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The Spillikin (Vol. 24), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.

Relevance: Definition And Limitations-Conforming The California Evidence Code To The Federal Rules Of Evidence, Miguel A. Méndez

University of San Francisco Law Review

This Article examines from a comparative perspective the rules of evidence relating to relevance and its limits. The Article compares the approaches of the California Evidence Code ("Code") and the Federal Rules of Evidence ("Rules") to challenges to the introduction of evidence on the grounds of irrelevance or on the basis of limits placed on the introduction of relevant evidence.

Smooth Sailing - Navigating The Sea Of Law Applicable To The Cruise Line Industry, Sarah J. Tomlinson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Obscenity Prosecutions And The Bush Administration: The Inside Perspective Of The Adult Entertainment Industry & Defense Attorney Louis Sirkin, Robert D. Richards, Clay Calvert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

2007-2008 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

Due Process Rights And Terrorist Emergencies, James W. Nickel

Articles

This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …

The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett

Faculty Publications

This lecture covers the background of Robert H. Jackson and the story of "Nuremberg," which is Jackson's Nuremberg. The program of this Nuremberg conference states that Prof. Barrett will speak about "The Crucial Role of Robert H. Jackson." In fact, there were multiple Jackson roles at Nuremberg—many, many roles and moments were encompassed in the undertaking that has come to be so significant historically that the primary, global meaning of the word "Nuremberg" today is, and probably always will be, the 1945-46 international trial of the principal surviving Nazi criminals. Justice Jackson's Nuremberg was over 15 months of full time …

Judging International Judgments, Mark L. Movsesian

Faculty Publications

What effect should rulings of international courts have in domestic courts? In the U.S., debate has centered on a series of rulings by the International Court of Justice (ICJ) on the application of the Vienna Convention on Consular Relations (VCCR). The VCCR, a multilateral treaty that the United States ratified in 1969, grants foreign nationals the right to seek the assistance of their consulates in the event that local authorities arrest them. An Optional Protocol to the VCCR gives the ICJ jurisdiction over disputes relating to the interpretation and application of the treaty. Since the late 1990s, the ICJ repeatedly …

"Prisoner Never Gave Me Anything For What He Done:" Aboriginal Voices In The Criminal Court, Shelley A. M. Gavigan

Articles & Book Chapters

Aboriginal people participated in different ways in the criminal process in the earl years of the North- West Territories region of Canada, including, as accused persons, as Informants, and as witnesses. Their participation was often mediated by the police, Indian agents and sometimes their Chiefs. Their word were also mediated by interpreters, both linguistic and cultural and their signatures were invariably marked as "X" on their depositions. Scholarship that has examined the relationship of Aboriginal peoples to the criminal law has tended to interrogate the criminalization and moral regulation strategies implicit in the process of colonization and domination of the …

Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa

Canadian Journal of Law and Technology

It is now trite to say that the events of September 11, 2001 have had a profound impact on our national security, in terms of its institutional and normative dimensions, and also in terms of a more general public anxiety. The hastily enacted Anti-terrorism Act of 2001 brought about significant changes to a wide range of statutes including, among others, the Criminal Code, the Official Secrets Act, the Canada Evidence Act, and the Proceeds of Crime (Money Laundering) Act. An early conference and resultant book on the Anti-terrorism Act raised serious concerns about the potential impact of the changes on …

Endless Emergency: The Case Of Egypt, Sadiq Reza

Articles & Chapters

The Arab Republic of Egypt has been in a declared state of emergency continuously since 1981 and for all but three of the past fifty years. Emergency powers, military courts, and other exceptional powers are governed by longstanding statutes in Egypt and authorized by the constitution, and their use is a prominent feature ofeveryday rule there today. This essay presents Egypt as a case study in what is essentially permanent governance by emergency rule and other exceptional measures. It summarizes the history and framework ofemergency rule in Egypt, discusses the apparent purposes and consequences of that rule, mentions judicial limitations …

New Access Control Technologies: Biometric Identification, Purdue Ect Team

ECT Fact Sheets Archive

Biometrics are computerized methods of recognizing people based on physical or behavioral characteristics. The main biometric technologies include face recognition, fingerprint, hand geometry, iris, palm prints, signature and voice. Biometric technologies can work in two modes – authentication (one-to-one matching) and identification (one-to-many) matching. However, only three biometrics are capable of the latter – face, finger and iris.

A Comparison Of Criminal Jury Decision Rules In Democratic Countries, Ethan J. Leib

Faculty Scholarship

This paper furnishes jury system information about the twenty-eight democracies (excluding the United States) that have been consistently democratic since at least the early 1990s and have a population of five million people or more (with allowance for Mexico and South Africa). I describe general rules that do not always apply to every crime in every context. In the United States, for example, we tend to use a randomly-selected jury of twelve people that sits for a single case; laws generally require unanimity to convict and unanimity to acquit. Failure to reach unanimity results in a “hung” jury, with the …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 8, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Working Towards Restorative Justice In Ethiopia: Integrating Traditional Conflict Resolution Systems With The Formal Legal System, Julie Macfarlane

Cardozo Journal of Conflict Resolution

This paper considers how the multiple realities of dispute resolution in any environment affect the work of conflict resolution practitioners. Conflict resolution practitioners are almost always invited in by representatives of the formal legal system, and their work generally focuses on managing - and perhaps reforming - this system. In practice, they cannot ignore the existence of parallel informal systems of conflict resolution that may undermine or distract from the formal state system. These may include structured alternatives to law, such as religious tribunals or community mediation programs. There may be other, more informal but equally significant family or community-based …

Restorative Justice: An Empirically Grounded Movement Facing Many Opportunities And Pitfalls, Mark S. Umbreit, Betty Vos, Robert B. Coates, Elizabeth Lightfoot

Cardozo Journal of Conflict Resolution

This article provides an overview of the restorative justice movement in the twenty-first century. In Section II we offer a summary of the movement's distinguishing characteristics, its history and development, and what it looks like in practice. Section III is focused on restorative justice dialogue, the most widely practiced and extensively researched modality of the restorative justice movement. We present a review of current restorative justice dialogue research and an examination of public policy support for such dialogue across the United States. In Section IV we turn to continuing issues, including pitfalls, opportunities, and questions for the future.

The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel

Cardozo Journal of Conflict Resolution

In this article, I explore the deep assumptions and commitments associated with what I have called the restorative justice wager and the way in which they are embodied in restorative justice dialogue, the heart of restorative justice practice, in order to describe the important contribution that restorative justice has to offer to conventional forms of conflict resolution that have emerged in recent years. For this purpose the article is divided into three parts. Part I explores the definition of restorative justice in a criminal context and beyond in order to set up the discussion of the restorative justice wager and …

Restorative Justice And The Sexual Abuse Scandal In The Catholic Church, Janine Geske

Cardozo Journal of Conflict Resolution

Thank you for the opportunity to speak to you today. I want to begin by telling you how I got into the restorative justice field. I served as a judge for almost twenty years, and nine of those years were in criminal court. My last assignment before going to the Wisconsin Supreme Court was to preside full-time over sexual assault and homicide cases. During the time I spent as a trial court judge, I regularly taught classes at prisons in Wisconsin. About ten years ago, I became involved in a restorative justice program in the Green Bay Correctional Institution, a …

Healing And Accountability In The Criminal Justice System: Applying Restorative Justice Processes In The Workplace, Kay Pranis

Cardozo Journal of Conflict Resolution

This essay will describe efforts to apply the principles and processes of restorative justice to the criminal justice system in prison as a workplace. The initiative began as a pilot project in one facility when prison staff recognized that they could not effectively work with inmates in a restorative way until they changed their relationships with one another. Based on the positive experience of the pilot project the Minnesota Department of Corrections (MNDOC) has now expanded the availability of restorative processes for staff conflict and unhealthy workplace units to all prison facilities. This model has potential applications in all kinds …

Restorative Justice And The Pre-Conditions For Grace: Taking Victim's Needs Seriously, Ellen Waldman

Cardozo Journal of Conflict Resolution

This essay surveys the question of victim need from a different vantage point. It takes as its starting point the voices of actual victims as recorded by researchers in the field. It reports on three studies and the linkage they uncover between victim distress and attitudes toward justice and reconciliation. What they reveal belies a simple notion of victim need and suggests that restorativists should move warily as they seek to reshape the criminal justice system into more harmony-producing forms. Victim-offender encounters, truth-telling, and moves toward apology and reconciliation are appealing in the abstract; but data suggests that victims whose …

Exploratory Research Reguarding Gambling On Northern Michigan University’S Campus, Stephanie Laura Depetro

All NMU Master's Theses

No abstract provided.

Congress Has The Power To Enforce The Bill Of Rights Against The Federal Government: Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn

Akron Law Faculty Publications

The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government.

Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …

Cooperative Localism: Federal-Local Collaboration In An Era Of State Sovereignty , Nestor M. Davidson

Faculty Scholarship

Contemporary debates about federalism and localism often proceed with, at best, a glancing reference to each other.' Commentators portray parallel, largely disconnected worlds in which the federal government relates only to the states, and the states, in turn, hermetically encompass local governments. In practice, however, numerous federal regulatory, spending, and enforcement policies actively rely on the participation of local governments independent from the states. Indeed, direct relations between the federal government and local governments-what this Article calls "cooperative localism"-play a significant role in areas of contemporary policy as disparate as homeland security, law enforcement, disaster response, economic development, social services, …

Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner

Faculty Scholarship

This article applies to legal scholarship the ideas developed and argued in John Willinsky’s 2006 book: 'The Access Principle: The Case for Open Access to Research and Scholarship' regarding the responsibilities of scholars to make their works widely available through open access mechanisms via the Internet. Willinsky’s access principle states that “A commitment to the value and quality of research carries with it a responsibility to extend the circulation of such work as far as possible and ideally to all who are in interested in it and all who might profit by it.” For Willinsky, the transformation of scholarly journals …

Getting Just Deserts? Policing, Governance And Rurality In Western Australia, Richard Yarwood

School of Geography, Earth and Environmental Sciences

This paper examines the perceived shift from police to policing in developed world countries. It focuses on the development of multi-agency policing in rural Western Australia and, using ideas from governance theory, questions whether these partnerships are leading to more inclusive policing and new forms of rural governance. Evidence is taken from the development of a Rural Crime Prevention Strategy and interviews with various stakeholders in rural Australia. It is concluded that multi-agency work does offer a more inclusive way forward but that it is still mainly driven by government, rather than radical changes in rural society and power.

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

Faculty Scholarship

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …

The Gift Of Milner Ball, Thomas L. Shaffer

Journal Articles

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend—my colleague, too—and also my teacher (in two senses, including the I-once-paid-tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the source …

Finding Room For State Class Actions In A Post-Cafa World: The Case Of The Counterclaim Class Action, Jay Tidmarsh

Journal Articles

In this Article, I wish to suggest one place in which state courts can continue to have an impact on class-action practice: the adjudication of counterclaim class actions. A counterclaim class action arises when a non-class complaint is filed by a plaintiff against a defendant, who turns around and asserts against the plaintiff, on behalf of a class of similarly situated individuals, a counterclaim for relief. In Part II, I explain the factual, jurisdictional, and legal dynamics of such state-court counterclaim class actions. In Part III, I argue that counterclaim class actions, when filed in state court, are not removable …

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

Journal Articles

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …

Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Maryland Law Review

No abstract provided.