Digital Commons Network^™

In Brief

In Brief

Table of Contents:

• From the Dean's Desk
• Masthead
• Is Forensic Evidence Infallible?
• Health Care Reform -- What Is the Answer to the Health Care Crises?
• Does Religion Belong in Public Schools?
• Does Copyright Law Promote Creativity?
• Reflections on Justice Souter
• Faculty Profile (Spencer Neth)
• Faculty Briefs
• School of Law Legacy Passed Down Through the Generations
• The Fight for International Justice
• Alumni Spotlight (Alan Riedel '55)
• Dedication to Helping Others
• Class Notes
• In Memoriam: The Passing of Professor Henry T. King, Jr. An International Law Icon
• Lecture Series 2009-2010

Talvi, Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Pace Law Review

No abstract provided.

Goodman & Epstein, Listening To Battered Women: A Survivor-Centered Approach To Advocacy, Mental Health And Justice, Julie Goldscheid

Pace Law Review

No abstract provided.

Toward A Unified Theory Of Retroactivity, Steven W. Allen

NYLS Law Review

No abstract provided.

Conflict Of Law And Surreptitious Taping Of Telephone Conversations, Carol M. Bast

NYLS Law Review

No abstract provided.

United States V. Leveto, Jennifer Steward

NYLS Law Review

No abstract provided.

Unf Raises The Roof On Osprey Fountains, University Of North Florida Alumni Association

Alumni Association

New sheet: Information from UNF Alumni Association regarding "UNF Happenings". Date: 2009

John Duran V. Utah Department Of Technology Services And Utah Career Service Review Board: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM DECISION OF UTAH CAREER SERVICE REVIEW BOARD, ENTERED JUNE 28, 2006, AND JULY 27, 2006, UPHOLDING TERMINATION DECISION OF UTAH DEPARTMENT OF TECHNOLOGY SERVICES

An Ounce Of Prevention: Why The Innocence Movement Should Focus On Proscriptive Pre-Conviction Measures Instead Of Abolition Of The Death Penalty, Rhiannon M. Hartman

Richmond Journal of Law and the Public Interest

When eyewitnesses identify defendants as perpetrators during criminal trials, juries almost always return a guilty verdict. Unfortunately, researchers consistently find that eyewitness identification is inherently inaccurate and unreliable. The Supreme Court of the United States acknowledged the broad scope of the problem as early as 1967, when it referenced Edwin M. Borchard's famous study of wrongful convictions, stating, "the vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification."' Since Borchard's 1932 study, there has been no remedy for the problem of wrongful conviction based on mistaken identification. In Samuel Gross's study …

Entry And Service Of Protective Orders In Virginia: Are You Really Protected, Susheela Varky

Richmond Journal of Law and the Public Interest

According to the Virginia Department of State Police, there has been a legislative effort in 2008 and 2009 over the past two years to ensure that essential data from protective orders1 is entered into the Virginia Criminal Information Network ("VCIN") immediately upon the order's issuance. While data entry may seem like a dull topic, the following story highlights the dire significance of this seemingly mundane task.

State Of Utah V. Luis Mirio Ceron : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order of dismissal with prejudice in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Ann Boyden, Judge, presiding.

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond

Richmond Journal of Law and the Public Interest

This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …

Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee

Richmond Journal of Law and the Public Interest

Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud

Richmond Journal of Law and the Public Interest

To understand a social system, it is important to have some knowledge of the structure and principles governing that system. The principles, when applied to the system, help in arriving at a better understanding of the underlying forces that operate dynamically to hold the system together. As the core values of a society change, the system must be able to adapt and reformulate its governing principles in order to compensate. When the system can no longer adapt to change and progress, it cries out for replacement. In light of the foregoing, this article further seeks to examine the universal principles …

The Impact Of The Size, Scope And Scale Of The Miloševic Trial And The Development Of Rule 73, Gillian Higgins

Northwestern Journal of Human Rights

No abstract provided.

What's So Civil About Civil Commitment?: Balancing The State's Interest In Treating Substance Dependence With The Protection Of Individual Liberty Interests, Rebecca L. Abensur

Hofstra Law Review

No abstract provided.

William Sherratt V. Utah Board Of Pardons, Et Al. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF RESPONDENTS / APPELLEES Appeal from the Judgment of the Third Judicial District Court, Salt Lake County, Judge Denise Posse Lindberg.

State Of Utah V. Leonard Stewart : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE FOURTH DISTRICT JUDICIAL COURT, STATE OF UTAH, FROM THE JUDGMENT AND SENTENCE OF THE HONORABLE GARY D. STOTT FOLLOWING A BENCH TRIAL CONVICTION FOR RETAIL THEFT WITH PRIOR CONVICTIONS, A THIRD DEGREE FELONY

Ricky Angilau V. State Of Utah : Appellant's Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is the reply brief of Ricky Angilau, who appeals from the denial of his petition for extraordinary relief entered in the Third District Court of Salt Lake County, State of Utah, the Honorable Vernice Trease presiding. This brief replies to the Sheriffs brief.

Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes Symposium: New Perspectives On Brady And Other Disclosure Obligations: What Really Works, Bruce A. Green

Faculty Scholarship

Prosecutors, criminal defense lawyers, judges, and legal academics from around the country recently met at the Benjamin N. Cardozo School of Law in New York to discuss prosecutors' compliance with their disclosure obligations. The overarching question was how prosecutors' offices could do a better job. To assist representatives of the legal profession in approaching this question from new directions, the Symposium organizers invited speakers from outside the legal profession to talk about the causes of error and methods used to reduce error in other contexts. One of the themes was that, outside the practice of law, individuals and institutions learn …

Responsible Environmental Behavior, Energy Conservation, And Compact Fluorescent Bulbs: You Can Lead A Horse To Water, But Can You Make It Drink?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Despite professing to care about the environment and supporting environmental causes, individuals behave in environmentally irresponsible ways like driving when they can take public transportation, littering, or disposing of toxic materials in unsound ways. This is the author's fourth exploration of how to encourage individuals to stop behaving irresponsibly about the environment they allege to care deeply about. The prior three articles all explored how the norm of environmental protection could be enlisted in this effort; this article applies those theoretical conclusions to the very practical task of getting people to switch the type of light bulb they use.

To …

Civic Republicanism Provides Theoretical Support For Making Individuals More Environmentally Responsible, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

The genesis for this essay is the recognition that individual behavior is contributing in a significant way to the remaining environmental problems we have. For a variety of reasons, ranging from the difficulty of trying to identify and then regulate all of these individual sources to the political backlash that might result if such regulation was tried, efforts to control that behavior have either failed or not been tried. The phenomenon of individuals as irresponsible environmental actors seems counter-intuitive given the durability of the environmental protection norm and polls that consistently show that people contribute to environmental causes, are willing …

Edison Community College General Catalog 2008-2009, Edison Community College

FSW Course Catalogs

Edison Community College General Catalog Volume Forty Seven. 2008-2009. Scanned by Internet Archive.

Exporting Harshness: How The War On Crime Helped Make The War On Terror Possible, James Forman Jr.

Georgetown Law Faculty Publications and Other Works

This Essay responds to a consensus that has formed among many opponents of the Bush administration’s prosecution of the war on terror. The consensus narrative goes like this: America has a long-standing commitment to human rights and due process, reflected in its domestic criminal justice system’s expansive protections. Since September 11, 2001, President Bush, Vice President Cheney, former Defense Secretary Rumsfeld, and their allies have dishonored this tradition. It is too simple, I suggest, to assert that the Bush administration remade our justice system and betrayed American values. This Essay explores the ways in which our approach to the war …

Métodos Qualitativos E Quantitativos Na Pesquisa Sobre Stress Ocupacional, Irvin Sam Schonfeld, Edwin Farrell

Publications and Research

O presente artigo examina as formas pelas quais os métodos qualitativos e quantitativos se apóiam mutuamente na pesquisa sobre o stress ocupacional. Os métodos qualitativos incluem (a) obtenção de informações a partir de descrições livres de vivências no trabalho, (b) observações diretas, cuidadosas no local de trabalho e (c) observadores participantes que descrevem uma determinada experiência de trabalho a partir do local onde ela ocorre. Mostra, também, como a pesquisa qualitativa estimula o desenvolvimento de teorias, a geração de hipóteses e a identificação de estressores no trabalho e de respostas de coping. As limitações da pesquisa qualitativa, especialmente na área …

The Demise Of The U.N. Economic Sanctions Regime To Deprive Terrorists Of Funding, Jimmy Gurule

Journal Articles

In response to the September 11, 2001 terrorist attacks and the growing prevalence of terrorist activities around the world, the U.N. Security Council devised and implemented a global economic sanctions regime to freeze the funds, financial assets, and economic resources of individuals and entities who finance and support acts of terrorism. Pursuant to Chapter VII of the U.N. Charter, the Security Council adopted Resolutions 1267 (1999) and 1333 (2000), which impose duties on States to prevent and sup- press the financing of terrorism. The international economic sanctions regime established by these resolutions has been characterized as "the sole vehicle for …

Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

The author examines how developments in international criminal law – including creation of the International Criminal Court and various hybrid tribunals – can have an impact on rule-of-law building efforts in post-conflict societies. Although trials of atrocity perpetrators primarily and appropriately focus on fairly trying the accused individuals, these processes also have a wider impact on public perceptions of justice and potentially can influence a society’s ability to embrace rule of law norms. The quality of outreach and capacity-building accompanying these trials may well have a decisive effect on whether these proceedings, on balance, strengthen or undermine public confidence in …

Commencement Program (December 2009), Csusb

CSUSB Commencement Programs

No abstract provided.

Retention Of Women In Law Enforcement : Training And Mentoring Within A Law Enforcement Agency, Naomi M. Bender

Theses and Dissertations

No abstract provided.

Between A Rock And A Hard Place: Tensions Between The U.S.-Rok Status Of Forces Agreement And The Duty To Ensure Individual Rights Under The Iccpr , Rijie Ernie Gao

Fordham International Law Journal

This Note argues that the Korea SOFA illustrates how the current approach to implementing SOFA agreements hinder state parties from complying with their legal obligations under article 2 of the ICCPR. Part I first provides an overview of the two competing bodies of international law at issue: the law governing the U.S. approach to foreign criminal jurisdiction, on the one hand, and the development of human rights law and the terms of article 2 of the ICCPR, on the other. Part II assesses the incompatibility between ICCPR and SOFA obligations from the point of view of both receiving and sending …