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2006

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Institution
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Articles 2281 - 2310 of 2602

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It Takes A Lawyer To Raise A Child?: Allocating Responsibilities Among Parents, Children, And Lawyers In Delinquency Cases, Kristin N. Henning Jan 2006

It Takes A Lawyer To Raise A Child?: Allocating Responsibilities Among Parents, Children, And Lawyers In Delinquency Cases, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

This Article considers whether, and to what extent, children do or should look to parents for guidance in matters of juvenile delinquency. To this end, I draw insight from theories of adolescent development, rules of professional ethics, and principles of constitutional law and justice. In Part I, I identify opportunities for support and collaboration between children and parents in the juvenile justice system and then consider the potential for conflict in these families. In Part II, I propose six strategies for effective lawyering on behalf of children and parents in juvenile court. Given the complexities of the issues, I recognize …

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Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper Jan 2006

Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper

Fordham International Law Journal

This Introduction to the Symposium, Global Alliance for Justice Education (“GAJE”) North American Regional Conference, discusses four articles in the Fordham International Law Journal that advance a growing goal of the GAJE: developing scholarship to facilitate justice education and increasing awareness of the global justice movement. Each of the following four articles identifies ways in which collaborating law professors in significantly different contexts--China, South Africa, Nicaragua, and the United States--can learn from each other to develop vital programs of legal education and to strive for social justice.

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U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson Jan 2006

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Fordham International Law Journal

Our specific topic is Guantanamo, but in my brief remarks I would like to take the long view of U.S. counterterrorism policy (including Guantanamo) and link it to the question of the compliance of the United States, as today's superpower, with international human rights norms, its relationship to the United Nations and, speaking very broadly, international law norms as conceived by the international community. This is partly a question of the relationship of U.S. counterterrorism policy to international law. But it is also a question of the relationship of the superpower to the rest of the international community, and in …

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Addressing The Emergence Of Advocacy In The Chinese Criminal Justice System: A Collaboration Between A U.S. And A Chinese Law School , Robert Lancaster, Ding Xiangshun Jan 2006

Addressing The Emergence Of Advocacy In The Chinese Criminal Justice System: A Collaboration Between A U.S. And A Chinese Law School , Robert Lancaster, Ding Xiangshun

Fordham International Law Journal

This Article addresses how the procedural, educational, and professional changes in China’s legal system have affected criminal trial procedure and criminal trial practice in the country. It discusses how these changes have created a need for Chinese criminal judges, prosecutors, and defense attorneys to be well versed in the adversarial process. It describes how the China Trial Advocacy Institute, a collaborative project between Renmin University of China School of Law and Indiana University School of Law-Indianapolis, has developed to help address this emerging need.

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When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies Jan 2006

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies

Fordham International Law Journal

This Article argues for pushing the envelope when three conditions are met: (1) the executive engages in dialogue with other players, either before the fact or through timely ex post ratification; (2) pushing the envelope will generate a net positive aggregate of institutional consequences, viewed from an intermediate and long-term perspective; and (3) pushing the envelope harmonizes executive policy with evolving international or domestic norms. When these conditions are met, the lawyer for the executive should recommend the action, even if it appears inconsistent with the letter of existing law. While acting gives both the lawyer and her client “dirty …

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An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin Jan 2006

An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin

Fordham International Law Journal

This Article first briefly discusses the use of distance learning in a law school environment, and considers the special implications of distance learning for persons with disabilities. It then explains the structure and rationale of these courses, reports on a course section taught in Nicaragua in the Fall-Winter of 2002, and considers plans to replicate the Nicaraguan experience throughout other nations with developing economies in Africa, Asia, Central America, and Central and Eastern Europe. Finally, this Article assesses the potential impact of such a course on developing-economy nations.

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Expanding And Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa , Peggy Maisel Jan 2006

Expanding And Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa , Peggy Maisel

Fordham International Law Journal

This Article reviews the development of clinical education in South Africa and the valuable lessons such an analysis provides for those seeking to promote clinical education elsewhere. This Article reviews the obstacles faced in South Africa and the creative ways clinicians have attempted to overcome them, some much more successful than others.

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Using Stakeholder Comments To Inform Further Development Of The North Dakota Child Welfare System Of Care, Jennifer Ann Boeckel Jan 2006

Using Stakeholder Comments To Inform Further Development Of The North Dakota Child Welfare System Of Care, Jennifer Ann Boeckel

Theses and Dissertations

No abstract provided.

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The Geography Of Methamphetamine In North Dakota, Alex J. Feidler Jan 2006

The Geography Of Methamphetamine In North Dakota, Alex J. Feidler

Theses and Dissertations

No abstract provided.

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The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni Jan 2006

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

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The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni Jan 2006

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

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The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni Jan 2006

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

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Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons Jan 2006

Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons

UC Law Journal of Race and Economic Justice

No abstract provided.

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Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra Jan 2006

Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra

UC Law Journal of Race and Economic Justice

This note identifies the overwhelming influence of how the race of the victim and the defendant affects prosecutors and juries in capital punishment cases. The author focuses on the legislative and judicial shortcomings that have lead to a failure in proscribing and combating the issue of purposeful discrimination against minority defendants. The author proffers different remedies to address this problem, citing ideas mentioned in several state court cases as well as various federal legislative attempts to protect against racial discrimination in the application of capital punishment.

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Is Coercive Interrogation Of Terrorist Suspects Effective? A Response To Bagaric And Clarke, Philip N. S. Rumney Jan 2006

Is Coercive Interrogation Of Terrorist Suspects Effective? A Response To Bagaric And Clarke, Philip N. S. Rumney

University of San Francisco Law Review

No abstract provided.

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Tortured Responses (A Reply To Our Critics): Physically Persuading Suspects Is Morally Preferable To Allowing The Innocent To Be Murdered, Mirko Bagaric, Julie Clarke Jan 2006

Tortured Responses (A Reply To Our Critics): Physically Persuading Suspects Is Morally Preferable To Allowing The Innocent To Be Murdered, Mirko Bagaric, Julie Clarke

University of San Francisco Law Review

No abstract provided.

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From Incongruity To Cooperative Federalism, Reza Dibadj Jan 2006

From Incongruity To Cooperative Federalism, Reza Dibadj

University of San Francisco Law Review

No abstract provided.

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Legislative Inconsistency: California's Good Cause Statutory Exceptions As A Step Back In The Effort To Improve Court Access For Non-English Speaking Civil Litigants, Nicholas P. Tsukamaki Jan 2006

Legislative Inconsistency: California's Good Cause Statutory Exceptions As A Step Back In The Effort To Improve Court Access For Non-English Speaking Civil Litigants, Nicholas P. Tsukamaki

University of San Francisco Law Review

Because statutory exceptions in California law allow trial courts to appoint non-certified interpreters, this comment argues that these good cause exceptions are inconsistent with the Legislature's commitment to improving court access for non-English speaking civil litigants.

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International War Crimes &(And) Other Criminal Courts: Ten Recommendations For Where We Go From Here And How To Get There - Looking To A Permanent International Criminal Tribunal, David Aronofsky Jan 2006

International War Crimes &(And) Other Criminal Courts: Ten Recommendations For Where We Go From Here And How To Get There - Looking To A Permanent International Criminal Tribunal, David Aronofsky

Denver Journal of International Law & Policy

No abstract provided.

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Vol. 34, No. 1: Full Issue, Denver Journal Of International Law & Policy Jan 2006

Vol. 34, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

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Another Case In Lochner’S Legacy, The Court’S Assault On New Property: The Right To The Mandatory Enforcement Of A Restraining Order Is ‘A Sham, Nullity And Cruel Deception’, Christopher J. Roederer Jan 2006

Another Case In Lochner’S Legacy, The Court’S Assault On New Property: The Right To The Mandatory Enforcement Of A Restraining Order Is ‘A Sham, Nullity And Cruel Deception’, Christopher J. Roederer

School of Law Faculty Publications

No abstract provided.

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Crawford V. Washington: Implications For The Presentation Of Child-Witness Testimony In Child-Abuse Cases, Lisa S. Nored Jan 2006

Crawford V. Washington: Implications For The Presentation Of Child-Witness Testimony In Child-Abuse Cases, Lisa S. Nored

MC Law Review

No abstract provided.

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Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith Jan 2006

Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and inmate management.

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Integrity In Jail Operations: Addressing Employee/Inmate Relationships, Brenda V. Smith, Nairi M. Simonian Jan 2006

Integrity In Jail Operations: Addressing Employee/Inmate Relationships, Brenda V. Smith, Nairi M. Simonian

Project on Addressing Prison Rape - Articles

Jails often struggle with how to ensure the integrity of operations by establishing policies aimed at governing employee relationships with individuals who are under the supervision of a criminal justice agency. Agencies need to balance their legitimate interests with employees’ basic rights to associate. This article discusses case law around this issue and makes recommendations about how to construct agency policies in this area.

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Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.

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Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith Jan 2006

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

Project on Addressing Prison Rape - Articles

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners’ rights in sexual expression from states’ legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …

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Considering Tortious Racism, Camille Nelson Jan 2006

Considering Tortious Racism, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION The recent concurrence of Justice Ginsburg in Grutter v. Bollinger, and her dissent in Gratz v. Bollinger, cogently explore what W.E. DuBois termed problems of the "color line". The ongoing consequences of racism in America reveal a complicated racial caste stem, the medico-legal consequences of which merit exploration. Following in the footsteps of other great jurists, Justice Ginsburg situates the challenges facing persons of color in the context of American history and connects the racialized dots to recognize the ongoing effects of racism. Together with the majority opinion in Grutter, Justice Ginsburg acknowledges that race still matters in America. …

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Notice Under Article 36: The Vienna Convention Dilemma, Linda Holshouser Jan 2006

Notice Under Article 36: The Vienna Convention Dilemma, Linda Holshouser

South Carolina Journal of International Law and Business

No abstract provided.

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Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker Jan 2006

Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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The Fourth Amendment Hearing: Prompt Judicial Review Of All Fourth Amendment Warrantless Conduct For An Imprisoned Defendant, Matthew C. Ford Jan 2006

The Fourth Amendment Hearing: Prompt Judicial Review Of All Fourth Amendment Warrantless Conduct For An Imprisoned Defendant, Matthew C. Ford

Catholic University Law Review

No abstract provided.

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