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Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack

Northwestern Journal of Human Rights

This article--prepared in connection with the annual review of atrocity crimes litigation conference hosted at Northwestern University School of Law--surveys important developments in the field of international criminal law in 2008. Although the article does feature certain key procedural developments, it primarily addresses developments in substantive law concerning the crimes of genocide, crimes against humanity, war crimes, and gender-based violence, as well as applicable forms of responsibility, including conspiracy, incitement, co-perpetration, and joint criminal enterprise. The survey identifies several trends in the jurisprudence toward better delineating the interfaces between international crimes and forms of responsibility and identifies cases with immediate …

Federal Rules Update: Technology-Related Rules, David A. Schlueter

Faculty Articles

In June 2009, the Standing Committee on the Federal Rules of Procedure and Evidence authorized publication for comment on a number of technology-related rules of criminal procedure. Criminal Rule 1 would state that the terms “telephone,” “telephonic,” or “telephonically” mean any form or live electronic voice communication. Rule 3 would allow officers to submit a complaint and supporting material electronically. Changes to Rule 4 would address electronically processed and submitted arrest warrants. Proposed new Rule 4.1 would permit magistrate judges to consider information presented electronically in deciding whether to issue a warrant or summons or approve a complaint. The amendment …

Federal Rules Update: Amendments To The Federal Rules Of Procedure And Evidence, David A. Schlueter

Faculty Articles

In a very unusual step, Congress enacted Federal Rule of Evidence 502. This rule deals with the attorney-client and work product privileges. The proposal for this rule was driven primarily by the concern over rising litigation costs associated with discovery, especially electronic discovery. Experience had demonstrated that in complex litigation cases lawyers spend considerable time and effort to preserve privileged documents. If a privileged document is mistakenly produced, there is a risk that a court would find subject matter waiver, not only in the case at bar, but in other cases as well.

The new rule became effective on September …

The Afterlife Of Ford And Panetti: Execution Competence And The Capacity To Assist Counsel, Christopher Seeds

Saint Louis University Law Journal

No abstract provided.

Teaching Federal Courts Where Outcomes Matter: A Curricular Conjecture, Richard A. Matasar

Saint Louis University Law Journal

No abstract provided.

Why I Don’T Teach Federal Courts Anymore, But Maybe Am Or Will Again, Georgene Vairo

Saint Louis University Law Journal

No abstract provided.

Chapman V. Commonwealth: Death Row Volunteers, Competency, And “Suicide By Court”, Stephen Skaff

Saint Louis University Law Journal

No abstract provided.

Why Fools Choose To Be Fools: A Look At What Compels Indigent Criminal Defendants To Choose Self-Representation, Mark C. Milton

Saint Louis University Law Journal

No abstract provided.

Developments In Connecticut Criminal Law: 2008, Timothy Everett

Faculty Articles and Papers

No abstract provided.

Jail Visitation: An Assessment Of Organizational Policy And Information Availability, Alicia H. Sitren, Hayden P. Smith, Brandon K. Applegate, Laurie A. Gould

Faculty Publications

Jail inmates face substantial emotional, economic, legal, and other challenges when they are incarcerated. The extent to which they are able to maintain contacts with individuals on the outside can substantially determine how well they cope with these concerns, and visitation is the primary way that such links may be maintained. To date, no systematic assessment of jail visitation policies has been conducted. The current study examined the availability of visitation policy information and the content of policies for national samples of large and small jails. The results suggest that large jails provide more opportunities for visitation and that they …

Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review of miscarriages of justice. These …

Getting Real About Race And Prisoner Rights, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

This Article explores the nexus of two stories central to contemporary American jurisprudence and--for tens of millions of citizens--central to the American experience: the rise of the “carceral state” through steep increases in the incarceration of non-whites, and the decline, over the very same period, in legal protections for prisoners. The Article suggests that these two stories cannot be considered in isolation from one another. Nearly everything we know about race from the social sciences suggests that, in the highly pressured context of prison life, racial tensions will play a role in the decisions that guards and administrators make concerning …

Campus Renewal - A 10-Year Road Map For Loma Linda University, Loma Linda University

Scope

In this issue . . .

2 | Campus renewal
A 10-year road map for Loma Linda University

6 | Renewal of the health care campuses
A long-range plan for Loma Linda’s health care institutions

8 | On the front lines in Iraq
An LLU alumnus serves in the line of fire

12 | Child philanthropist
Savannah Edwards raises funds for children with cancer

15 | Unlikely advocate for victims of AIDS
A transformed Victorian dispenses hope in the age of AIDS

17 | Snakes alive!
Snake wrangling in the name of science— and adventure

20 | Guests with a …

Vol. 7, No. 01 (January/February 2009)

Indiana Law Update

No abstract provided.

Reality Bites: The Illusion Of Science In Bite-Mark Evidence, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda

Journal Articles

The women's movement for equality bootstrapped to the movement for equality for Blacks. Now the reverse can happen. This Article uses family law and the plight of some battered women, as a lens to address analogous racial conflicts in the broader American family.

The Jena Six, Mass Incarceration, And The Remoralization Of Civil Rights, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff

Book Chapters

The international legal community is beset today with talk of accountability. Governments, international organizations, non-governmental organizations, and scholars speak of the need to hold individuals responsible for official acts that violate the most cherished of international human rights. Some study the nature of various infractions with an eye toward codification; others seek to create or engage mechanisms for trying or otherwise punishing individuals. Their common mission is based on a shared understanding that international law has a role to play not only in setting standards for governments, non-state actors, and their agents, but in prescribing the consequences of a failure …

2009-2010 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.

Winter 2009, Seattle University

Seattle University Magazine

No abstract provided.

Racial Exhaustion, Darren Lenard Hutchinson

UF Law Faculty Publications

Contemporary political and legal discourse on questions of race unveils a tremendous perceptual gap among persons of color and whites. Opinion polls consistently demonstrate that persons of color commonly view race and racial discrimination as important factors shaping their opportunities for economic and social advancement. Whites, on the other hand, often discount race as a pertinent factor in contemporary United States society. Consequently, polling data show that whites typically reject racial explanations for acute disparities in important socio-economic indicators, such as education, criminal justice, employment, wealth, and health care. Echoing this public sentiment, social movement actors, politicians, and the Supreme …

Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman Jr., Angela Davis, Michael Gerhardt, K. C. Johnson, Lyrissa Barnett Lidsky, Howard M. Wasserman

UF Law Faculty Publications

This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools (SEALS) in July 2008 in West Palm Beach, Florida. The transcript has been edited for grammar, punctuation and writing style, as well as for limited content changes.

Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan

Law Faculty Scholarship

This article includes a review of the process by which the New Mexico courts have developed an independent state constitutional jurisprudence reflecting more expansive protections of individual rights than those afforded by the Federal Constitution, as interpreted in the decisions of the United States Supreme Court. It addresses the existing body of state constitutional law and suggests possibilities for further developments, including both the substantive aspects of state constitutional topics and the procedural requirements for asserting state constitutional protections as alternative sources for protection of individual rights. It documents how far New Mexico has come in developing a state constitutional …

The Butterfly Effect Of Politics Over Principle: The Debate Over The Unborn Victims Of Violence Act And The Motherhood Protection Act, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

Eight Perspectives On Yvon Neptune V. Haiti, Jens Iverson

UC Law SF International Law Review

Yvon Neptune v. Haiti is a noteworthy decision of the Inter- American Court of Human Rights, with potentially wide-ranging impacts. The Court ordered a wholesale change in the Haitian prison system in order to prevent Haiti from violating former Haitian Prime Minister Yvon Neptune's rights again. Haiti violated Articles 1 (obligation to respect rights), 5 (humane treatment), 7 (personal liberty), 8 (fair trial) and 25 (the right to judicial protection) of the American Convention on Human Rights. Haitian and U.S. human rights groups worked together with a "virtual" human rights clinic to trigger the decision by filing a petition with …

Potato, Potahto: Whether Ineffective Assistance Or Due Process, An Effective Rule Is Overdue In Termination Of Parental Rights Cases In Florida, Anthony C. Musto

St. Thomas Law Review

Pat X., a Florida resident, is a good father who loves, provides for, and takes care of his child. So, he is stunned one day when his child is removed from him and a petition for termination of his parental rights is filed. The petition alleges that Pat, who has never had any problems with the law, was convicted of first degree murder and sentenced to life imprisonment. It seeks termination on the basis that Pat will be incarcerated for a substantial portion of his child's remaining minority.' Pat's lawyer investigates the matter. The lawyer speaks with the prosecutor who …

The Banality Of Excessive Defender Workload: Managing The Systemic Obstruction Of Justice, Bennett H. Brummer

St. Thomas Law Review

This article focuses on the impact of public defender' ("PD") excessive caseload ("EC") and related indigent defense issues on the values of professionalism, stewardship, and patriotism. It can be regarded as a sequel to my previous article, "Independent, Professional Judgment: The Essence of Freedom," which dealt with the same fundamental values, but a wider range of topics. The article is intended as a reference, including recent material, in a somewhat different context from previous studies. In my experience, for the last 40 years, the normal functions of our state and local criminal justice systems ("CJS"), especially indigent defense and the …

Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown

Articles by Maurer Faculty

The past twenty-five years has witnessed dramatic changes in the world, including the rise of international trade, unprecedented movement of people across national borders, tremendous advances in communication technologies and new forms of knowledge. Due to the changes of this magnitude, the American public is aware of new and formidable global and international problems that did not exist before. However, these changes also provide the conditions for applying new solutions to domestic problems that have plagued American society for decades. This Article puts forward an innovative suggestion to a persistent problem of American society: the problem of how to improve …

Defining Empirical Frames Of Reference In Constitutional Cases: Unraveling The As-Applied Versus Facial Distinction In Constitutional Law, David L. Faigman

UC Law Constitutional Quarterly

As well illustrated by the litigation in Brown v. Board of Education, it is incumbent on the Supreme Court to identify the empirical frame of reference it uses to evaluate the constitutionality of some challenged action. In Brown, this required the Court to determine whether the proper frame of reference through which to measure constitutionality were the general effects of segregation, or whether constitutionality had to be assessed based on segregation's effects on the children involved in the specific cases before the Court. The Court chose the general frame, thus invalidating school segregation generally. This framing problem occurs throughout constitutional …

Leveraging Maximum Reform While Enforcing Minimum Standards, Alphonse Gerhardstein

Fordham Urban Law Journal

This Article focuses on criminal justice reform in the context of litigation. Specifically, it offers solutions for how to promote effective policies to reduce recidivism and ultimately keep the public safe from crime. It takes the position that litigation that merely focuses on constitutional violations of prison confinement is not complete without a focus on programming and supervision options upon return to society. Part I of the Article reviews some of the problems facing efforts to improve recidivism rates, specifically litigation that solely focuses on prison conditions. Part II deals with programs that should be undertaken to reduce recidivism in …