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Rule 11 Bis: An Examination Of The Process Of Referrals To National Courts In Icty Jurisprudence, Olympia Bekou

Fordham International Law Journal

Rule 11 bis forms a cornerstone of the ICTY's completion strategy. Part I of this Article provides an analysis of the elements of the rule. This Part will highlight the purpose of Rule 11 bis, offer an overview of the legal basis through which the transfer of jurisdiction has taken place in the ICTY, discuss the referral process and the elements necessary for a successful referral, and, finally, round out the discussion with an overview of the decision making process of the referral bench in identifying which state is suitable to proceed with a trial once it is determined that …

"A Mere Pretense Of Justice": Complementarity, Sham Trials, And Victor's Justice At The Rwanda Tribunal, Lars Waldorf

Fordham International Law Journal

This Article beings by sketching the background of the recent Rwandan Patriotic Front ("RPF") trial, focusing on domestic impunity for RPF crimes and strained relations between Rwanda and the International Criminal Tribunal for Rwanda ("ICTR"). It next describes and analyzes the components of the ICTR-Rwanda agreement: the agreement itself, the RPF trial, and the ICTR prosecutor's assessment of the trial. The Article then explores the larger issues of prosecutorial discretion and independence, complementarily, and victor's justice, while examining the implications for the International Criminal Court ("ICC").

Assessing The Current Status Of Restorative Justice Practice, Rachel Ann Geier

Theses and Dissertations

No abstract provided.

The Gatekeeping Behind Meritocracy: Voices Of Nyc High School Students, Arlene Melody Garcia

Dissertations, Theses, and Capstone Projects

Survey and focus group sampling of students in high achieving schools compared to lower achieving schools were used to examine why there are fewer black men graduating from high schools in New York City as well as high schools around the country compared to other groups of students. Race is disaggregated in order to look at the difference in achievement rates for African American, black Hispanic, African, and Afro-Caribbean men. The findings support the contention that foreign-born blacks do better academically than native blacks.

Focus groups consist of black males, females, and staff at six of the 12 schools; field …

Navigating The Gaze: Young People's Intimate Knowledge With Surveilled Spaces At School, Patricia Krueger

Dissertations, Theses, and Capstone Projects

The 1980s introduced numerous state and federal policies that created a similar ideology of discipline and punishment in the educational system and the criminal justice system, a phenomenon known today as the school-to-prison pipeline. Several critical elements are involved in the production and maintenance of the school-to-prison pipeline, such as zero tolerance regulations, surveillance technologies, and strengthened in-school discipline practices. In this dissertation I argue that these elements of the pipeline maintain a strong presence and occupy the physical spaces of public schools. Moreover, surveillance cameras and police officers are most often installed in the cities' most under-resourced public schools, …

Repellent Crimes And Rational Deliberation: Emotion And The Death Penalty,, Susan Bandes

College of Law Faculty

No abstract provided.

Foreword, Susan Bandes

College of Law Faculty

No abstract provided.

"Reconnecting To Resilience" A Historical Study Of Slave Narratives With Implications For Social Work Practice With African American Youth From High Risk Environments, Barbara E. Milton Ii

Dissertations, Theses, and Capstone Projects

The often times high risk environment of African American youth negatively impacts their psychological well being, their family relations and community connections. Many African American youth today are experiencing the vestiges of historical trauma that took root in America in the 17th Century when the first Africans came to America. As a result of generational transmission of historical trauma, many youths today are disproportionately underachieving in education, disproportionately poor, disproportionately monitored by police and incarcerated and disproportionately disrespected by the society at large. In order to reduce the disparity of contemporary problems effecting African American youth, social scientists need to …

Memorial Laws: Social And Media Construction Of Personalized Legislation, 1994-2005, Faith H. Leibman

Dissertations, Theses, and Capstone Projects

This dissertation explores the possibility that certain social, demographic, and political factors have led to the recent adoption by American state legislatures of what are known as Memorial Laws. First enacted in 1994, these laws have become increasingly common. However, there has been little or no formal academic research into them. This investigation aims to provide a preliminary analysis of Memorial Laws and to contribute to a better understanding of the dynamics affecting their passage. Specifically, this study examines a variety of demographic traits of victims and the characteristics of the crimes committed against them in an attempt to determine …

Against Practice, Anthony V. Alfieri

Michigan Law Review

This Review examines the theory/practice dichotomy in legal education through the prism of the Carnegie Foundation's Educating Lawyers: Preparation for the Profession of Law. Descriptively, it argues that the Foundation's investigation of law school curricular deficiencies in the areas of clinical-lawyer skills, professionalism, and public service overlooks the relevance of critical pedagogies in teaching students how to deal with difference-based identity and how to build cross-cultural community in diverse, multicultural practice settings differentiated by mutable and immutable characteristics such as class, gender, and race. Prescriptively, it argues that the Foundation's remedial call for the curricular integration of clinical lawyer …

Ambiguous Statutes, Saul Levmore

Coase-Sandor Institute for Law & Economics Research Paper Series

Judge Frank Easterbrook is known for insisting that legislative intent is a misconception, bordering on oxymoron. He has also advanced the idea that legislative bargains should be upheld by courts and that where a legislature leaves a "gap," courts should be non-activis rather than eager gap-fillers. Still, there are many cases where legislation leaves ambiguities. I suggest that the cause of an ambiguity has some bearing on the best way for a judge to resolve it. Easterbrook decisions, including an Equal Pay Act case, where (unequal) wages were based on prior compensation, are used to reveal various strategies for dealing …

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

Marquette Law Review

The administration of the death penalty has become completely dysfunctional in California, to use the words of California Chief Justice Ronald M. George. The California Supreme Court is overwhelmed with a backlog of 80 fully briefed death appeals, and 100 fully briefed habeas petitions. California has the longest delays in the county, with 20-24 years elapsing between sentence and execution. With the longest death row in the county (680+), the chief cause of death on death row is death by natural causes, followed by suicide. California has had 13 executions since the death penalty was restored in 1978. The current …

Appellate Review Of Sentencing Policy Decisions After Kimbrough, Carissa Byrne Hessick

Marquette Law Review

In Kimbrough v. United States the U.S. Supreme Court addressed a question left open in United States v. Booker: whether to permit district courts to make sentencing decisions based on a policy disagreement with the Federal Sentencing Guidelines. The Booker Court, in order to avoid a Sixth Amendment jury right problem inherent in mandatory sentencing regimes, had held that the Guidelines were purely "advisory" and that district courts had discretion to sentence outside the ranges prescribed by the Guidelines. Ultimately, the Kimbrough Court held that district courts could sentence outside the advisory Guideline range based solely on a policy disagreement …

Culpability In Creating The Choice Of Evils, Marc O. Degirolami

Scholarly Articles

Can an actor justify criminal conduct when he was criminally culpable in creating the conditions making it necessary? Virtually every American jurisdiction answers that he cannot and bars the necessity defense under those circumstances. Whereas many scholars have condemned that response, this Article takes the very different view that the exclusion of the defense for purposeful, knowing, and reckless criminal conduct that directly causes the conditions leading to the allegedly justified act represents a sound retributivist check on what is an otherwise cruder evaluation of whether conduct is socially valuable, worthy of praise, or, in a word, justified. Criminal "created …

When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki

UC Law Journal of Race and Economic Justice

This article explores the important role that lawyers are afforded in evaluating the mental health concerns of clients. The article advocates that, where a lawyer has concerns about the mental, cognitive, or emotional health of a client, the lawyer should counsel the client to consider seeking appropriate mental health treatment. While acknowledging that counseling a client to seek mental health treatment is not an intuitive aspect of providing legal services, the article argues that humanitarian concerns, as well as the Model Rules of Professional Responsibility allow, and in some situations perhaps require, a lawyer to consider providing such a referral. …

Transitions To Justice: Prisoner Reentry As An Opportunity To Confront The Counteract Racism, Adrienne Lyles-Chockley

UC Law Journal of Race and Economic Justice

This article discusses the issues facing formerly incarcerated individuals upon reentry from prison into their communities, focusing primarily on the unique challenges faced by African-American males. The article first highlights the strong correlation between incarceration and race: People of color make up a disproportionate percentage of the U.S. prison population, are more likely to receive harsh prison sentences, and are less likely to be found eligible for parole. The article focuses specifically on the challenges facing African-American males as they exit prison and attempt to reenter a society where they will face institutional racism in multiple forms and on multiple …

Mean Streets: Violence Against The Homeless And The Makings Of A Hate Crime, Raegan Joern

UC Law Journal of Race and Economic Justice

In 1999 the National Coalition for the Homeless began to document incidents of hate crime and violence against homeless people in an annual report. The statistics and stories in these reports demonstrate a disturbing rise in violent attacks and murders of homeless people across the country. This note argues that these attacks, whereby the perpetrator targets the victim because he or she is homeless, meet the legal definition for a bias motivated or hate crime. Bias motivated crimes against the homeless are bred in a social context that devalues homeless people's lives and pinpoints them as appropriate targets for violence. …

A War Of Words: How Fundamentalist Rhetoric Threatens Reproductive Autonomy, Jennifer Baker

University of San Francisco Law Review

This Comment argues that the recent use of the term "adoption" to define the decision of one couple to donate an unused embryo to a different couple for implantation is simply an attempt by those opposed to abortion to chip away at reproductive rights.

Trading Kidneys For Prison Time: When Two Contradictory Legal Traditions Intersect, Which One Has The Right-Of-Way?, Emily C. Lee

University of San Francisco Law Review

This Article analyzes the criminal justice market and the human body market and their respective rules, theorizes on the assumptions underlying each, and applies the rules and assumptions to SB 480 to determine which long-standing tradition, as a legal matter, should have the right-of-way

International Criminal Law In The 21st Century: The Crime Of Genocide In Darfur, Ethan R. Ice

Denver Journal of International Law & Policy

No abstract provided.

Vol. 37, No. 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Vol. 37, No. 3: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

A Presumption Of Guilt: The Unlawful Enemy Combatant And The U.S. War On Terror, Leila Nadya Sadat

Denver Journal of International Law & Policy

No abstract provided.

Vol. 37, No. 4: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Evidence-Based Sentencing: The Application Of Principles Of Evidence Based Practice To State Sentencing Practice And Policy, Roger K. Warren

University of San Francisco Law Review

This Article examines these basic recidivism reduction principles of Evidence-Based Practice and the research on which they are based.

Social Software Programs: Student Preferences Of Librarian Use, Annie Epperson, Jennifer Leffler

University Libraries Publications

PURPOSE: The purpose of this paper is to present findings of an electronic survey to determine the extent of use of social software programs.

DESIGN/METHODOLOGY/APPROACH: The study was conducted to discover the extent to which students use social software programs, namely Facebook, MySpace, Instant Messaging and Second Life, and to determine their level of desire for having a librarian or library presence within those settings. A web survey was developed and distributed using convenience sampling. The survey was distributed to students at two college campuses located in the state of Colorado in the USA.

FINDINGS: The majority of respondents use …

Robust Appellate Review Of Sentences: Just How British Is Indiana?, The Honorable Randall T. Shepard

Marquette Law Review

While the notion of appealability of sentences is widespread, such appeals in most jurisdictions occur under standards like ―abuse of discretion‖ or ―plain error‖ or simply ―excessive.‖ In the late 1960s, Indiana began the process of importing into its constitutional law a piece of British doctrine that contemplates a more robust role for appellate courts. For two decades, this appeared to produce little if any difference in outcomes. In the first decade of the new century, however, a series of rule changes has prompted movement toward the original design.

The Future Of Appellate Sentencing Review: Booker In The States, John F. Pfaff

Marquette Law Review

None

Are Fusion Centers Standardized To Effectively Communicate And Share Information?, Peter Hayes Lantz

Electronic Theses and Dissertations

No abstract provided.

An Exploratory Study Of The Perceptions And Associated Coping Skills Of Children With Attention-Deficit/Hyperactivity Disorder, Rayna Ruth Mckinnon

PCOM Psychology Dissertations

Attention-deficit/hyperactivity disorder (ADHD) affects between 3% and 5% of school-age children. In addition to hyperactivity, difficulty paying attention, and impulsivity, children with ADHD have been found to have lower self-perceptions than their peers who do not have ADHD. Researchers have attempted to explain why children with ADHD have lower self-perceptions. Despite these studies, little research has explored how these children perceive themselves, others, and their world from their perspective. In addition, even fewer researchers have studied how these children cope. The purpose of this study was to delve into the lives of six children with ADHD as a means of …