Digital Commons Network^™

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

Case Western Reserve Journal of International Law

No abstract provided.

Front Matter

Michigan Journal of International Law

No abstract provided.

Just Three Mistakes, John D. Altenburg Jr., Maj. Gen.

Case Western Reserve Journal of International Law

No abstract provided.

Understanding Social Care, Kevin Lalor, Perry Share

Books/Book chapters

No abstract provided.

Paper Women: The Representation Of Female Offenders In Irish Newspapers, Lynsey Black

Dissertations

Reductionistic definitions characterise many of the representations of women in our society. From superficial depictions of women as sex objects to the elevation of motherhood as a paragon of womanhood, women navigate myriad roles available to them exclusively because of their gender. Female offenders are potentially more vulnerable to such limitations of representation due to their relative invisibility. Society is largely unacquainted with the realities of circumstance for such women, who are therefore reliant upon media outlets to inform the public. The operation of this process in Ireland has not been the subject of extensive research, and the current study …

On Appeal: Reviewing The Case Against The Death Penalty, Dawinder S. Sidhu

West Virginia Law Review

No abstract provided.

When Sex And Cell Phones Collide: Inside The Prosecution Of A Teen Sexting Case, Robert D. Richards, Clay Calvert

UC Law SF Communications and Entertainment Journal

The high-tech phenomenon of teen "sexting," which is now garnering mainstream media attention, is pushing and straining traditional legal notions of what constitutes child pornography. As teens take sexually provocative photos of themselves and send them off to other teens via cell phones, some prosecutors are charging them as child pornographers. This article pivots on an exclusive, in-person interview conducted in Florida by the authors in May 2009 with attorney Lawrence Walters and his client Phillip Alpert, who sexted a nude photo of his girlfriend when he was 18 years old. Alpert was charged under child pornography laws and, today, …

Protecting The Innocent: Post-Conviction Dna Exoneration, Sophia S. Chang

UC Law Constitutional Quarterly

Eight states in the nation do not have laws allowing post-conviction DNA exoneration: Alabama, Alaska, Massachusetts, Mississippi, Oklahoma, South Carolina, South Dakota, and Wyoming. Without such laws, most wrongly convicted prisoners have no chance at proving their innocence because their defense depends on the exculpatory, yet unattainable, evidence that DNA provides. Denial of access to DNA evidence, whether prior to or after conviction, is an unconstitutional violation of due process. Additionally, forcing innocent people to remain in prison denies basic rights of prisoners and constitutes cruel and unusual punishment.

This Note argues that the prohibition of post-conviction DNA exoneration defeats …

The Significance Of Black History Month In The Age Of Barack Obama, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Faculty Publications

This Essay examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The Essay then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales …

Bargaining In The Shadow Of (International) Law: What The Normalization Of Adjudication In International Governance Regimes Means For Dispute Resolution, Andrea K. Schneider

Faculty Publications

After examining the similar goals and values that drive the simultaneous increase in international trials and the decrease in U.S. trials, the article then examines the challenges international adjudication poses to dealing with human rights violations and transitional justice situations. Simplistically, these tensions can be viewed as the need to strike a balance between peace and justice, top-down implementation and bottom-up impact, and process efficiency and conflict customization. The good news is that these challenges have been slowly working themselves out as the next generation of international adjudication models continues to improve. This continued improvement and normalization leads to an …

Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear

Faculty Publications

The federal sentencing guidelines for environmental crimes bark loudly, calling for sentences of imprisonment for all but the most trivial of environmental offenses. Although the terms of imprisonment are not long, the prospect of even a short period of incarceration is doubtlessly capable of getting the attention of the white-collar professionals who typically commit environmental offenses. Research I conducted in 2004, however, indicated that the bark of the environmental guidelines was considerably worse than their bite. Judges “departed” below the applicable guidelines range in an unusually high percentage of environmental cases, barely one-third of convicted environmental defendants received prison sentences, …

He Speaks Not, Yet He Says Everything; What Of That?: Text, Context, And Pretext In State V. Jeffrey Dahmer, Gregory J. O'Meara S.J.

Faculty Publications

In State v. Dahmer, the defense attempted to lead the jury through a series of inferences to conclude that the defendant was insane at the time he committed each of the fifteen murders charged; it portrayed a client who was fully cooperative and honest once the authorities arrested him. To make this approach work, the defense needed narrative distance between the defendant and the jury so he could not be cross examined about his meticulous planning of each murder or his prior inconsistent statements. This paper briefly lays out the development of the defense of insanity, focusing on the different …

Outlawing Amnesty: The Return Of Criminal Justice In Transitional Justice Schemes, Lisa J. Laplante

Faculty Publications

Until recently, immunity measures like amnesties were considered an acceptable part of promoting transitional justice in countries seeking to address past episodes of systematic violations of human rights. Politically sensitive context of countries seeking to broker peace between oppositional forces often outweighed the moral imperative of punishing those responsible for perpetrating human rights atrocities. Latin America exemplified this trend in the 1980s, while also popularizing truth commissions. The resulting truth v. justice debate eventually sidelined criminal trials in transitional justice schemes, accepting amnesty as lawful. However, growing international human rights and international criminal law jurisprudence began to slowly put in …

Rethinking Drug Courts: Restorative Justice As A Response To Racial Injustice, Michael M. O'Hear

Faculty Publications

Specialized drug treatment courts have become a popular alternative to more punitive approaches to the "war on drugs," with nearly 2,000 such courts now established across the United States. One source of their appeal is the belief that they will ameliorate the dramatic racial disparities in the nation's prison population - disparities that result in large measure from the long sentences handed out for some drug crimes in conventional criminal courts. However, experience has shown that drug courts are not a "do-no-harm" innovation. Drug courts can produce both winners and losers when compared to conventional court processing, and there are …

2009 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.

The Rome Statue And Captain Planet: What Lies Between 'Climate Against Humanity' And The 'Natural Environment?, Mohadmmed Saif-Alden Wattad

Fordham Environmental Law Review

No abstract provided.

The Intersection Of Dispute Systems Design And Transitional Justice, Andrea Kupfer Schneider

Faculty Publications

Dispute Systems Design (DSD), the process of creating structures to deal with repeated or systemic disputes, can be applied to both the most mundane and the most horrific of conflicts. We know that human rights violations can be perpetrated by governments or non-state actors, can be regional or national, and can be targeted against a particular group or have random victims. We know that these violations can occur as a spurt of extreme violence over a short time or can last for generations. We also know, historically, of many different methods by which to deal with human rights violations.

The …

Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer

Human Rights Brief

No abstract provided.

Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur

Human Rights Brief

No abstract provided.

Rethinking The Mérida Initiative: Why The U.S. Must Change Course In Its Approach To Mexico’S Drug War, Stephanie Erin Brewer

Human Rights Brief

No abstract provided.

Detention And Prosecution Of Alleged Terrorists And Combatants, Jonathan Tracy

Human Rights Brief

No abstract provided.

Hope For Change In Immigration Policy: Recommendations For The Obama Administration, Ajmel Quereshi

Human Rights Brief

No abstract provided.

Panel 2: How Are Laws Applied And Detention Practices Reformed? Advocacy And Campaigning Against Torture , James Ross

Human Rights Brief

No abstract provided.

Panel 2: How Are Laws Applied And Detention Practices Reformed? Question & Answer Session , Steven Watt, Claudio Grossman, James Ross, Eugene Fidell

Human Rights Brief

No abstract provided.

Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention: Oversight Practices Of U.S. Juvenile Facilities , Ted H. Rubin

Human Rights Brief

No abstract provided.

International Legal Updates, Evan Wilson, Tracey Begley, Caitlin Shay, Shubra Ohri, Annamaria Racota, Bhavani Raveendran, Ri Yoo, Aileen Thomson

Human Rights Brief

No abstract provided.

Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place

Kentucky Law Journal

No abstract provided.

Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin

Journal Articles

Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …