Digital Commons Network^™

Giles V. California: A Personal Reflection, Richard D. Friedman

Articles

In this Essay, Professor Friedman places Giles v. California in the context of the recent transformation of the law governing the Confrontation Clause of the Sixth Amendment. He contends that a robust doctrine of forfeiture is an integral part of a sound conception of the confrontation right. One reason this is so is that cases fitting within the traditional hearsay exception for dying declarations can be explained as instances of forfeiture. This explanation leads to a simple structure of confrontation law, qualified by the principle that the confrontation right may be waived or forfeited but not subject to genuine exceptions. …

Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr

Articles

This article addresses the problem of incompetent representation by defense counsel in international criminal tribunals. According to the author, the ineffectiveness of a particular attorney may be attributable to a number offactors, including a lack of experience with international criminal law, unfamiliarity with the procedures of international criminal tribunals, and the simple failure to be fluent in the languages used by the court. Starr explains that the problem of incompetence persists because of obstacles to the recruitment, retention, and appointment of proficient defense lawyers, as well as the lack of administrative or judicial oversight concerning competence. The author points out …

How Should We Study District Judge Decision-Making?, Pauline T. Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin

Articles

Understanding judicial decision-making requires attention to the specific institutional settings in which judges operate. The choices available to judges are determined not only by the law and facts of the case but also by procedural context. The incentives and constraints shaping judges’ decision-making will vary depending on, for example, whether they have a life-appointment or are elected; whether they hear cases alone or with colleagues; and whether and under what circumstances their decisions might be altered, overturned, or undone by the actions of others. The basic insight that the institutional context matters has led to increasingly sophisticated studies of how …

Admissions Viewbook, 2009-2010, Illinois State University, Office Of Admissions

Admissions Viewbook

Recruitment booklet created by Illinois State University's Office of Admissions

Neo-Colonialism, Same Old Racism: A Critical Analysis Of The United States' Shift Toward Colorblindness As A Tool For The Protection Of The American Colonial Empire And White Supremacy, Marissa Jackson Sow

Law Faculty Publications

In the 1950s, Franz Fanon boldly asserted: "There is a fact: White men consider themselves superior to black men." Over five decades later, a majority of white Americans would deny this, but such heartfelt denials are often betrayed by social realities. The difficulties many African Americans  experience in their private lives because of their racial identities became a topic of public debate during the course of Barack Obama' s historic candidacy for President of the United States. Then-Senator Obama was largely dismissive of the racism directed toward him during his campaign, and often refused to combat it in a straightforward …

We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime

Cardozo Journal of Equal Rights & Social Justice

The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.

2009-2010 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

Hot Pursuit: The Media's Liability For Intentional Infliction Of Emotional Distress Through Newsgathering, Heather Berger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

New York Law School Magazine, Vol. 29, No. 1, New York Law School

New York Law School Magazine

From the Bronx to Beverly Hills: Larry Field’s (’63) Climb to Real Estate Royalty

Features:

The Fate of Google’s Book Search Tool: Professor James Grimmelmann and Students Shape the Debate

Meet the 1Ls!: The Law School Welcomes the First Class to Start in the New Building

New York Law School Goes to Washington: Professor Seth D. Harris and Beth Simone Noveck Join Obama’s Team

Qualitative And Quantitative Methods In Occupational-Stress Research, Irvin Sam Schonfeld, Edwin Farrell

Publications and Research

The paper examined the ways in which qualitative and quantitative methods support each other in research on occupational stress. Qualitative methods include (a) eliciting from unconstrained descriptions of work experiences, (b) careful first-hand observations at the workplace, and (c) participant‑observers describing “from the inside” a particular work experience. The paper shows how qualitative research stimulates theory development, hypothesis generation, and the identification of job stressors and coping responses. The limitations of qualitative research, particularly in the area of verification, are also described.

Bulletin 2009-2010, Seattle University School Of Law

Viewbooks

No abstract provided.

The Defense Of Necessity And Powers Of The Government, Youngjae Lee

Faculty Scholarship

No abstract provided.

To Serve Some And Protect Fewer: The Toronto Police Services' Policy On Non-Status Victims And Witnesses Of Crimes, Abigail Deshman

Journal of Law and Social Policy

No abstract provided.

Discretionary Sentencing In Military Commissions: Why And How The Sentencing Guidelines In The Military Commissions Act Should Be Changed, Brian Wolensky

Chapman Law Review

No abstract provided.

Assessing Student Learning And Perceptions In An Upper-Level General Education Requirement Argumentation Course, Kathryn Olson

International Journal for the Scholarship of Teaching & Learning

This project addressed the difficulties of teaching argument skills, a staple of liberal education, to a mixture of Communication majors and non-majors taking the course for General Education Requirement (GER) credit. The design uses independent instructor comparison of students’ pre- and post-test performances, students’ comparative self-evaluation of their pre- and post-test performances, as well as students’ reflections on their learning in response to a separate questionnaire and independent instructor assessment of their performance in arguing those reflective claims, to analyze learning processes in an upper-level argumentation course. The results include specific content concepts and course and instructor strategies that both …

The Right Remedy For The Wrongly Convicted: Judicial Sanction For Destruction Of Dna Evidence, Cynthia E. Jones

Fordham Law Review

Many state innocence protection statutes give courts the power to impose appropriate sanctions when biological evidence needed for postconviction DNA testing is wrongly destroyed by the government. Constitutional claims based on wrongful evidence destruction are governed by the virtually insurmountable “bad faith” standard articulated in Arizona v. Youngblood. The wrongful destruction of DNA evidence in contravention of state innocence protection laws, however, should be governed by the standards used to adjudicate other “access to evidence” violations in criminal cases, including disclosures mandated by the rules of criminal procedure, the Jencks Act, and Brady v. Maryland. Under the “access to evidence” …

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of International Armed Conflict, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Faculty Journal Articles and Book Chapters

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

International Decision, Civil Party Participation In Provisional Detention Appeals, Extraordinary Chambers In The Courts Of Cambodia, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Privilege Or Punish: Criminal Justice And The Challenge Of Family Ties, Dan Markel, Jennifer M. Collins, Ethan J. Leib

Faculty Journal Articles and Book Chapters

This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, we explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but we …

Panetti V. Quarterman: Solving The Competency Dilemma By Broadening The Concept Of Rational Understanding In Competency-To-Be-Executed Determinations, Gary R. Studen

Seton Hall Law Review

No abstract provided.

Human Trafficking: The Need For Federal Prosecution Of Accused Traffickers, Eileen Overbaugh

Seton Hall Law Review

No abstract provided.

Predicting The Future: A Bad Reason To Criminalize Drug Use, Douglas Husak

Utah Law Review

If there is a good reason to criminalize illicit drug use, we have yet to find it. We need a better reason to criminalize something than conjectures about how its frequency would increase if punishments were not imposed. These predictions are dubious both normatively and (in this case) empirically. Despite my uncertainty about the future, there is one prediction about which we can be absolutely confident: After decriminalization, persons who use illicit drugs will not face arrest and prosecution. The lives of drug users would not be devastated by a state that is committed to waging a war against them. …

The Nature And Extent Of Middle School Student's Behaviors, Perceptions And Response To Cyber Bullying, Brett Holfeld

Theses and Dissertations

No abstract provided.

Writing Center Annual Report For 2008-2009, John Jay College Writing Center

Reports and Publications from John Jay College

A report on the activities of the John Jay College Writing Center

The Victim-Informed Prosecution Project: A Quasi-Experimental Test Of A Collaborative Model For Cases Of Intimate Partner Violence, Lauren Bennett Cattaneo, Lisa A. Goodman, Deborah Epstein, Laurie S. Kohn, Holly A. Zanville

Georgetown Law Faculty Publications and Other Works

The Victim-Informed Prosecution Project (VIP) was designed to amplify the voice of the victim in the prosecution of a battering current or ex-partner through collaboration between the prosecution and victim-centered agencies. This article describes the rationale for and design and implementation of VIP and then explores whether it increased perceived voice. While some VIP services (advocacy and civil protection order representation) were associated with increased perceived voice, the program as a whole was associated with it only in the context of greater contact with prosecutors, when cases were more likely to be felonies. The authors make specific recommendations for applying …

What We Can Learn About Appeals From Mr. Tillman's Case: More Lessons From Another Dna Exoneration, Giovanna Shay

Faculty Scholarship

In 2006, Mr. James Calvin Tillman became the first person in Connecticut to be exonerated through the use of post-conviction DNA testing. He joined a group of DNA exonerees that currently numbers more than 200 nationwide. In many ways, Mr. Tillman's case is a paradigmatic DNA exoneration-involving a cross-racial mistaken eyewitness identification, issues of race, and faulty forensic testimony. This Article uses the published opinions affirming Mr. Tillman's conviction-particularly his direct appeal to the Connecticut Supreme Court, and his appeal from the state habeas proceeding-to reflect on the meaning of appellate and postconviction proceedings. Does Mr. Tillman's exoneration reveal any …

2009 Survey Of Books Related To Women And The Law: Review: Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Faculty Scholarship

The Author reviews journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) which presents an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars …

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

Faculty Scholarship

Journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) is an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars furthers the goal of …

The
 Appointment
 Of
 Civil
 Counsel
 For
 The
 Indigent:

 An
 Examination
 Of 
The
 Practice
 Through
 The 
Lenses 
Of
 History,
 Current 
Policy, 
And 
International 
Comparison, Michael Rhea

Honors Capstones

No abstract provided.

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

Faculty Articles, Papers, and Other Scholarship

The lesson from the Hamdi plurality and the Court in Boumediene is not that all hearsay is admissible in an executive-detention habeas action, but rather that the district courts should exercise their discretion in determining whether to allow particular hearsay statements into evidence and should seriously consider the degree to which such statements could be relied upon when assessing the legality of a detention. Although the legal and political issues raised by the habeas corpus authority of federal courts are familiar to most lawyers and legal scholars in the context of federal review of state convictions, in this article I …