Digital Commons Network^™

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.

The Right To Allocution: A Defendant's Word On Its Face Or Under Oath?, Celine Chan

Brooklyn Law Review

No abstract provided.

An Appealing Split: Filing An Appeal After A Plea Bargain: Is Counsel Obliged To File A Meritless Appeal?, Tamar Kaplan-Marans

Brooklyn Law Review

No abstract provided.

Post-Racialism Or Targeted Universalism, John A. Powell

Denver Law Review

No abstract provided.

Back To Basics: Habeas Corpus Procedures And Long-Term Executive Detention, Marc D. Falkoff

Denver Law Review

No abstract provided.

2009-10 Granite State College - Undergraduate Catalog, Granite State College

Granite State College Catalogs

No abstract provided.

A More Lasting Comfort?: The Politics Of Minimum Sentences, The Rule Of Law And R. V. Ferguson, Benjamin L. Berger

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

As a priori political judgments about what is a just punishment in all circumstances, minimum sentences pose particular and profound problems for the administration of criminal justice. Mandatory minimums are, however, politically seductive. Faced with their proliferation in Canadian penal law, Canadian courts have experimented with using the constitutional exemption as a means of addressing the excesses created by mandatory minimum sentences. This experimentwas terminated in the Supreme Court of Canada’s recent decision in R. v. Ferguson. Although this judgment has been met with dismay in some quarters, this paper argues that the decision is best read as a welcome …

Children As Victims, Witnesses, And Offenders: An Introduction Through Legal Cases, Jillian N. Ducker, Jessica M. Salerno, Cynthia J. Najdowski, Bette L. Bottoms, Gail S. Goodman

Psychology Faculty Scholarship

This scholarly book provides the clinician with essential background information about children who appear in court proceedings as a victim, a witness, or a defendant. Research data form the basis for the discussions of children’s capacities, competencies, and vulnerabilities within the judicial system. All chapters are well referenced, with research data juxtaposed with courtroom vignettes. The vignettes are based upon the legal system in the United States but that does not detract from the research conclusions about children and adolescents within the legal system, which are equally applicable to Canadian court proceedings.

The Right To A Fair Trial And The Confrontation Clause: Overruling Crawford To Rebalance The U.S. Criminal Justice Equilibrium, Lindsay Hoopes

UC Law SF International Law Review

In the United States, the right to confrontation is the hallmark fair trial protection. Most foreign and international jurisdictions have adopted the right to confrontation as an integral component of their fair trial protections, modeling the right after the U.S. Constitution's Sixth Amendment. Just as any other right, the right to confrontation requires society to strike a balance between a defendant's right to a fair trial with other competing rights in the criminal justice system: namely, victim's and society's right to adjudication of criminal matters.

Historically, the United States allowed abrogation of the right to confrontation when evidence was sufficiently …

Justice For America's Poor In The Year 2020: Some Possibilities Based On Experiences Here And Abroad , Earl Johnson Jr.

DePaul Law Review

No abstract provided.

Transparency And Civil Justice: The Internal And External Value Of Sunlight, Kenneth Feinberg

DePaul Law Review

No abstract provided.

Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales

Michigan Journal of Gender & Law

This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …

The Failure Of Sexting Criminalization: A Plea For The Exercise Of Prosecutorial Restraint, Robert H. Wood

Michigan Telecommunications & Technology Law Review

The purpose of this Essay is to explore the various legal approaches to the sexting phenomenon through an analysis of a decision by the United States District Court for the Middle District of Pennsylvania, which granted a temporary restraining order enjoining the prosecution of sexting teens on constitutional grounds, and an examination of current and pending legislative attempts to deal with the sexting phenomenon. Section I describes the facts leading up to the district court decision and its subsequent holding. Section II examines the approaches to sexting prosecution and legislation taken by other states. Section III analyzes the legal issues …

2009 Winter Class Schedule, University Of Michigan Law School

Class Schedules

Class schedule for the 2009 Winter semester at the University of Michigan Law School

Predicting Inclusive Teaching Using The Transtheoretical Model Of Behavior Change And The Theory Of Planned Behavior, Heather D. Hussey

Doctoral Dissertations

The diversity related materials in many university and college courses do not reflect the extent of diversity in society (Banks, 2002). Attempts to diversify curriculum have been made (Montgomery, 2001; Richards, Brown, & Forde, 2007), but further work is needed to prepare students to thrive in a culturally diverse society (Banks, 2002; Marshall, 2002). Research regarding faculty views toward diversity on campus and in the curriculum is limited (Brunner, 2006; Piland, Hess, & Piland, 2000; Wasonga & Piveral, 2004). Although a majority of faculty believe that a diversified institution and curriculum is positive, little research has examined the types of …

Criminal Appeals: Past, Present, And Future, Chad M. Oldfather, Michael M. O'Hear

Marquette Law Review

This brief essay serves two purposes. The first is to make some general observations about criminal appeals. It thus outlines the substantial institutional and doctrinal differences between the appellate process in civil and criminal cases, notes the relative lack of scholarship devoted to the criminal appellate process, and suggests that the role of the judge in criminal cases is undertheorized. The second is to introduce the pieces in a symposium issue of the Marquette Law Review, most of which was presented at a conference held at Marquette University Law School and entitled “Criminal Appeals: Past, Present, and Future.”

Scottsboro, Michael J. Klarman

Marquette Law Review

This essay tells the story of Scottsboro, one of the most important legal events of the twentieth century, in which nine black teenagers were falsely accused of rape, sentenced to death, and twice successfully appealed their convictions to the United States Supreme Court. In addition to describing the Scottsboro episode in some detail, the essay seeks to draw some lessons from this story: Why did the Supreme Court’s first modern criminal procedure cases tend to involve southern blacks as defendants? Why did southern states seem to regress in their treatment of black criminal defendants in cases such as Scottsboro? What …

A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger A. Fairfax Jr.

Marquette Law Review

None

Taking Strickland Claims Seriously, Stephen F. Smith

Marquette Law Review

Every criminal defendant is promised the right to the effective assistance of counsel. Whether at trial or on first appeal of right, due process is violated when attorney negligence undermines the fairness and reliability of judicial proceedings. That, at least, is the black-letter law articulated in Strickland v. Washington, 466 U.S. 668 (1984). In practice, however, the right to effective representation has meant surprisingly little over the last two decades. Under the standards that emerged from Strickland, scores of defendants have received prison or death sentences by virtue of serious unprofessional errors committed by their attorneys. This Essay canvasses a …

"You Can't Get There From Here?": Ineffective Assistance Claims In Federal Circuit Courts After Aedpa, Gregory J. O'Meara S.J.

Marquette Law Review

One measure of a society is how it treats those with little power, those who have suffered from problems not of their own choosing. Surely victims of crime fit into this category, and society has not often given them what they desire and need. Though they garner far less sympathy, perpetrators of crime may also be vulnerable to forces beyond their control, including physical and mental disabilities, childhoods marked by abuse and neglect, and incompetent attorneys who fail to fulfill constitutionally mandated standards. The criminal justice system attempts to address deficiencies in the representation criminal defendants receive in part through …

Innocence Protection In The Appellate Process, Keith A. Findley

Marquette Law Review

It is often said that truth “accurate sorting of the guilty from the innocent” is the primary objective of criminal trials. Among the important safeguards in our criminal justice system intended to ensure that the innocent are protected from wrongful conviction is the system of appeals and postconviction remedies. Recent empirical evidence based on DNA exoneration cases reveals, however, that the appellate process does not do a good job of recognizing or protecting innocence. Examination of known innocents “those proved innocent by postconviction DNA testing” shows that they have rarely obtained relief on appeal. Moreover, those individuals subsequently proved innocent …

Judicial Blindness To Eyewitness Misidentification, Sandra Guerra Thompson

Marquette Law Review

Many studies of exonerations find that erroneous eyewitness identifications play a part in over 75% of all wrongful convictions. These studies have led to numerous proposals for reform of police procedures, yet we see surprisingly little progress toward minimizing eyewitness-identification error, a major cause of failure in the criminal justice systems of this country. This Article presents the findings of an empirical study of recent case law in which defendants challenge the legality of the eyewitness identification procedures. The study involved a review of all cases within the calendar year ending in April 8, 2009 in which state appellate courts …

Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise

Marquette Law Review

None

Temporary Victims: Interpreting The Federal Fraud And Theft Sentencing Guideline, Ryan N. Parsons

Marquette Law Review

None

Congressional Legislation: The Next Step For Corporate Deferred Prosecution Agreements, Rachel Delaney

Marquette Law Review

None

How To Analyze The Accuracy Of Eyewitness Testimony In A Criminal Case, Richard A. Wise, Clifford S. Fishman, Martin A. Safer

Scholarly Articles

This Article describes a method for analyzing the accuracy of eyewitness testimony that will significantly enhance the ability of the criminal justice system to assess eyewitness accuracy. The method consists of the following components: First, ascertain whether law enforcement conducted the eyewitness interviews in a manner that obtained the maximum amount of information from the eyewitness, did not contaminate the eyewitness's memory of the crime, or artificially increase the eyewitness's confidence. Next, determine whether the identification procedures in the case were fair and unbiased. Finally, evaluate what eyewitness factors during the crime are likely to have increased or decreased the …

Trafficking Of Women And The Harmonious Society: The Chinese National Plan Of Action On Combating Trafficking In Women And Children Within The Context Of Chinese Patriarchy And Reform, Sean Michael Barbezat

Human Rights & Human Welfare

The Chinese National Plan of Action on Combating Trafficking in Women and Children, an evolution of prior regional cooperative work in coordination with the United Nations Inter-Agency Project on Trafficking (UNIAP), is a considerable accomplishment. It represents a comprehensive, practical foundation for counter-trafficking work, and addresses the most serious concerns raised by Chinese and international anti-trafficking research over the last dozen years. However, a statement of this magnitude produced by a state not known for its sweeping human rights instruments leads to suspicion.