Digital Commons Network^™

No Way Out? The Question Of Unilateral Withdrawals Or Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd

Chicago Journal of International Law

This Article addresses the consequent issue: What if a state, self-referring or referring the situation in another country, changes its mind and attempts to "withdraw" its ICC referral? What is the role and appropriate response of the ICC at that point? This issue becomes especially relevant and pressing as events in Uganda unfold and the possibility looms of an attempted "withdrawal" of Uganda's referral. This Article examines the Rome Statute, the drafting history, and the expert commentaries, together with the statutory and case law of the other major human rights courts and bodies, and the Vienna Convention on the Law …

Undergraduate Catalogue 2007-2009

Tennessee State University Undergraduate Catalogues

No abstract provided.

The Relevance Of The International Classification Of Functioning, Disability And Health (Icf) To Mental Disorders And Their Treatment, Geoffrey M. Reed, William D. Spaulding, Lynn F. Bufka

Department of Psychology: Faculty Publications

This article examines the potential usefulness of the ICF in the treatment of mental disorders.We suggest that there is a poor fit between the nature of mental disorders and the dominant model of health care based on the treatment of acute medical illness. An overemphasis on diagnosis has contributed to a bias toward pharmacotherapy and underuse of psychological treatments for people with mental disorders. Mental disorders are more accurately conceptualized as chronic conditions, in which the person’s pattern of functioning rather than diagnosis is most important in determining what services are needed. This is particularly the case for people with …

Reflections On Capital Punishment, Rob Warden

Northwestern Journal of Law & Social Policy

Authored by the Executive Director of the Center on Wrongful Convictions, this powerful article reviews the many different arguments against the death penalty and uses a multitude of case discussions to show how the death penalty works, not in theory, but in practice. Some of these arguments include: the death penalty does not have a demonstrable deterrent effect; it costs more to maintain the system than to imprison murderers for life; many wrongfully condemned defendants have been saved by the serendipitous discovery of evidence not available during trial; innocent persons have been executed; the death penalty has been applied in …

Victim And Witness Intimidation, Elsa Y. Chen

Political Science

Victim or witness intimidation is the practice of threatening, harming, or otherwise instilling fear in a victim of, or witness to, a crime, in an effort to prevent him or her from reporting a crime or testifying in court. It may also be used to convince a victim or witness to recant testimony that has already been made. The intimidation may involve physical violence, explicit threats of physical violence, implicit threats, and/or property damage. Threats may be made by the defendant or by his or her friends, family, fellow gang members, or other associates. Most victim and witness intimidation takes …

Two Jails In One: Impediments To Professionalization For Modern Jail Corrections Officers, Chelsey Lora

Theses & ETDs

In the qualitative study of corrections officers (COs) in a Florida county jail, participants demonstrated the difficulties of working in a 21st Century sheriff's department that is not professionalized but seeking to improve public image and conditions through policy changes that increase officer frustration rather than meet said goals. The day shift and the night shift demonstrated stark differences. These two conflicting shifts emerged not simply from distinct work responsibilities, but rather directly from seniority practices, shift organization, and department strategies for professionalization that ignore front-line officers own needs, responsibilities, and expertise. This study suggests that, through their attempts to …

Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman

Fordham Urban Law Journal

This Article examines the history and judicial interpretation of the Eighth Amendment's Excessive Bail Clause, which reads "excessive bail shall not be required." Debate on this topic has centered around two questions: whether the Clause binds only the courts or Congress as well and whether it creates any substantive right to bail. Specifically, the Article discusses the Bail Reform Act of 1984, and the Supreme Court's subsequent interpretation of the Act in United States v. Salerno. The Salerno court suggested that the Excessive Bail Clause limits only the judiciary and found, at a maximum, only an extremely limited substantive right …

Background Checks And Fingerprinting In Public School Systems (Part Ii), Mindy Salmans

Academic Leadership: The Online Journal (2003-2012)

This is the second of a three part series of articles discussing background checks and fingerprinting in the K-12 public schools. The first article discussed background checks with the inclusion of fingerprinting—the benefits and limitations as well as the policies of 50 states and the District of Columbia. This article discusses effects of educator misconduct, complaints and accusations, consequences for abusers, state disciplinary action, cause for sanctions, and access to actions.

Njit Highlanders Baseball 2009 Media Guide, New Jersey Institute Of Technology Athletic Department

Baseball

No abstract provided.

Washington University Magazine, Fall 2009

Washington University Magazine

No abstract provided.

States Of War: Defensive Force Among Nations (Reviewing George P. Fletcher & Jens David Ohlin, Defending Humanity: When Force Is Justified And Why (2008)), Guyora Binder

Book Reviews

In "Defending Humanity: When Force is Justified and Why," George Fletcher and Jens Ohlin analogize international defensive force to individual self-defense. Based on this analogy, Fletcher and Ohlin justify a presumptive right on the part of every state to intervene against aggression, and a right of humanitarian intervention in support of national groups but not populations. They oppose reprisals, preemptive defense, and resistance to invading armies by irregular troops. This review essay argues that the relative weakness of the Security Council, the unequal power of states, and the contingency of international recognition on effective force all undermine the analogy between …

Herring V. United States: A Minnow Or A Shark Term Paper, Albert W. Alschuler

Articles

No abstract provided.

Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler

Articles

No abstract provided.

The Clash Of Commitments At The International Criminal Court, Tom Ginsburg

Articles

No abstract provided.

The Modernizing Mission Of Judicial Review, David A. Strauss

Articles

Constitutional interpretation, as it is usually conceived, looks to the past-to an old text, to history, to precedent, to tradition-in an effort to limit political majorities But over the last generation or so, a different approach to the Constitution has emerged. That approach, which might be called modernization, tries to anticipate trends in public opinion instead of taking lessons from the past; and a modernizing court, instead of facing down popular majorities, yields when it finds out that it has misgauged public opinion. This modernizing approach has characterized the Supreme Court's recent work in many disparate areas, including, among others, …

Rethinking The Connection Between Developmental Science And Juvenile Justice, Emily Buss

Articles

No abstract provided.

Improving The Odds Of Government Accountability In The Disaster-Prone Era: Using The 9/11 Fund Factors To Remedy The Problem Of Toxic Katrina Trailers, Olympia Duhart

Faculty Scholarship

This article analyzes the dangers surrounding the toxicity levels in the trailers issued to Katrina survivors by FEMA, and identifies serious medical complications stemming from the temporary homes. Lack of government oversight in the process led to the distribution of formaldehyde-laced trailers that cost the government more than $2 billion and continue to poison residents years after the storm. Furthermore, the failures connected to disaster relief are even more disturbing in this disaster-prone era. More importantly, this paper also proposes the creation of a Toxic Trailer Fund to compensate residents of toxic FEMA trailers. Using the factors implicitly established by …

Cartograms, Crime And Location Quotients, Martin A. Andresen, Kathryn Wuschke, J. Bryan Kinney, Patricia Brantingham, Paul J. Brantingham

Criminology and Criminal Justice Faculty Publications and Presentations

Visualizing spatial information has a long history in the field of cartography. Though there are generally accepted forms of spatial data visualization to represent different types of spatial data, the interpretation of the resulting maps tends to be subjective at best and incorrect, at worst. Cartograms are an increasingly popular form of spatial data visualization, recently applied in political and epidemiological analyses in an attempt to better represent the spatial data under analysis. We use the cartogram procedure to map crime rates and location quotients. Using this visualization approach, we are able to show the usefulness of cartograms to represent …

Realizing A Promise: A Case For Ratification Of The Optional Protocol To The Covenant On Economic, Social And Cultural Rights, Jan Kratochvíl

Human Rights Brief

No abstract provided.

Combating Incitement To Terrorism On The Internet: Comparative Approaches In The United States And United Kingdom And The Need For An International Solution, Elizabeth M. Renieris

Vanderbilt Journal of Entertainment & Technology Law

In recent years, terrorist use of the Internet has been gaining in popularity, with more than several thousand radical or extremist websites in existence today. Because the Internet transcends physical and geographic boundaries, combating terrorist incitement on the Internet requires cross-border global cooperation. Although the international community has taken steps to combat the problem with United Nations Security Council Resolutions 1373 and 1624, the state parties to these resolutions have been unable to close the significant holes in the current international legal framework, and there is little evidence that terrorist use of the Internet for purposes of incitement is being …

An Indirect-Effects Model Of Mediated Adjudication: The Csi Myth, The Tech Effect, And Metropolitan Jurors' Expectations For Scientific Evidence, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak

Vanderbilt Journal of Entertainment & Technology Law

Part I of this article defines the "CSI effect," a phrase has come to have many different meanings ascribed to it. It emphasizes the epistemological importance of first describing the effect of the "CSI effect" as observed in juror behavior documented in a new study conducted in Wayne County (Detroit), Michigan, and then looking at causative factors that may be related to an explanation of those observed effects. Part II describes the methodology of the Wayne County study, provides a descriptive analysis of Wayne County jurors, and compares the jurors demographically to the Washtenaw County jurors who were surveyed in …

Birthing Out Delinquents: Alternative Treatment Options For Juvenile Delinquents, Jerome R. Price

American University Criminal Law Brief

No abstract provided.

What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua Larson

American University Criminal Law Brief

No abstract provided.

Professional Discretion And The Use Of Restorative Justice Programs In Appropriatedomestic Violence Cases: An Effective Innovation, Jean Ferguson

American University Criminal Law Brief

No abstract provided.

An Ambiguous Request For Counsel Before And Not After A Miranda Waiver: United States V. Rodriguez, United States V. Fry And State V. Blackburn, Harvey Gee

American University Criminal Law Brief

No abstract provided.

Juveniles Locked Up For Life For Non-Homicides: Cruel & Unusual Or An Appropriate Punishment?, Julie Swaney

American University Criminal Law Brief

No abstract provided.

The Arts Of Persuasion In Science And Law: Conflicting Norms In The Courtroom, Herbert M. Kritzer

Law and Contemporary Problems

Epistemology is important in the debate about science and technology in the courtroom. The epistemological issues and the arguments about them in the context of scientific and technical evidence are now well developed. Of equal importance, though, is an understanding of norms of persuasion and how those norms may differ across disciplines and groups. Norms of persuasion in the courtroom and in legal briefs differ from norms at a scientific conference and in scientific journals. Here, Kritzer examines the disconnect between science and the courtroom in terms of the differing norms of persuasion found within the scientific community and within …

Deranged Loners And Demented Outsiders? Therapeutic News Frames Of Presidential Assassination Attempts, 1973-2001, Kristen Hoerl, D. L. Cloud, S. E. Jarvis

Scholarship and Professional Work - Communication

There were 7 assassination attempts on U.S. presidents between 1973 and 2001. In this article, we critically examine coverage of each attack in The New York Times and The Washington Post, describing how the coverage employs therapeutic discourse frames that position the president as vulnerable and portray the attackers as lonely and demented outsiders. Noticing contradictions in this pattern, we also identify counterframes, including those acknowledging the political motivations of the assassins, the diminished public sphere that is a context for those actions, and the contradictions in a legal system that denies the insanity pleas of those framed so extensively …

Coding Complexity: Bringing Law To The Empirical Analysis Of The Supreme Court, Carolyn Shapiro

UC Law Journal

In recent years, the legal academy has experienced a surge of interest in quantitative empirical analysis. Unfortunately, this enthusiasm has not always been accompanied by careful analysis of what the tools and resources of quantitative analysis can tell us about law and legal doctrine. As this Article demonstrates, the findings of some studies therefore unwittingly reflect the limitations of those tools and resources rather than providing insight into the workings of courts.

Specifically, this Article provides a long-overdue critical analysis of the most influential source of data about the Supreme Court, the Original Supreme Court Database, created by political scientist …

Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment, And Adult Process, Jenny E. Carroll

UC Law Journal

This Article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey-a landmark decision that celebrates its tenth anniversary this year. It builds on the Author's experience as a public defender, during which she pioneered the surprising but straightforward argument that under Apprendi, findings that justify transferring a juvenile to adult court must be proven to a jury beyond a reasonable doubt. Apprendi requires that any fact authorizing a sentence higher than the otherwise applicable statutory maximum must be found by a jury using a beyond a reasonable doubt standard. This tenet applies directly to juvenile …