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A State Prosecutor Looks At The Jencks Case, Thomas F. Eagleton

Saint Louis University Law Journal

No abstract provided.

Panel: Trying Enemy Combatants , Santa Clara Journal Of International Law

Santa Clara Journal of International Law

No abstract provided.

Panel: Protecting The Cultural Heritage In War And Peace, Santa Clara Journal Of International Law

Santa Clara Journal of International Law

No abstract provided.

Dedication To Chesterfield H. Smith, Ruth Bader Ginsburg

University of Florida Journal of Law & Public Policy

No abstract provided.

Bound And Gagged: The Peculiar Predicament Of Professional Jurors, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

This Article advocates two changes to the law. First, parties should be allowed (but not required) to strike professional jurors for cause in cases involving their expertise without any additional showing of a particular bias toward one side or the other. Second, if such jurors are empanelled, they should not be “gagged.” Rather, they should be free to draw on and share their expertise as are all other jurors. This Article proceeds in four Parts. Part I discusses recent reform efforts that have fundamentally altered the jury system by opening it up to increased numbers of professional jurors. Part II …

Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

Part I of this Article traces the shared history of the right against self-incrimination from twelfth-century England to the mid-twentieth century. Part II examines the modern history of the privilege in the United States, from the Supreme Court's 1965 decision in Griffin to its 1999 decision in Mitchell. Part III examines the United Kingdom's modern approach to the privilege, including its re-shaping of the privilege in response to domestic terrorism. Part IV examines why the U.S. and U.K. systems, with a common history and shared values, have moved in such dramatically different directions with respect to the privilege. Part V …

Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …

Table Of Contents, California Western Law Review

California Western Law Review

No abstract provided.

Annotated Bibliography: Intimate Partner Violence In The Glbt Communities: A Selected Annotated Bibliography, Raquel J. Gabriel

California Western Law Review

No abstract provided.

Malibu Locals Only: "Boys Will Be Boys," Or Dangerous Street Gang? Why The Criminal Justice System's Failure To Properly Identify Suburban Gangs Hurts Efforts To Fight Gangs, Brian W. Ludeke

California Western Law Review

No abstract provided.

A Database Of Persons Convicted Of Felonies In Washtenaw County, Michigan, 1990-2007, Donald E. Shelton

Master's Theses and Doctoral Dissertations

This study is a database of information from Washtenaw County, Michigan, court records of approximately one-fourth of its convicted felons from 1990 to 2007. It includes 3,123 sentencing appearances for 3,992 crimes committed by 2,495 defendants. It includes 1126 probation violation resentencings for a total of 5,118 sentences. It contains demographics of defendants and the dynamics of their crimes and the sentencing process. Several official court reports in each case were examined.

Preliminary descriptive and frequency analyses are reported to describe the database in detail and lay the groundwork for future sophisticated regression and other analyses. Special attention is given …

Vol. 5, No. 01 (January/February 2007)

Indiana Law Update

No abstract provided.

Evidence-Based Practices And State Sentencing Policy: Ten Policy Initiatives To Reduce Recidivism, Roger K. Warren

Indiana Law Journal

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

Punishing The Protectors: The Illinois Domestic Violence Act Remedy For Victims Of Domestic Violence Against Police Misconduct, Kathryn E. Litchman

Loyola University Chicago Law Journal

No abstract provided.

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Faculty Publications

No abstract provided.

The Myth Of "Privatization", Christopher L. Sagers

Law Faculty Articles and Essays

The very large body of recent scholarship on the phenomenon of American 'privatization', which means roughly the performance of some seemingly public function through a non-state instrumentality, and which is purportedly very new and very important, suffers from certain problems. Not least of these is that 'privatization' appears not to exist. Or, more accurately, this phenomenon, which is said both to be important in itself and the chief symptom of the changing new order of governance under which we now live, is in fact a thin sliver of relevant reality, at best. Indeed, privatizing talk takes as a given a …

Punishing Women: The Promise And Perils Of Contextualized Sentencing For Aboriginal Women In Canada, Toni Williams

Cleveland State Law Review

This article examines the failure of Canadian sentencing reforms to remedy the over-incarceration of Aboriginal woman through exploration of a sentencing methodology that judges may employ to give effect to the reforms: the social contextualization of women's lawbreaking. Social context analysis developed as a critique of how the state controls and punishes women and as a way to expose failures of justice. More recently, commentators have suggested that the insertion of social context analysis into the sentencing process might allow courts to find new and more robust justifications for lowering the penalties they impose on women lawbreakers from marginalized communities. …

Young People And Crime: Research, Policy And Practice, Kevin Lalor, Fergus Ryan, Mairéad Seymour, Claire Hamilton

Conference Papers

These are the full proceedings of a two-day national conference on Young People and Crime, hosted by the Centre for Social and Educational Research.

The Bush Administration's Terrorist Surveillance Program And The Fourth Amendment's Warrant Requirement: Lessons From Justice Powell And The Keith Case, Tracey Maclin

UF Law Faculty Publications

This article was written for a symposium issue of the University of California at Davis Law Review on the fortieth anniversary of Katz v. United States. The article analyzes the Bush Administration's claim that the President has the authority to order warrant less electronic surveillance of communications between American citizens and persons abroad suspected of having connections with foreign terrorists groups. When evaluating this claim, my article focuses on a case that could be characterized as more constitutionally robust and stronger Katz. That case is United States v. United States District Court, also known as Keith. The Keith ruling held …

Table Of Contents - Issue 3 , Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh

Cleveland State Law Review

My purpose here today is to look at some of the legislative history of Title IX, and perhaps some of the details that never made it into the Congressional Record, and also to include my personal involvement in it. I do that with some fear and trepidation because it sounds like one is puffing himself up.It is fair to ask, “How can a kid who grew up on a corn and soybean farm, raising pigs and hogs and cattle and calves, chickens, how in the world could he ever get to be a United States Senator, let alone become involved …

Overcoming A Hostile Work Environment: Recognizing School District Liability For Student-On-Teacher Sexual Harassment Under Title Vii And Title Ix, Heather Shana Banchek

Cleveland State Law Review

This Note urges all school districts to take proactive measures to end sexual harassment of teachers by students. Additionally, it urges state legislatures to pass legislation mandating school adoption of anti-harassment policies that include provisions prohibiting all forms of student-on-teacher harassment, including sexual harassment. Following this introduction, Part II of this Note provides a background on the current climate in the public schools in the United States, identifies the statutory protections available to victims of sexual harassment, and discusses the definitions of sexual harassment used by the Equal Employment Opportunity Commission (“EEOC”) and the courts. Part III examines relevant sexual …

Sociocultural Strain Theory, Amy L. Proctor

Theses and Dissertations

In reaction to criticisms of existing strain theories, Agnew (1992) developed General Strain Theory, and in doing so moved toward micro-level conceptions of strain. A return to the cultural concepts found in traditional strain theories may provide a more complete examination of delinquency/criminality, as it would incorporate the influence that culture has on rates of delinquency/criminality among certain groups in American society. This thesis adds to the knowledge base of criminological thought through the creation of a new strain theory. Sociocultural Strain Theory (SST) may provide a better explanation of delinquency/criminality, particularly among racial/ethnic minorities, by taking into consideration cultural …

Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

The Executive-Internalization Approach To High-Risk Corporate Behavior: Establishing Individual Criminal Liability For The Intentional Or Reckless Introduction Of Excessively Dangerous Products Or Services Into The Stream Of Commerce, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

Imposing A Cap On Capital Punishment, Adam M. Gershowitz

Missouri Law Review

This Article argues that because prosecutors have discretion to seek the death penalty and too many cases, they lack the incentive to police themselves and choose carefully. Put simply, because there are too few legal constraints - and virtually no political constraints - on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no …

Government And Politics Newsletter, Issue 3, Sacred Heart University

Government and Politics Newsletter

No abstract provided.

Judicial Performance Review: A Balance Between Judicial Independence And Public Accountability, Jean E. Dubofsky

Fordham Urban Law Journal

This article discusses judicial appointment and judicial independence in Colorado. The article argues that in Colorado, the independence of the judiciary needs to be protected, perhaps more than at any other time in the state’s history. While public accountability is important, it is achieved through the executive and legislative branches of the government. The courts function best if judges are free to decide each case without regard to how the general public might put a thumb on the scales of justice. To the degree that judicial performance commissions can protect judicial independence, while providing voters in retention elections with sufficient …

A Comparison Of The Criminal Appellate Decisions Of Appointed State Supreme Courts: Insights, Questions, And Implications For Judicial Independence, Aman L. Mcleod

Fordham Urban Law Journal

This Article presents the results of a study conducted to see whether state supreme courts selected in states with dissimilar appointment systems differ in the way they decide criminal appeals. Comparing the criminal decisions of courts selected with different appointment systems may also suggest something about how different appointment systems impact judicial independence.

Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman

Fordham Urban Law Journal

This Essay argues that law schools should adopt a program for training more legal generalists, especially in the field of poverty law. Furthermore, poverty law clinics should be the vehicle used to train these generalists.