Digital Commons Network^™

Impact Of A Proposed Federal Shield Law, Lisa Dahlke

Honors Program Theses

This study will examine how current proposals for a federal shield law compare to protections offered by state legislatures and state courts. My research will address the effectiveness of current state-level protections for journalists' use of confidential sources using analysis of data from a national survey of news outlets. By determining how different aspects of state protections influence subpoena frequency and compliance, I attempt to evaluate the key aspects of legislation currently being considered in Congress, the Free Flow of Information Act of 2009. I find clear evidence that the presence of a statute and a number of its provisions …

The Lockerbie Trial And The Rule Of Law, Hans Koechler

National Law School of India Review

The Lockerbie trial weaves together some of the most interesting notions in municipal criminal law with public international law concepts of state responsibility and personal criminal liability. Employing it as a case study, Professor Koechler analyses the criminal justice system from the perspective of international politics. He outlines the major problems plaguing such trials by highlighting the encumbrances caused by overarching political concerns. Professor Koechler, thus, provides a compelling analysis of the Lockerbie trial effectively bringing forth the controversial issues, raised thereby, which are going to beset the criminal justice paradigm for a considerable time.

Perspectives On Female Sexual Offending In An Irish Context, Sharon Lambert, Sean Hammond

Irish Journal of Applied Social Studies

The issue of child sexual abuse perpetrated by women has received little recognition by researchers and when the subject is addressed it is often dismissed as being a rare event. It is only in the last decade that greater interest has been shown in the area of female-perpetrated sexual abuse of children. This is due to the dramatic increase of research into all types of sexual offending and the decrease in the taboo surrounding victimisation. Current literature in the area has largely looked at the development of typologies and establishing prevalence rates. More recently research has focused on ‘barriers’ to …

Jim Crow Ethics And The Defense Of The Jena Six, Anthony V. Alfieri

Articles

This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil rights and criminal-justice strategies in cases of racially-motivated violence. To that end, this Article revisits the prosecution and defense of the Jena Six in the hope of uncovering the …

Cupola, 2009, Western New England College

Yearbooks

Western New England University was founded in 1919 as the Springfield Division of Northeastern University. The senior yearbooks bore the name of Northeastern University in some way until 1953. The yearbook was given its present day title, The Cupola, in 1961. Yearbooks contain photos of graduating seniors, campus events, student clubs and organizations, faculty and staff, athletic teams and events, and other memorable occasions from the academic year.

Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang Ngov

Faculty Articles

At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable doubt, to confront witnesses, and to exclude inadmissible evidence. However, these rights, except for the right to counsel, disappear at sentencing. In deciding a defendant’s sentence, a court may consider conduct that has not been proven beyond a reasonable doubt and even conduct of which the jury has acquitted the defendant. Consideration of acquitted conduct has resulted in dramatic increases in the length of defendants’ sentences sometimes resulting in life imprisonment based merely on a judge’s finding that a defendant more likely than …

Texas Law's Life Or Death Rule In Capital Sentencing: Scrutinizing Eight Amendment Violations And The Case Of Juan Guerrero, Jr., John Niland, Riddhi Dasgupta

St. Mary's Law Journal

The United States Supreme Court has never explained the Eighth Amendment’s impact in noncapital cases involving a mentally retarded or brain-injured defendant. The Court has not provided guidance to legislatures or lower courts concerning the acceptable balancing of aggravating and mitigating factors and the role that mitigating factors must play in the sentencing decision. A definitive gap exists between the protections afforded to a criminal defendant facing a life sentence as opposed to those confronted with the death penalty. The Court requires sentencing procedures to consider aggravating and mitigating factors, including mental retardation and brain damage, when imposing a death …

Protecting The Family Pet: The New Face Of Maryland Domestic Violence Protective Orders, Joshua L. Friedman, Gary C. Norman

University of Baltimore Law Forum

No abstract provided.

Grading Arson, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Judge Wayne Justice: A Life Of Human Dignity And Refractory Mules, Albert H. Kauffman

Faculty Articles

Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …

Smu Research, Volume 16, Office Of Public Affairs

SMU Research Magazine

No abstract provided.

The Political Economy Of Illegal Domains In India And China, Vanda Felbab-Brown

The International Lawyer

No abstract provided.

The Middle Ground In Judicial Review Of Enemy Combatant Detentions, Trevor W. Morrison

Faculty Articles

In periods of heightened national security concern, it is perhaps inevitable that the judiciary will be called upon to balance the government's asserted need for extraordinary powers against the rights of the individual. This is not an easy balance to strike, especially when the national security concern rises to the level of an actual military conflict and when the issue at hand is as difficult as the detention of alleged enemy combatants outside the ordinary criminal justice system. Nor is it a balance about which the Supreme Court has made many definitive statements. Indeed, as the Supreme Court observed at …

Texas Polygamy And Child Welfare, Martin Guggenheim

Faculty Articles

This article explains why the child welfare process was used in the 2008 San Angelo, Texas raid on the FLDS community which resulted in the removal of more than 400 children from their families. It argues that the criminal justice system, not the child welfare system, should be the preferred means by which state officials attempt to prevent the practice of polygamy. The criminal justice system contains many more time honored protections of civil liberties than the child welfare system. In addition, using the child welfare system contains one additional danger: the contamination and expansion of child welfare law to …

Foreword, Eugene Tucker, Gregory Murphy

Saint Louis University Public Law Review

No abstract provided.

Not Dead Yet: The Enduring Miranda Rule 25 Years After The Supreme Court’S October Term 1984, William F. Jung

Saint Louis University Public Law Review

No abstract provided.

Symposium: No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision , Jamin B. Raskin

American University Law Review

The Supreme Court's decision in Tinker v. Des Moines Independent Community School District forty years ago did for the ideal of expressive freedom in America's public schools what Brown v. Board of Education did for the ideal of racial equality. It made a core value of the Bill of Rights spring to life for young people facing authoritarian treatment at the hands of adult officials running their school systems. By privileging the right of students to engage in passionate political communication over the school's interest in maintaining discipline or the community’s interest in maintaining pro-war consensus, the Tinker decision was …

Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven

American University Criminal Law Brief

No abstract provided.

Thomas Jefferson’S Carriage: Arizona V. Gant’S Assault On The Belton Doctrine, Andrew Fois, Lauren Simmons

American University Criminal Law Brief

No abstract provided.

Letter From The Editor, John Nohlgren

American University Criminal Law Brief

No abstract provided.

Untangling The Right To Self-Representation In The International Criminal Tribunal For The Former Yugoslavia, Rachel K. Jones

Georgia Law Review

The Statutes of the International Criminal Tribunal for the Former Yugoslavia provide that a defendant has the right to defend himself in person. The bounds of this right, however, are nebulous. There have been few self- representation cases at the ICTY, but what has emerged in these cases is an ongoing conflict between the defendant's right to self-representation and the desire for a "fair and expeditious" trial. On one hand, the pro se right is extremely personal because the defendant is the only person who bears the consequences of losing at trial. On the other hand,high profile defendants are often …

Portraits Of The Undocumented Immigrant: A Dialogue, Stephen H. Legomsky

Georgia Law Review

Few subjects can match the pure polarizing power of illegal immigration. Yet the scholarly literature has made surprisingly little effort even to identify, much less evaluate, the critical philosophical and empirical assumptions that have driven either the perceptions or the policy prescriptions of the opposing camps. This Article seeks to fill that gap. Through a spirited dialogue between two fictional professors with sharply differing views, it paints contrasting portraits of undocumented immigrants. Two patterns emerge. First, the more restrictive positions invariably reflect what this Article calls "aggregation"-a tendency to visualize undocumented immigrants en masse and to emphasize their collective impact …

Working In The Public Interest Law Conference, Mary Bauer, Ajamu Baraka, David C. Fathi

Conferences and Symposia to 2010

The two-day event consisted of numerous panels and roundtable discussions with notable speakers from across the country. Panels explored topics such as the problem of eyewitness testimony in capital cases, examining the health law partnership, the harsh sentencing of juvenile offenders, same-sex marriage, the prevalence of sex trafficking and the sexual exploitation of minors, and combating economic disparity with civic engagement. Supreme Court review, ethics in practice, funding a public interest career, and race and the law were also addressed during lunch roundtable discussions.

Constitutional Cases 2008: An Overview, Patrick J. Monahan, James Yap

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

This paper examines the major constitutional decisions of the Supreme Court of Canada in the 2008 calendar year. The Court handed down a total of 74 judgments in 2008, just 12 (or 16 per cent) of which were constitutional cases. Ten of these were Charter cases, while the other two dealt with federalism issues. A full 7 of the 10 Charter claims succeeded, while one federalism claim was successful. In the most significant section 15 judgment since the Law decision almost a decade earlier, R. v. Kapp brought some much-needed clarification and simplification to equality law. Meanwhile, the Court also …

Sniffing Out The Ancillary Powers Implications Of The Dog Sniff Cases, James Stribopoulos

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

This paper critically evaluates the Supreme Court of Canada’s recent decisions in the dog sniff cases: R. v. Kang-Brown and R. v. M. (A.). After briefly assessing the impact of these decisions on the law of search and seizure, the paper considers the significance of the disagreement between the majority and dissent in these cases on the appropriateness of using the ancillary powers doctrine to recognize new “common law” police powers. The paper explains the origins of that doctrine, its operation and the controversy that continues to surround its use as a source of police powers. On this fundamentally important …

R. V. B. (D.): The Constitutionalization Of Adolescence, Nicholas Bala

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

Canadian law has long recognized that because youth have limited capacities and greater vulnerability, they should be afforded a special status in the criminal justice system. Since the Youth Criminal Justice Act (“YCJA”) came into force in 2003, the Supreme Court has favoured a “pro-youth” interpretation of the Act, restricting the use of custody for young offenders and protecting their legal rights. The 2008 decision of the Supreme Court in R. v. B. (D.) significantly extended this protective approach, recognizing that the principle of the “diminished moral blameworthiness” of youth in the criminal justice system has not only a statutory …

The Differential Treatment Of Adolescents As A Principle Of Fundamental Justice: An Analysis Of R. V. B. (D.) And C. (A.) V. Manitoba, Cheryl L. Milne

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

This paper discusses the Supreme Court’s characterization of adolescence in R. v. B. (D.) and its application of the criteria established by the Court as to what constitutes a principle of fundamental justice. The author also discusses implications of the decision on a subsequent case which focused on the nature of adolescent decision-making in the child health and welfare context, C. (A.) v. Manitoba (Director of Child and Family Services), and addresses the evidentiary aspects of the Court’s taking judicial notice of the psychological underpinnings of its decision in both cases. Ultimately, both cases establish a relatively consistent view of …

Comparative Law At The Supreme Court Of Canada In 2008: Limited Engagement And Missed Opportunities, Adam M. Dodek

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

This paper examines the use of comparative law by the Supreme Court of Canada in its 2008 constitutional cases. For all the rhetoric surrounding the Supreme Court as a global constitutional actor, the Supreme Court’s use of comparative law in the 2008 Term was quite modest. of the 12 constitutional cases in 2008, three used comparative law. The Court’s use of comparative constitutional law in 2008 can be described in terms of limited engagement and missed opportunities. In this paper, the author explains why we should be interested in the Supreme Court’s use of comparative law. He the n examines …

Csbs Statements, V11, Winter 2009, University Of Northern Iowa. College Of Social And Behavioral Sciences.

CSBS Statements

Contents:

-- From the desk of the (Interim) Dean...
-- Sabin Hall Renovation Set to Begin
-- 100th Anniversary Celebration
-- New Editorial Effort in CSBS
-- GeoTREE
-- College and Department Briefs
-- CSBS faculty take the lead on women's and gender Issues
-- Faculty Briefs
-- New Faculty
-- Faculty Awards
-- Digging In
-- Dressed for Success
-- Denmark's the Spot
-- Student Briefs
-- Field of Opportunities
-- Greetings from campus!
-- Donor Spotlight: Tim Hilby
-- The Gift of a Lifetime
-- CSBS Alumni Updates
-- In Memoriam
-- Stay United with UNI
-- We've …

Fact Book 2009-2010, Western Michigan University

Western Michigan University Fact Books

• General Information
• Enrollment Information
• Institutional Comparison
• Student Information
• Faculty Information
• Budgets and Resources