Digital Commons Network^™

Furman Alumni News, Furman University

Furman Magazine

No abstract provided.

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of amendments to the Federal Rules of Procedure and Evidence became effective on December 1, 2009. The change to Criminal Rule 7 deleted subdivision (c)(2), which required that the indictment include notice that the defendant has an interest in forfeitable property. Criminal Rule 32 now provides that the presentence report state whether the government is seeking forfeiture of property. Criminal Rule 32.2 received six amendments concerning criminal forfeiture. Criminal Rule 41 created a two-step process for seizing and reviewing electronic storage media. Further, of the Rules Governing § 2254 Proceedings, Rule 11 was created to make the requirements …

Finding And Incorporating Spirituality In The Work Of The Clinic, Ana M. Novoa

Faculty Articles

forthcoming

Teaching The Tensions, Angela P. Harris

Saint Louis University Law Journal

No abstract provided.

Mainstreaming Civil Rights In The Law School Curriculum: Criminal Law And Criminal Procedure, Tamara F. Lawson

Saint Louis University Law Journal

No abstract provided.

Teaching Immigration Law And Immigrant Rights From Your Own Caseload, Bill Ong Hing

Saint Louis University Law Journal

No abstract provided.

Activating Systemic Change Toward Full Participation: The Pivotal Role Of Boundary Spanning Institutional Intermediaries, Susan Sturm

Saint Louis University Law Journal

No abstract provided.

Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black

Saint Louis University Law Journal

No abstract provided.

Humanizing Terrorism Through International Criminal Law: Equal Justice For Victims, Fair Treatment Of Suspects, And Fundamental Human Rights At The Icc, Kathleen Maloney-Dunn

Santa Clara Journal of International Law

This article sheds light on whether terrorism should be included within the jurisdiction of the International Criminal Court (ICC) and whether classifying terrorism as an international crime subject to supranational tribunals' jurisdiction can advance human rights and promote non-military responses to terrorist acts. Anti-terrorism policies in the wake of the September 11 attacks have led to repressive laws, human rights abuses, and military reactions, often with dehumanizing effects. The article argues that international criminal law, by holding individuals accountable before international criminal tribunals and through the incorporation of international humanitarian law and fundamental human rights noms in its corpus juris, …

Terrorism And International Criminal Law After The Military Commissions Acts, Stephen I. Vladeck

Santa Clara Journal of International Law

No abstract provided.

The Practice Of The International Criminal Court: Comments On The Complementarity Conundrum, Linda M. Keller

Santa Clara Journal of International Law

No abstract provided.

Systemic Effects Of International Responsibility For International Crimes, Andre Nollkaemper

Santa Clara Journal of International Law

No abstract provided.

Case Disposition In The Drug Court: Who Is The Most Central Actor?, Salmon A. Shomade

Political Science Faculty Publications

In recent years, the number of drug courts has proliferated throughout the country. One widely held belief is that the central figure in a drug court is the judge. While the judge may be the central actor in the courtroom, what is not clear is whether the drug court judge is the most central actor in the actual disposition of cases. This article presents the findings of a research project that asked actors participating in staffing about the centrality of the drug court judge. I found that while the drug court judge is a central actor, the most central actor …

Oxford, Ucf Libraries

Technology Fee Funded Projects

Oxford University Press is the oldest and largest university press in the world. The e-books in this collection are suitable for research, study, and course projects, and can be assigned as textbooks. With the purchase of this collection, UCF will gain perpetual rights and online access to over 4,600 titles including access to Oxford’s premier reference titles. Sample titles are provided in Section C of this proposal. A full title list is available online.

The agreement between UCF and Oxford will allow for any fair use of the content for educational purposes, including embedding links to the content in Webcourses. …

Jurists For Jesus, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This article focuses on Jesus’ fundamental mandate to ―love your neighbor as yourself. These five words encompass two prongs: honoring every individual (yourself), and caring for the human community as a whole (Your neighbor). This article refers to these two fundamental prongs as the Jesus Principles. An individual does not need to be a Christian or otherwise religious to embrace the Jesus Principles; in fact, they are universal. Developing laws and policies consistent with the basic concept of love reflected in the Jesus Principles can guide us toward a more just society.

Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

In this short Article, I sketch the methodology my colleagues and I at Pace Law School use to incorporate practice standards into our clinical teach-ing and reflect on how a standards-based teaching paradigm could be adapted to the training, supervision, and evaluation of public defenders. Then, I briefly consider how standards and standards-based teaching assist in the administration of assigned counsel plans and in the evaluation of the performance of public defender organizations. Although this Article does not cover any of these topics in depth, my goal is to introduce the reader to a standards-based approach to teaching and suggest …

2010 Annual Report Usf Sarasota-Manatee, Usf

USF Accountability Reports

No abstract provided.

“Hard Strikes And Foul Blows”: Berger V. United States 75 Years After, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

My essay examines one of the most iconic decision of the Supreme Court seventy five years later. Berger v. United States is the most eloquent and authoritative description of the prosecutor's duty "not that it shall win a case but that justice shall be done." My essay looks at why the Court decided to take up the case then, and why it has become so prominent in criminal law and ethics.

Untangling Double Jeopardy In Mixed-Verdict Cases, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This Article attempts to describe and untangle the confusion leading up to and resulting from the Yeager decision. Part II examines the four distinct double jeopardy areas presented in Yeager, with particular emphasis on the two conflicting precedents of collateral estoppel and the non-finality of a hung jury. Part III closely examines the Yeager decision itself. Part IV analyzes Yeager in light of its tangled doctrinal history and places it in the context of the Court's several other short-lived and rapidly reversed precedents. The Article concludes that the Court's holding in Yeager is neither justified by its precedent nor adequately …

Wooster Magazine: Winter 2010, Karol Crosbie

Wooster Magazine: 2001-2010

This edition of the Wooster Magazine was published in the winter of 2010. One of the program houses is highlighted on page six, the members crochet hats for three local human service agencies. Alumni working in the judicial system as judges are featured from page eight to seventeen: Rod Kennedy '77, David Dowd '51, Solomon Oliver Jr. ’69, Denise Reilly '75, Lance Mason '89. Pages eighteen to twenty-one highlight those alumni that are working in the Supremes: Ben Mizer '99 and Paul de Marco '81. Betty and David Wilkin have transferred ownership of Fern Valley to the college to be …

Focus Emu, April 6, 2010, Office Of Public Information

Focus EMU

No abstract provided.

Last Stand? The Criminal Responsibility Of War Veterans Returning From Iraq And Afghanistan With Posttraumatic Stress Disorder, Thomas L. Hafemeister, Nicole A. Stockey

Indiana Law Journal

As more psychologically scarred troops return from combat in Iraq and Afghanistan, society's focus on and concern for these troops and their psychological disorders has increased With this increase and with associated studies confirming the validity of the Posttraumatic Stress Disorder (PTSD) diagnosis and the genuine impact of PTSD on the behavior of war veterans, greater weight may be given to the premise that PTSD is a mental disorder that provides grounds for a "mental status defense, " such as insanity, a lack of mens rea, or self-defense. Although considerable impediments remain, given the current political climate, Iraq and Afghanistan …

Liberty Lost: The Moral Case For Marijuana Law Reform, Eric Blumenson, Eva Nilsen

Indiana Law Journal

Marijuana policy analyses typically focus on the relative costs and benefits of present policy and its feasible alternatives. This Essay addresses a prior, threshold issue: whether marijuana criminal laws abridge fundamental individual rights, and if so, whether there are grounds that justify doing so. Over 700, 000 people are arrested annually for simple marijuana possession, a small but significant proportion of the 100 million Americans who have committed the same crime. In this Essay, we present a civil libertarian case for repealing marijuana possession laws. We put forward two arguments corresponding to the two distinct liberty concerns implicated by laws …

The University Of Texas Of The Permian Basin Summer 2010 Course Schedule, The University Of Texas Of The Permian Basin

Course Schedules

No abstract provided.

Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks

Cleveland State Law Review

This Article discusses the testimony of young children, the inadequacy of the traditional hearing used to determine the competency of such children to testify, and the ways in which the hearing might be changed to make it a meaningful process for determining the ability of a child to give reliable testimony.

The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason

Cleveland State Law Review

In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.

Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Law Faculty Articles and Essays

This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. Piracy resembles terrorism in many aspects, on both a theoretical and practical level, and reliance on antiterrorist conventions by piracy-fighting countries will provide these countries with greater legal tools to battle pirates within an established international legal framework. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day …

Federal Child Welfare Legislation., Frank Vandervort

Book Chapters

This chapter provides a brief overview of federal statutes that impact the practice of child welfare law. Since the enactment of the Child Abuse Prevention and Treatment Act in 1974 (CAPTA), the federal government has played an ever increasing role in handling child maltreatment cases.

Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

The Future Of Adversarial Criminal Justice In 21st Century Britain, Jacqueline S. Hodgson

North Carolina Journal of International Law

No abstract provided.