Digital Commons Network^™

The Merida Initiative For Mexico And Central America: The New Paradigm For Security Cooperation, Attacking Organized Crime, Corruption And Violence, Steven E. Hendrix

Loyola University Chicago International Law Review

No abstract provided.

Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.

Richmond Journal of Global Law & Business

Are lawyers strangling our government’s ability to fight the first war of the twenty-first century? Does judicial adventurism and the fear of litigation undermine the War Against Terrorism? In essence, is our national security apparatus overlawyered? This article analyzes how some lawyers have produced a synthetic “litigation culture” over the war on terror. It argues that litigation concerning electronic surveillance, interrogation and all manners of prisoner treatment has chilled counterintelligence since 9/11.

When Chinese Criminal Defense Lawyers Become The Criminals, Yanfei Ran

Fordham International Law Journal

This Article tries to find some practical resolutions for the problematic situation of Chinese defense lawyers. Part I introduces how Chinese laws and regulations provide legal protection for criminal defendants and their defense lawyers, and compares Chinese laws with well-established international standards. Part II focuses on examples of the problems and difficulties faced by Chinese lawyers in their defense work. Part III specifically discusses criminal charges that lawyers face in their practice. Part IV argues that the long-awaited new Chinese Lawyers Law cannot solve all of the problems or wipe away all obstacles they face. Rather, solving those problems requires …

Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg

West Virginia Law Review

No abstract provided.

Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer

West Virginia Law Review

No abstract provided.

Social Networking And Sexual Predators: The Case For Self-Regulation, Sander J. C. Van Der Heide

UC Law SF Communications and Entertainment Journal

The proliferation of social networking as a means of communicating and organizing online social relationships has created fora for sexual predation, cyberbullying, and harassment. Increasingly, minors are joining social networks, like MySpace and Facebook, which raise several legal and moral issues regarding the obligations and duties social networking sites have to their users. This note provides a history of social networking sites and the dangers associated with their use. After examining various common law and statutory attempts to regulate social networking sites, this note concludes that because of immunity under the Communications Decency Act and the impractibility of regulating the …

Why We Should Abandon The Balance Metaphor: A New Approach To Counterterrorism Policy, Stuart Macdonald

ILSA Journal of International & Comparative Law

One of the central objectives in counterterrorism policy is commonly said to be to balance the competing demands of security and liberty.

Perpetual Panic, Michael M. O'Hear

Faculty Publications

No abstract provided.

The Name Is The Same, But The Facts Have Been Changed To Protect The Attorneys: Strickland, Judicial Discretion, And Appellate Decision-Making, Gregory J. O'Meara

Faculty Publications

The gap between historical events and the way courts recount them in appellate decisions is highlighted by the differences in fact descriptions offered in the same case: Strickland v. Washington. The Supreme Court's majority decision ignores or recasts facts found in the lower courts in this case.

Paul Ricoeur, the leading philosopher of narrative, provides a framework that explains how legal facts are malleable and subject to distortion in his work on non-fiction narratives. He lays out instabilities inherent in any use of language and then broadens his inquiry to show that the transition from the oral to the written …

Yes To Nondiscrimination, No To New Forms Of Criminal Liability: A Reply To Professors Collins, Leib, And Markel, Michael M. O'Hear

Faculty Publications

This Essay responds to an article by Jennifer Collins, Ethan Leib, and Dan Markel, Punishing Family Status, 89 B.U. L. Rev. 1327 (2008). Among other things, Collins et al. offer a new normative framework for determining when and how the criminal law may appropriately be used to promote voluntary care-giving relationships. This Essay argues that their framework is misconceived in two respects. First, voluntariness does not offer a persuasive foundation for criminal enforcement of care-giving responsibilities. The voluntary assumption of responsibilities later neglected has not generally been regarded as either necessary or sufficient as a basis for criminal liability, and …

The Rhetoric Of Self-Defense, Janine Young Kim

Faculty Publications

The rhetoric of self-defense is a powerful instrument in the hands of legal actors to shape our understanding of justified violence in society. This rhetoric is based not in the legal definition of self-defense but rather in the paradigmatic situation of deadly response to deadly attack, which offers useful guidance in interpreting the law's required elements. However, the paradigm also tends to embrace claims of morality and right that threaten to expand self-defense beyond recognition to consider inappropriate values such as vengeance and punishment.

In this Article, the author argues that self-defense should be viewed not only as a moral …

Plea Bargaining And Procedural Justice, Michael M. O'Hear

Faculty Publications

No abstract provided.

2008 Annual Report, Tennessee. Department Of Audit, Tennessee. Comptroller Of The Treasury

Department of Audit Annual Reports

This document is the annual report for the Tennessee Department of Audit.

Annual Report, Fiscal Year 2007-2008, Tennessee. Bureau Of Investigation

Annual Reports

This document is the annual report for the TBI during the fiscal year.

An Examination Of Female Youth Gangs, Tiffiney Y. Barfield-Cottledge, Myrna Cintron, Jonathan Sorensen

Contemporary Issues in Juvenile Justice

Cohen's subculture of delinquency theory (1955) posits that male youth gangs exist largely as the result of the status frustration experienced by rejected adolescents in their search for middle class acceptance. Cohen concluded that social and structural factors, particularly neighborhood and school environments, impacted youth gang prevalence. While many studies related to the existence of youth gangs have been conducted, few have focused specifically on female youth gangs. In the current study, an examination of female youth gangs was conducted using self-report data gathered for the National Longitudinal Survey of Youth (1997-2001). Contrary to arguments that gendered-specific criminological theories are …

Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Funding Justice: The Price Of War Crimes Trials, Rupert Skilbeck

Human Rights Brief

No abstract provided.

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.

Inferences, Arguments, And Second Generation Forensic Evidence, Erin E. Murphy

Faculty Articles

Advances in scientific and technological evidence have resulted in a new, second generation of forensic proof characterized by its high degree of probativeness, mechanical sophistication, and database-based investigative capacity. Methods such as DNA typing are already in widespread use in the criminal justice system, and law enforcement may soon have commonly available other novel techniques such as advanced biometrics, electronic locators, or even reliable lie detection systems. The promise and allure of such forms of forensic evidence rest in its high degree of accuracy. But the perception that such evidence is effectively infallible has resulted in an increasing number of …

The Ascent Of The Administrative State And The Demise Of Mercy, Rachel E. Barkow

Faculty Articles

It is not news to anyone familiar with criminal law and sentencing that we live in punitive, unforgiving times. Although scholars have sought to explain the rise in punishment and the incarceration boom of the past few decades, very little work has focused on the reasons why forms of mercy have been on the decline. Specifically, scholars have not done much to explore why the unreviewable power to be merciful through pardons and nullification is currently looked upon with such disfavor. While the same political climate that produces greater punishment also depresses mercy, that account is an incomplete one. As …

Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow

Comparative Research in Law & Political Economy

This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes), (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance, and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.

The Constitution, The Camps & The Humanitarian Fifth Amendment, Tucker Culbertson

University of Miami Law Review

No abstract provided.

Broken Government Promises: A Contract-Based Approach To Enforcing Plea Bargains, Michael D. Cicchini

New Mexico Law Review

No abstract provided.

Remembering Degiacomo, Kevin K. Washburn

New Mexico Law Review

No abstract provided.

Exploring 2006 Felony Domestic Violence Cases In Dallas County: Characterization And Analysis, Lydia Marie Jacobson-Connor

Social Work Theses - Archive

In 2004 the city of Dallas police department reported that among violent crimes, family violence was second only to assault in occurrence. This trend is observed throughout Dallas County, which is the focus of this exploratory study. The data consist of 904 family violence cases drawn from disposed felony family violence cases processed through the district attorney's office in 2006. We employed, geographic information systems, and bivariate and multivariate analysis to explore influences of family violence victims and the district attorney advocates on court outcomes. Variables used in these analyses included: 1) incident address (modified to protect confidentiality), 2) filing …

Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards

Fordham International Law Journal

This paper discusses the interconnection of historic, legal, and cultural contexts that result in the perpetuation of discrimination against women in Chinese society. The contextual analysis attempts to explain the causes for an increase in trafficking of women and the deplorable human rights violations perpetrated upon women in China today. The remedies to eliminate trafficking proposed in this paper are not easily implemented. The OCP must be revised to provide more incentives to rational family planning rather than harsh punishments and coercion. China needs to reverse a long-standing cultural tradition of male son preference and discrimination against women. We know …

The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein

Fordham International Law Journal

The War on Terror is not limited to the United States, but rather, requires the cooperation and dedication of European allies which also have suffered from deadly terrorist attacks. A casualty of President Bush's foreign policy at times during his term was the alienation of the United States' traditional European allies which have acquired invaluable experience in counterterrorist operations and strategy stemming from their historical circumstances. This Note will discuss the historical differences between the U.S. and European attention and approaches to counterterrorism to provide a context in which to contrast the spectrum of national security wiretapping procedures, standards of …

Analysis Of Police Officer Perceptions And Attitudes Regarding Vehicle Pursuits, Christopher G. Cook

Criminology & Criminal Justice Theses - Archive

The purpose of this study was to analyze differences in the way that officers respond to pursuit scenarios. This project used a survey questionnaire to gather responses from participants who read a chase scenario and considered the type of offense and risk factors to the public as they answered. Similarities and differences were analyzed in relation to demographical data regarding gender and years of experience as a police officer. Officers and supervisors were asked to respond to each scenario how they actually felt, without regard to current institutional constraints such as policies and procedures.

The People Decide: The Effect Of The Introduction Of The Quasi-Jury System (Saiban-In Seido) On The Death Penalty In Japan, Leah Ambler

Northwestern Journal of Human Rights

The Japanese people will soon decide the fate of criminal defendants for the first time in over 50 years. Under the Lay Assessor Act beginning in May, 2009, randomly selected members of the Japanese public will preside over criminal trials alongside professional judges and be responsible for determining both verdicts and sentences. 's retention of the death penalty means that members of the public will ultimately have to decide whether a person lives or dies.

This article examines the potential impact of the new lay assessor system, or saiban-in seido, on capital punishment in , and considers whether it may …

International Criminal Tribunals: A Review Of 2007, William A. Schabas

Northwestern Journal of Human Rights

This article will provide an overview of some of the highlights of the case law of the tribunals during 2007. The volume of material is enormous, and any attempt to be comprehensive will stumble on superficiality. Necessarily, then, this review article focuses on only some of the major issues. During 2007, the tribunals for the former and were in the advanced stages of their 'completion strategy.' Major cases were underway, with an ambitious target: to conclude trials at first instance by the end of 2008. Each tribunal had a big question mark about future priorities. The for completed its three …