Digital Commons Network^™

Criminal Law—"But I Didn't Know Who He Was!": What Is The Required Mens Rea For An Aider And Abettor Of A Felon In Possession Of A Firearm?, James O'Connor

Western New England Law Review

No abstract provided.

Feeding Humanity, Starving Terror: The Utility Of Aid In A Comprehensive Antiterrorism Financing Strategy, Aloke Chakravarty

Western New England Law Review

No abstract provided.

Putting Guantanamo In The Rear-View Mirror: The Political Economy Of Detention Policy, Peter Margulies

Western New England Law Review

No abstract provided.

What Do You Think Should Happen? Public Participation In Transitional Justice, Anna Triponel, Stephen Pearson

Pace International Law Review

No abstract provided.

The Future Of The International Criminal Court: The Long Road To Legitimacy Begins With The Trial Of Thomas Lubanga Dyilo, Sara Anoushirvani

Pace International Law Review

No abstract provided.

Dna And Due Process, Brandon L. Garrett

Fordham Law Review

The U.S. Supreme Court in District Attorney’s Office v. Osborne confronted novel and complex constitutional questions regarding the postconviction protections offered to potentially innocent convicts. Two decades after DNA testing exonerated the first inmate in the United States, the Court heard its first claim by a convict seeking DNA testing that could prove innocence. I argue that, contrary to early accounts, the Court did not reject a constitutional right to postconviction DNA testing. Despite language suggesting the Court would not “constitutionalize the issue” by announcing an unqualified freestanding right, Chief Justice Roberts’s majority opinion proceeded to carefully fashion an important, …

Prison As Seen By Convict Criminologists, Stephen C. Richards, Michael Lenza, Greg Newbold, Richard S. Jones, Daniel S. Murphy, Robert S. Grisby

Social and Cultural Sciences Faculty Research and Publications

Most criminologists tend to base their view of prison on ideological assumptions gathered from secondary sources, with at best limited entry to the prison world. They nearly always get it wrong, as they systematically exclude the perspectives and real life experiences of their human subjects. These academic researchers have contributed to poor public policy that promotes the violent repression of prisoners in the USA and other countries. In response, Convict Criminologists are ex‐convicts working as criminology and criminal justice professors, along with “non‐con” associates, that insist that as a means for societies to develop humane, effective, and cost efficient prisons, …

Getting A Fix On Cocaine Sentencing Policy: Reforming The Sentencing Scheme Of The Anti-Drug Abuse Act Of 1986, Alyssa L. Beaver

Fordham Law Review

The now-infamous “War on Drugs” campaign of the 1980s culminated in the adoption of the Anti-Drug Abuse Act of 1986, which included a provision for a one-hundred-to-one sentencing ratio of powder cocaine to crack cocaine. This ratio provides that the penalty for a crime involving five or ten grams of crack cocaine is equivalent to the sentence for a crime involving five hundred or one thousand grams of powder cocaine. This structure has led to a racial disparity in sentencing because African Americans are more often charged with a crack cocaine offense than Caucasians, who are usually indicted for powder …

Lightening The Load: Whether The Burden Of Proof For Overcoming A Patent's Presumption Of Validity Should Be Lowered, Kristen Dietly

Fordham Law Review

Patents fuel innovation and are becoming an ever-more important form of protection in this technological age. Society also has a vested interest in only valid patents being issued and enforced. Patents are presumed valid once they are issued and also currently enjoy the application of a heavy burden of proof—clear and convincing evidence—to overcome that presumption when their validity is questioned at trial. This burden has started to be questioned as the U.S. Patent and Trademark Office becomes more taxed by the increasing influx of patent applications. Current precedent conflicts with past precedent and with general principles of administrative law. …

The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz

Brooklyn Law Review

No abstract provided.

The Courts, The Nas, And The Future Of Forensic Science, Jennifer L. Mnookin

Brooklyn Law Review

No abstract provided.

Inquiry, Relevance, Rules Of Exclusion And Evidentiary Reform, D. Michael Risinger

Brooklyn Law Review

No abstract provided.

A Right Of Confrontation For Competition Hearings Before The European Commission, Jameson J. Dempsey

Brooklyn Law Review

No abstract provided.

Scientific Evidence In Criminal Prosecutions: A Retrospective, Paul C. Giannelli

Brooklyn Law Review

No abstract provided.

The Roles Of A Federal District Court Judge, Jack B. Weinstein

Brooklyn Law Review

No abstract provided.

The British Importation Of American Corporate Compliance, Jessica Naima Djilani

Brooklyn Law Review

No abstract provided.

Are Police People Too? An Examination Of The Federal Tort Claims Act's "Private Person" Standard As It Applies To Federal Law Enforcement Activities, Stanton R. Gallegos

Brooklyn Law Review

No abstract provided.

Protecting Crime Victims In Federal Appellate Courts: The Need To Broadly Construe The Crime Victims' Rights Act's Mandamus Provision, Paul G. Cassell

Denver Law Review

No abstract provided.

Reducing Dependence On Big Brother: Higher Education Looks For Innovative Funding Opportunities, Ralph E. Mckinney Jr., Lawrence P. Shao, Patrick A. Tissington

Management Faculty Research

This paper presents innovative programs that business schools can utilize to reduce dependence on public funds. A review of the literature shows the theoretical and empirical foundation of higher education funding dilemmas. While higher education is moving towards a global ambition, scarcity hinders governments to fully support programs long-term; thus, cost-sharing and cost-shifting measures must occur for higher education to support current programs. In this study, we examine two universities (one U.S. and one UK.) and provide practical summaries of programs that have provided additional funds. We show that diversity of funding sources is essential for survival of higher education …

The Political Fourth Amendment, Thomas P. Crocker

Faculty Publications

The Political Fourth Amendment builds on Justice Ginsburg's recent dissent in Herring v. United States to argue for a "more majestic conception" of the Fourth Amendment focused on protecting political liberty. To put the point dramatically, we misread the Fourth Amendment when we read it exclusively as a criminal procedure provision focused entirely on either regulating police or protecting privacy. In order to see the Fourth Amendment as contributing to the Constitution's protections for political liberty, and not simply as an invitation to regulate police practice, we must take seriously the fact that the Fourth Amendment's textual purpose is to …

Purple Haze (Book Review), Clare Huntington

Faculty Scholarship

This is a review of Red Families v Blue Families: Legal Polarization and the Creation of Culture. By Naomi Cahn & June Carbone. New York: Oxford University Press. 2010

Mimosa 2010/2011, Jacksonville State University

JSU Yearbooks

The JSU Yearbook Collection spans the years from 1926 to the present. The publication began in 1926 as the Teacola (some volumes spelled "Teacoala") and continued under this title through 1933. The yearbook appears to have ceased printing after that year; the student newspaper took the name Teacola (later changed to the Collegian and finally the Chanticleer) and began publication in 1934. The yearbook started up again in 1947 under the name Mimosa. The Library holds all volume years that were printed: 1926-1933, 1947-1950, 1952-present.

Limiting Death: Maryland’S New Death Penalty Law, Michael Millemann

Maryland Law Review

In this Article, I describe and analyze the State of Maryland's 2009 death penalty law. This law adds three new death-eligibility criteria to the pre-existing law. These new evidentiary criteria supplement the pre-existing substantive death-eligibility criteria. As a result, Maryland now has one of the most restrictive death penalties in the country.

Enforcing The U.S. Trafficking Victims Protection Act In Emerging Markets: The Challenge Of Affecting Change In India And China, Mary Catherine Hendrix

Cornell International Law Journal

No abstract provided.

2010 Commencement Program, Seattle University

Commencement Programs

No abstract provided.

Databases, Doctrine And Constitutional Criminal Procedure, Erin E. Murphy

Faculty Articles

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention …

“Detention” Under The Charter After R. V. Grant And R. V. Suberu, Steven Penney, James Stribopoulos

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

In R. v. Grant and R. v. Suberu, the Supreme Court of Canada revisited the relationship between police detention powers and the Charter. This article critically analyzes these decisions. The authors argue that the multi-factor approach for deciding whether or not there has been A psychological “detention” under sections 9 and 10 of the Charter that emerges from these cases fails to give police sufficient guidance on the scope of their authority. After canvassing the implications of that uncertainty, the authors put forward a proposal that would bring greater clarity to the meaning of “detention” under the Charter. In addition, …

Masculinity, Health, And Human Rights: A Sociocultural Framework, Shari L. Dworkin

UC Law SF International Law Review

This paper draws upon a sociocultural framework from masculinity studies and applies it to the case of men's health with the goal of providing the legal field with critical considerations that might shape a stronger future research agenda in the area of masculinity, rights, and health.

It is well recognized that gender inequality affects women, and that men enjoy numerous cultural and institutional privileges that negatively shape women's health outcome. These commonly understood drivers of women's poor health have led to crucial and much needed linkages between women's rights and health. However, men do not exclusively enjoy cultural and institutional …

The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan

UC Law SF International Law Review

Success in counterinsurgency campaigns requires the U.S. military to train, equip, and ultimately turn over responsibility for public safety to indigenous legal institutions. Doing so presents many challenges, as pragmatic concerns for operational security and use of intelligence as legal evidence must be reconciled with cultural differences and the weakness of indigenous legal institutions. This article argues, however, that such participation may be required under international law. Further, participation may help to legitimize counterinsurgency goals in the eyes of the local populace, and bring additional resources to military efforts. In order to realize such benefits, this article argues that military …

Freedom And Equality On The Installment Plan, Michael Halley

Michigan Law Review First Impressions

A response to Nelson Tebbe & Robert L. Tsai, Constitutional Borrowing, 108 Mich. L. Rev. 462 (2010). Crediting the perception that the Constitution is a poorly cut puzzle whose variously configured pieces don't match, Nelson Tebbe and Robert Tsai propose that the stand-alone parts of freedom and equality can be merged and mutually enlarged through the act of borrowing. They are mistaken. While Thomas Jefferson wrote that ideas may be appropriated without being diminished and so "freely spread from one to another over the globe," the equality and freedom the Constitution addresses as actualities are constrained by a basic, familiar, …