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The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks

Maryland Journal of International Law

No abstract provided.

"Risk Society" And The Precautionary Approach In Recent Australian, Canadian And Uk Judicial Decision Making, Filip Gelev

Comparative Research in Law & Political Economy

After the terrorist attacks of 11 September 2001 terrorism was added to the list of potentially catastrophic global events, such as global warming or nuclear explosions, which characterise Ulrich Beck's risk society. Operating in an atmosphere of fear, executive governments and parliaments around the world take precautionary measures to prevent future terrorist acts - governments accumulate information, detain terrorism suspects, freeze funds and so on. International Relations scholars see the judiciary as a guardian of human rights that can stop or at least curb the excesses of the other two branches of government. The article argues that this view is …

Judicial Independence As A Public Policy Instrument, Adam M. Dodek

Comparative Research in Law & Political Economy

The participation of judges in commissions of inquiry has been an important part of the public policy process in Canada and elsewhere. However, the use of judges for these and other extra-judicial functions is not wholly positive and the other side of the balance must be considered as well. This paper chronicles the dramatic rise of the use of judges by governments for such policy functions, arguing that it has resulted in a 'judicialization of politics' of a different sort from the standard conception of that term. The current political culture of independence and accountability has made judicial independence a …

Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson

Comparative Research in Law & Political Economy

Clinical legal education has achieved widespread acceptance throughout the world, growing by leaps and bounds during recent decades in countries like Russia and China, and expanding rapidly in other areas of Eastern Europe, Latin America and Africa. It is, arguably, the most significant innovation in legal education since the “invention” of the Socratic-case method in the United States, at the turn of the 20th Century. There is, however, one geographic area where the philosophy and methodology of clinical legal education has been resisted. That area is Continental Western Europe (the UK has something of a tradition of clinics, though stunted). …

Memory Lost: Brown V. Board And The Constitutional Economy Of Liberty And Race, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

Reconceptualizing Competence: An Appeal, Mae C. Quinn

Washington and Lee Law Review

No abstract provided.

Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Fordham International Law Journal

This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day piracy, first in Southeast Asia and then in Somalia. Part III provides the current international legal framework for battling piracy, by focusing first on the definition of piracy in international law, and then on the existing international legal …

Probation Revocations Based On Technical Violations: Do Probation Officers Contribute To Higher Rates?, Amanda Kent

Criminology & Criminal Justice Theses - Archive

A recent report by The Pew Center on the States (2009) indicated 1 in 31 adults are under the control of the correctional system nationwide. In Texas, it is reported that 1 in 22 adults are under the control of the correctional system or rather in prison, jail, on probation or parole (The Pew Center on the States, 2009). The prisons in Texas and throughout the nation are becoming overcrowded which presents a problem for administrators and the public alike. Texas has experienced an increase of 310% in their prison population between 1985 and 2005 and it is expected to …

Dishonest Associates In The Workplace: The Correlation Between Motivation And Opportunity In Retail Among Employee Theft, Edith Marie Fikes

Criminology & Criminal Justice Theses - Archive

White-collar crime is a major loss to the economy, employers, and consumers. It is a crime that often goes undetected, and when detected, employers rarely file charges, so estimates as to how often it occurs are hard to come by. White-collar crime is a very broad category so the focus of this study was on a sector of white-collar crime, retail employee theft. Cressey's (1973) fraud triangle contained three components: motivation, opportunity, and rationalization. Cressey (1973) claimed that if any of one of these three components did not exist, then the crime would not occur. In this study, retail employee …

The Role Of International Criminal Tribunals In Promoting Respect For Fair Trial Rights, Wolfgang Schomburg

Northwestern Journal of Human Rights

This article analyzes how the two United Nations Tribunals, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have defined the notion of a fair trial by adopting the provisions of the International Covenant on Civil and Political Rights (ICCPR). The article argues that fundamental due process has experienced a revival in the Criminal Tribunals due to gaps in the Rules being filled in response to the ICCPR. The article examines particularly Articles 9 and 14 of the ICCPR.

We're All Experts Now: A Security Case Against Security Detention, Deborah Pearlstein

Case Western Reserve Journal of International Law

No abstract provided.

Combating Terrorist Financing: General Report Of The Cleveland Preparatory Colloquium, Nikos Passas

Case Western Reserve Journal of International Law

No abstract provided.

In The Name Of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (And Other Countries Don't), Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

For more than three decades, American prosecutors have been bringing criminal prosecutions against pregnant women based on their use of drugs while pregnant, with charges ranging from child abuse or neglect to murder. Almost all of these women are poor, and the vast majority are also women of color--many with histories of childhood sexual or physical abuse and mental disability. In all but three states-Alabama, Kentucky, and South Carolina--such prosecutions have been declared unconstitutional or the resulting convictions have been overturned. Nonetheless, prosecutions continue to be brought, in what can only be described as a crusade against pregnant women in …

Veterans In The Fight For Equal Rights: From The Civil War To Today, Ron E. Armstead

Trotter Review

When a man puts his life at the disposal of the nation, that man has earned the rights of a citizen. So the black man owes it to himself and to his advancement to heed the call of war. That is what Frederick Douglass thought, and he gave voice to that opinion in his last autobiography, Life and Times of Frederick Douglass (1881): “I … urged every man who could to enlist to get an eagle on his button, a musket on his shoulder, and the star-spangled banner over his hand.” History has proven him wrong. black men and black …

African-American Activist Mary Church Terrell And The Brownsville Disturbance, Debra Newman Ham

Trotter Review

Mary Church Terrell (1863–1954) demonstrated the philosophy of calm courage many times in a long life of activism. In the middle of her life, when three companies of African-American soldiers in Brownsville, Texas, were dismissed without honor and without a hearing in 1906, she readily came to their defense. Their dismissals followed a racial disturbance during which one white man was killed and several others wounded in Brownsville. Terrell, at the urging of some African-American leaders, went to see Secretary of War William Howard Taft to request that the action against the black troops be rescinded until they received a …

Guantanamo, Habeas Corpus, And Standards Of Proof: Viewing The Law Through Multiple Lenses, Matthew C. Waxman

Case Western Reserve Journal of International Law

No abstract provided.

The International Criminal Court And Truth Commissions: A Framework For Cross-Interaction In The Sudan And Beyond, Christopher D. Totten

Northwestern Journal of Human Rights

This Article explores normative and institutional frameworks for interaction between the International Criminal Court ("ICC") and truth commissions. In particular, the Article examines how the ICC should approach prosecutions in countries where a truth commission may form, such as in the , in light of particular legal provisions binding on the ICC. Moreover, the Article argues for the use of particular institutional bodies within the ICC through which to facilitate information exchange with truth commissions. Finally, the Article explores implications for the ICC with regard to the prosecution of high and low-level perpetrators who have participated in a truth commission …

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Evaluating The Consequences Of Calibrated Sentencing: A Response To Professor Kolber, Miriam H. Baer

Faculty Scholarship

This is a Response to Adam Kolber's essay, The Subjective Experience of Punishment, 109 Colum. L. Rev. 182 (2009). Kobler criticizes courts for failing to take into account subjective experience of punishment when imposing sentences for criminal conduct. Kolber contends that the failure to calibrate punishment to reflect subjective experience undermines both retributivist and consequentialist arguments for punishment.

This Response grapples with the consequentialist implications of Kolber's argument. Specifically, it argues that calibrated sentencing may be far less desirable than its logical alternative, calibrated policing. Indeed, many would say that we already distribute police resources based on our estimation of …

Governing Corporate Compliance, Miriam H. Baer

Faculty Scholarship

In light of the financial meltdown of 2008, it is reasonable to question whether the prior decade’s emphasis on corporate compliance - the internal programs that corporations adopt in order to educate employees, improve ethical norms, and detect and prevent violations of law - has been fruitful. This Article contends that the key problem with compliance is that we regulate it through an adversarial system that pits federal prosecutors against corporate defense counsel, fueling distrust between corporate entities and the government, and between the corporate employees and the internal monitors tasked with ensuring compliance. Despite this adversarial atmosphere, a number …

The Presumption Of Guilt: Systemic Factors That Contribute To Ineffective Assistance Of Counsel In California, Laurence A. Benner

Faculty Scholarship

Our adversary system of criminal justice is premised upon the belief that effective advocacy by counsel for both the prosecution and the defense, conducted within a process founded upon principles of fundamental fairness, will "best promote the ultimate objective that the guilty be convicted and the innocent go free." The exoneration of the wrongfully convicted by the California Innocence Project and other innocence projects across the county has revealed, however, that our criminal justice system is sometimes deeply flawed. In theory, every person accused of a serious crime comes to court protected by a presumption of innocence and the promise …

Clara Shortridge Foltz Professorship Acceptance, Barbara Cox

Faculty Scholarship

No abstract provided.

Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen

Faculty Publications

Despite spending more than any other state on its implementation and administration, California today is saddled with a death penalty law that can be described only as completely dysfunctional. We have the longest death row in America, with approximately 670 inmates awaiting execution. Typically, the lapse of time between sentence and execution is twenty-five years, twice the national average, and is growing wider each year. One hundred nineteen inmates have spent more than twenty years on California's death row. Most of them will certainly die before they are ever executed. Since restoration of the death penalty in 1978, the leading …

2009 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 24

An Interview with Bernhard Schlink, page 34

“You shall love the stranger, for you yourselves were once strangers in the land of Egypt.”, page 40

Arguing Ashcroft v. Iqbal: A View from the Lectern, page 48

Their Defining Moments, page 52

Alumni News, page 58

2007 Icc Moot Court Competition Winning Briefs: "Best Brief" Victim's Advocate, Bharathi Pillai

Pace International Law Review

No abstract provided.

Combat Veterans, Mental Health Issues, And The Death Penalty: Addressing The Impact Of Post-Traumatic Stress Disorder And Traumatic Brain Injury, Anthony E. Giardino

Fordham Law Review

More than 1.5 million Americans have participated in combat operations in Iraq and Afghanistan over the past seven years. Some of these veterans have subsequently committed capital crimes and found themselves in our nation’s criminal justice system. This Essay argues that combat veterans suffering from post-traumatic stress disorder or traumatic brain injury at the time of their offenses should not be subject to the death penalty. Offering mitigating evidence regarding military training, post-traumatic stress disorder, and traumatic brain injury presents one means that combat veterans may use to argue for their lives during the sentencing phase of their trials. Alternatively, …

How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara

Fordham Law Review

The U.S. Court of Appeals for the Second Circuit became the first appellate court in nearly thirty years to uphold the dismissal of criminal indictments for a Sixth Amendment right-to-counsel vilation. United States v. Stein is a unique case that intertwines constitutional interpretation, constitutional remedies, white collar crime, and U.S. Department of Justice (DOJ) policy. The immediate effects of the Stein decisions not only reflect the changing attitudes at the DOJ on how to prosecute white collar crime but have simultaneously caused the Doj to implement such changes. As the Sixth Amendment has developed and augmented such changes, so has …

It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka

Fordham Law Review

State laws modeled on Tarasoff v. Regents of the University of California require psychotherapists to warn potential victims of law enforcement when treating dangerous patients who make serious threats of harm to another person. In practice, many psychotherapists advise their patients who make such threats about their duty under these Tarasoff-model laws. Although they are not required to make these advisories by law, psychotherapists generaly assume that they asldo have a concomitant ethical duty to advise their patients taht such threats will not be kept confidential, as their communications normally world be. This Note looks at how these advisories affect …

Tribal Law And Disorder: A Look At A System Of Broken Justice In Indian Country And The Steps Needed To Fix It, Matthew Handler

Brooklyn Law Review

No abstract provided.

How To Improve Empirical Desert, Adam J. Kolber

Brooklyn Law Review

No abstract provided.