor, Laurita M. Denny Jan 2006

Letter From The Editor, Laurita M. Denny

American University Criminal Law Brief

No abstract provided.


Exponent Vol. 37, No. 23, 2006-04-05, University Of Alabama In Huntsville Jan 2006

Exponent Vol. 37, No. 23, 2006-04-05, University Of Alabama In Huntsville

2006

No abstract provided.


Catalog 2006-07, Dmacc Jan 2006

Catalog 2006-07, Dmacc

Catalogs

No abstract provided.


In Search Of Pirate's Treasure: The Control And Ownership Of Genetic Resource In The Mesoamerican Barrier Reef System, Daniel Rettig Jan 2006

In Search Of Pirate's Treasure: The Control And Ownership Of Genetic Resource In The Mesoamerican Barrier Reef System, Daniel Rettig

University of Miami Inter-American Law Review

No abstract provided.


Mental Health Courts: No Longer Experimental, Gregory L. Acquaviva Jan 2006

Mental Health Courts: No Longer Experimental, Gregory L. Acquaviva

Seton Hall Law Review

No abstract provided.


Coming Soon To A Court Near You—Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court's Sua Sponte Rejection Of Indigent Defendants' Right To Counsel, Douglas L. Colbert Jan 2006

Coming Soon To A Court Near You—Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court's Sua Sponte Rejection Of Indigent Defendants' Right To Counsel, Douglas L. Colbert

Seton Hall Law Review

No abstract provided.


Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby, Gerald S. Reamey Jan 2006

Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby, Gerald S. Reamey

Faculty Articles

The Supreme Court decision in Bates v. State Bar of Arizona ruled that lawyer advertising is commercial speech subject to First Amendment protection. However, a Texas disciplinary statute provided that “a lawyer shall not publicize himself, his partner, or associate…through newspaper or magazine advertisements, radio or television announcements…or other means of commercial publicity.” Despite being clearly unconstitutional, the Texas statute remained law for five years. Finally, responding to Bates in September 1977, the Texas State Bar Board of Directors adopted an official statement which allowed for limited advertising in newspapers, and only to the extent which was provided for by …


Criminal Procedure Rules Pending Public Comment, David A. Schlueter Jan 2006

Criminal Procedure Rules Pending Public Comment, David A. Schlueter

Faculty Articles

No abstract provided.


Teaching The Rules Of “Truth”, Jane H. Aiken Jan 2006

Teaching The Rules Of “Truth”, Jane H. Aiken

Saint Louis University Law Journal

No abstract provided.


Liberalism And Republicanism: In Federal Indian Law, Bethany Berger Jan 2006

Liberalism And Republicanism: In Federal Indian Law, Bethany Berger

Faculty Articles and Papers

This essay shows the ways that, despite apparent contradictions, tribal claims fit within the liberal and republican strands of American democratic theory. Critics of tribal sovereignty and, I believe, the modern Supreme Court, are influenced by the seeming conflict between tribal interests and a liberal philosophical framework. I argue that properly understood, most tribal claims do fit within classical liberal theory, with its emphasis on equality and freedom. It is true that some tribal claims are distinctly those of groups or peoples, and so cannot be adequately captured by an individualist liberal framework. Drawing on the later work of John …


Rejecting The Collateral Consequences Doctrine: Silence About Deportation May Or May Not Violate Strickland’S Performance Prong, Sarah Keefe Molina Jan 2006

Rejecting The Collateral Consequences Doctrine: Silence About Deportation May Or May Not Violate Strickland’S Performance Prong, Sarah Keefe Molina

Saint Louis University Law Journal

No abstract provided.


Exploring The Intersection Of Effectiveness & Autonomy In Capital Sentencing, Justin F. Marceau Jan 2006

Exploring The Intersection Of Effectiveness & Autonomy In Capital Sentencing, Justin F. Marceau

California Western Law Review

No abstract provided.


"Can You Hear Me Now?": Expectations Of Privacy, False Friends, And The Perils Of Speaking Under The Supreme Court's Fourth Amendment Jurisprudence, Donald L. Doernberg Jan 2006

"Can You Hear Me Now?": Expectations Of Privacy, False Friends, And The Perils Of Speaking Under The Supreme Court's Fourth Amendment Jurisprudence, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

Part I of this article offers a brief history of the development of Fourth Amendment jurisprudence and the Court's articulation and application of what has come to be known as the exclusionary rule, which forbids some (but not all) government use of evidence seized in violation of the Fourth Amendment. Part II focuses on the false-friend cases, elaborating the Court's reasoning and showing why, although the most famous cases involve varying kinds of activity from electronic recording to eavesdropping to simple reporting of the false friend's observation, the Court's method has united these cases under a single analytical rubric. Part …


Ltc Newsletter, University Of Dayton. Ryan C. Harris Learning Teaching Center Jan 2006

Ltc Newsletter, University Of Dayton. Ryan C. Harris Learning Teaching Center

LTC Newsletter

Winter 2006


Introduction: The Hundred-Year Run Of Roscoe Pound, Randall T. Shepard Jan 2006

Introduction: The Hundred-Year Run Of Roscoe Pound, Randall T. Shepard

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


White Collar Crime Sentences After Booker: Was The Sentencing Of Bernie Ebbers Too Harsh?, Peter J. Henning Jan 2006

White Collar Crime Sentences After Booker: Was The Sentencing Of Bernie Ebbers Too Harsh?, Peter J. Henning

Law Faculty Research Publications

Bernie Ebbers received a twenty-five year prison sentence for his conviction on conspiracy and securities fraud charges related to the collapse of WorldCom in 2001. The Ebbers sentence came at a time of significant upheaval in the world of sentencing law. The Supreme Court reordered federal sentencing just a few months before the district court sentenced Ebbers, and the prison term largely follows the Federal Sentencing Guidelines even though, after United States v. Booker, they are no longer mandatory, but only advisory for federal judges. While the sentence was likely close to the one Ebbers would have received under a …


Fahrenheit 451on Cell Block D: A Bar Examination To Safeguard America’S Jailhouse Lawyers From The Post-Lewis Blaze Consuming Their Law Libraries, Evan R. Seamone Jan 2006

Fahrenheit 451on Cell Block D: A Bar Examination To Safeguard America’S Jailhouse Lawyers From The Post-Lewis Blaze Consuming Their Law Libraries, Evan R. Seamone

Journal Articles

No abstract provided.


Best Practices In The Response To Child Abuse, Catherine Dixon Jan 2006

Best Practices In The Response To Child Abuse, Catherine Dixon

MC Law Review

No abstract provided.


Evolving Standards Of Decency In Mississippi: Chase V. State, Capital Punishment, And Mental Retardation, Alexander Kassoff Jan 2006

Evolving Standards Of Decency In Mississippi: Chase V. State, Capital Punishment, And Mental Retardation, Alexander Kassoff

MC Law Review

Note


2006 Aasu Women's Basketball Guide, Armstrong State University Jan 2006

2006 Aasu Women's Basketball Guide, Armstrong State University

Armstrong Athletics: Women's Basketball Records (Archived)

No abstract provided.


Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller Jan 2006

Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller

Faculty Publications

High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such revisionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initiate a dialogue regarding how …