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Using Fact-Finding To Combat Violence Against Women In Ghana, Uganda, And The United States: Lessons Learned As A Clinic Student, Clinic Supervisor, And Practitioner, Lisa V. Martin

Faculty Publications

Gender-based violence threatens the lives and livelihood of women throughout the world. Despite this reality, the laws and policies of many states fail to offer women effective relief and protection from violence. To develop policy reforms effective to combat gender-based violence in a particular community, advocates must first obtain a clear understanding of the nature of the problem in that community. Fact-finding is a critical tool that can enable women’s rights advocates to gain a clear understanding of women’s experience of violence in a particular community by facilitating the documentation of individual human rights abuses and the identification of patterns …

Index To The American Journal Of Legal History Volumes 1-48 (1957-2006), Joel Fishman

Law Faculty Publications

This index is an update of the original index published as Index to the American Journal of Legal History Volumes 1-42 (1957-1998) published in 43 AM. J. LEGAL HIST. 353-506 (1999), published in 2001. Now I have updated the index to include the next four volumes.

A Therapeutic Jurisprudential Approach To Guardianship Of Persons With Mild Cognitive Impairment, Patricia C. Mcmanus

Seton Hall Law Review

No abstract provided.

Justice, Access To The Courts, And The Right To Free Counsel For Indigent Parents: The Continuing Scourge Of Lassiter V. Department Of Social Services Of Durham., Bruce A. Boyer

Faculty Publications & Other Works

No abstract provided.

Services Report Fy 2006, Uno Office Of Research And Creative Activity

Services Reports

This Service Report features: Information about The Office of Sponsored Programs and Research; Awards by College/Unit FY 2004-2006; Submissions by College/Unit, FY 2004 - 2006; University of Nebraska at Omaha Awards Per Fiscal Year; University of Nebraska at Omaha Submissions Per Fiscal Year; UNOmaha FY2006 External Grant Awards; UNO FY 2006 External Submissions; UNO FY 2006 Nebraska Research Initiative (NRI) Awards; and UNO FY 2006 Nebraska Research Initiative (NRI) Submissions.

Reflections On Brady V. Maryland, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article describes the evolution of the Brady rule over the past forty-three years. Part I sketches the origins of the rule and its doctrinal developments. Part II closely examines Brady's impact on constitutional criminal procedure. Part II suggests that Brady's essential goal has been eroded by the courts, subverted by prosecutors, and ignored by disciplinary bodies. Part III proposes that only through expanding a defendant's right to discovery can the goal of Brady be realized. The Article concludes that Brady, more than any other rule of constitutional criminal procedure, has been the most fertile and widespread …

The Journal Of Undergraduate Research: Volume 04

The Journal of Undergraduate Research

This is the complete issue of the South Dakota State University Journal of Undergraduate Research, Volume 4.

University Of San Diego Football Media Guide 2006, University Of San Diego Athletics Department

Football (Men)

68 pages : illustrations, portraits ; 21.5 x 28 cm

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

Publications

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 …

Cyber-Terrorism: Legal Principle And Law In The United Kingdom, Clive Walker

Dickinson Law Review (1908-2003)

No abstract provided.

Race, Gender, Region And Death Sentencing In Colorado, 1980-1999, Stephanie Hindson, Hillary Potter, Michael L. Radelet

University of Colorado Law Review

This paper examines the administration of the death penalty in Colorado. We first identify all cases (n=21) in which defendants were sentenced to death in Colorado, 1972-2005, and all cases (n=10) in which the death penalty was sought, 1980-1999. We then compare the race and gender of all homicide victims with the race and gender of victims in the 110 death penalty cases. Overall, we find that the death penalty is most likely to be sought for homicides with white female victims, and that the probability of death being sought is 4.2 times higher for those who kill whites than …

Force Rules: Un Reform And Intervention, John C. Yoo

Chicago Journal of International Law

This Article has three parts. Part I will discuss the existing legal framework established by the UN Charter governing the use of force. It questions whether this structure has succeeded in regulating state practice, and describes both the proposed reforms and the new international environment that prompted them. Part II criticizes the reforms' response to the rise of rogue nations and international terrorism by emphasizing the legal doctrine of imminence and a recentralization of power in the UN Security Council. It argues that the concept of imminence does not make sense, and should be replaced by a cost-benefit analysis of …

The Commerce Clause And Federal Abortion Law: Why Progressives Might Be Tempted To Embrace Federalism, Jordan Goldberg

Fordham Law Review

No abstract provided.

A "Fair And Expeditious" Trial: A Reappraisal Of Slobodan Milosevic's Right To Self-Representation Before The International Criminal Tribunal For The Former Yugoslavia, Constantinos Hotis

Chicago Journal of International Law

This Development analyzes and critiques recent cases on Milosevic's in propria persona defense. Contrary to some arguments that the assignment of counsel will aid the trial process, it contends that the ICTY cannot impose counsel because all of the reasons that it used to justify its ruling are inadequate. This Development specifically argues that the "fair and expeditious" rationale, with its emphasis on judicial management, does not legitimize the Tribunal's decision to retract Milosevic's right to self-representation. In fact, it is a poor proxy for justice and may countervail any type of fairness that the ICTY wishes to achieve in …

Proceedings Of The 100th Asil Annual Meeting, The Iraqi High Tribunal And Rule Of Law: Challenges, Mark A. Drumbl

Scholarly Articles

None available.

Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, And Hierarchy, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper contends that popular representations of heterosexual black men are bipolar. Those images alternate between a Bad Black Man who is crime-prone and hypersexual and a Good Black Man who distances himself from blackness and associates with white norms. The threat of the Bad Black Man label provides heterosexual black men with an assimilationist incentive to perform our identities consistent with the Good Black Man image.

The reason for bipolar black masculinity is that it helps resolve the white mainstream's post-civil rights anxiety. That anxiety results from the conflict between the nation's relatively recent …

Introduction: The Politics Of Recognition And Response, Eric M. Tucker

Articles & Book Chapters

No abstract provided.

Swilling Hemlock: The Legal Ethics Of Defending A Client Who Wishes To Volunteer For Execution, J. C. Oleson

Washington and Lee Law Review

No abstract provided.

A Comment On Erin Mccampbell's Tipping The Scales: Seeking Death Through Comparative Value Arguments, Timothy J. Heaphy

Washington and Lee Law Review

No abstract provided.

Say "Cheese." Uncle Sam Wants Your Photograph And Fingerprints Or You Are Out Of Here. Does America Have A Peace Time Constitution In Danger Of Being Lost, Mark D. Friedman

Nova Law Review

No abstract provided.

2006-2007 Graduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

Academic catalog for Armstrong Atlantic State University.

Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman

Faculty Articles

This article will discuss the scope of services and rationale for the right to a free lawyer in civil matters as is the case in criminal cases. This right is currently provided in the 49 European member countries in the Council of Europe (COE), Australia, Canada, India, New Zealand, Hong Kong, Japan, Zambia, South Africa, and Brazil. Frequent reference will be made to a chart in the appendix, which condenses extensive information about programs in each of these countries. The article’s general conclusion regarding the foreign programs is that the right to a free lawyer in civil matters is a …

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

University of Chicago Law Review

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 …

Teaching The Rules Of "Truth", Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

This Essay offers a few examples of ways in which Evidence professors can engage students in critical analysis of how deeply a point of view can influence the way the Rules apply. My hope is that through this understanding the students will no longer think of the Federal Rules of Evidence as a neutral body of procedural rules that if faithfully applied will result in “truth.” I believe this insight is one of the most critical that a law student can gain in law school. It will make students more thoughtful in their analysis and application of the Rules, but …

The Federal Criminal "Code" Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Any discussion of federal penal law must begin with an important caveat: There actually is no federal criminal "code" worthy of the name. A criminal code is defined as "'a systematic collection, compendium, or revision' of laws." What the federal government has is a haphazard grab-bag of statutes accumulated over 200 years, rather than a comprehensive, thoughtful, and internally consistent system of criminal law. In fact, the federal government has never had a true criminal code. The closest Congress has come to enacting a code was its creation of Title 18 of the United States Code in 1948. That "exercise, …

Selective Hate Crime Law Enforcement: Race's Influence On The Police Decision To Arrest In Violent Hate Crimes Incidents., Rodney M. Huff

Graduate Theses, Dissertations, and Problem Reports (ETD)

This paper investigates racial differences in rates of arrest for violent hate crimes against persons. Using 2002 NIBRS data compiled by the Federal Bureau of Investigation, I develop and test logistic regression models which illuminate race’s influence on the police decision to arrest in violent hate crime incidents. Analyses of these models yield mixed support for hypotheses derived from the conflict perspective, central to which is the proposition that, within a class society, dominant groups use criminal law to increase their control of minority groups in order to maintain power and privileges historically reserved for elites. Results of analysis show …

Manson V. Brathwaite Revisited: Towards A New Rule Of Decision For Due Process Challenges To Eyewitness Identification Procedures, Timothy P. O'Toole, Giovanna Shay

Faculty Scholarship

Almost 30 years ago, in Manson v. Brathwaite--the Supreme Court set out a test for determining when due process requires suppression of an out-of-court identification produced by suggestive police procedures. The Manson Court rejected a per se exclusion rule in favor of a test focusing on whether an identification infected by suggestive procedures is nonetheless reliable when judged in the totality of the circumstances. The purpose of this Article is two-fold: to demonstrate that the Manson rule of decision fails to safeguard due process values, in part because it does not account for the intervening social science research, and to …

The Unholy Trinity: Intelligence, Interrogation And Torture, Amos Guiora

Case Western Reserve Journal of International Law

No abstract provided.

Dangerous World Of Indefinite Detentions: Vietnam To Abu Ghraib, The, Jennifer Van Bergen, Douglas Valentine

Case Western Reserve Journal of International Law

No abstract provided.

Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt

Case Western Reserve Journal of International Law

No abstract provided.