Digital Commons Network^™

Punishing Without Free Will, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

This Article will argue that there are good moral reasons to conclude that the scientific plausibility of determinism ought to lead us to abandon the notion of free will. Contra P. F. Strawson and Moore, this Article suggests that rejecting free will does not undermine the human experience, and doing so is plausible and attractive because it would likely lead to more humane and efficient institutions of blaming and punishing.

Questioning Law Enforcement: The First Amendment And Counterterrorism Interviews, Shirin Sinnar

Brooklyn Law Review

No abstract provided.

'Race', Nation And Belonging In Ireland, Jonathan Mitchell

Irish Journal of Applied Social Studies

Despite consistent efforts to counteract those attitudes and practices that give rise to it, most putatively modern Western nations continue to experience the concrete effects of racial discrimination. This essay argues that nationality is all too easily conflated with ‘race’ or ethnicity, such that a seeming essence or givenness is manifested amongst all those within a particular geographic boundary. It is suggested that on the contrary, there is nothing natural about nationality as commonly understood; this being so, it must be continually shored up and reconstituted through social, linguistic and material practices. For modern nations in the West, this has …

But That Is Absurd!: Why Specific Absurdity Undermines Textualism, Linda D. Jellum

Brooklyn Law Review

No abstract provided.

Don't Ask, Don't Tell: Beyond The Log Cabin Republicans Injunction And The Defense Authorization Act

Labor & Employment Law Forum

No abstract provided.

2010-2011 Annual Report, Southern Illinois University Board Of Trustees

Annual Report Archive

No abstract provided.

Teach Your Jurors Well: Using Jury Instructions To Educate Jurors About Factors Affecting The Accuracy Of Eyewitness Testimony, Derek Simmonsen

Maryland Law Review

No abstract provided.

Prosecuting Child Pirates, Danielle Fritz

War Crimes Memoranda

No abstract provided.

Immigration, Crime, And Public Perception: Victimization Legislation In The United States And Canada - Can The U Visa Serve As A Model?, Bettina Rodriguez Schlegel

UC Law SF International Law Review

This Note compares the forces behind the creation and the implementation of crime victim visa legislation in the United States and Canada. Both are recognized globally as important immigrant-receiving nations with long histories of reliance on immigrant populations for economic growth and expansion. Both states have crafted immigration policies in line with their economic needs and societal perceptions of immigrants in relation to the dominant culture mores. This Note analyzes the two nation's historical trends in relation to immigration as a stepping stone towards understanding the current realities of immigrant life in North America and delves in to the impacts …

2011-2012 Nova Southeastern University Undergraduate Student Catalog, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

Undergraduate Student Catalog 2011-2012, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

The Failure Of Consent: Re-Conceptualizing Rape As Sexual Abuse Of Power, Michal Buchhandler-Raphael

Michigan Journal of Gender & Law

This Article argues that while rape law reform has accomplished significant changes in the past decades, the reform has since stalled. The contemporary focus on the element of consent might account for this stagnation. This move has both failed to effect instrumental change in the courts as well as in social norms, and is conceptually flawed and normatively misguided. The practical result of these deficiencies is that rape, as defined by our criminal justice system, bears little resemblance to the various forms of sexual abuses that are inflicted on victims. While rape law typically criminalizes only the physically violent sexual …

2011 Winter Class Schedule, University Of Michigan Law School

Class Schedules

Class schedule for the 2011 Winter semester at the University of Michigan Law School

Why The Block Is The Block: Reinforcing Community Through Casual Conversation, L. David Ritchie

Communication Faculty Publications and Presentations

This study combines Discourse Dynamics (Cameron, 2007) with Perceptual Simulation Theory (Barsalou, 2007; Gibbs, 2006), to analyze a sample of talk among residents of an urban neighborhood about topics related to community safety and the quality of life in their community. The results demonstrate the role of casual conversation in structuring complex social relationships, and the usefulness of close attention to metaphors, story-telling, and humor. By their use, re-use, and development of metaphors and stories the participants in this conversation express and reinforce the patterns of sociability and mutual watchfulness that contribute to a feeling of safety and comfort in …

Sampling, Looping, And Mashing... Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …

The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby

Articles

No abstract provided.

Convocation Video (2011), California State University, San Bernardino

CSUSB Sound and video recordings

No abstract provided.

The Viability Of Multi-Party Litigation As A Tool For Social Engineering Six Decades After The Restrictive Covenant Cases, José F. Anderson

All Faculty Scholarship

Six decades ago, a group of lawyers sought ways to overturn the racially restrictive covenants that were common across the United States. These restrictions on integrated neighborhoods were the first legal battleground of the civil rights movement using the courts of civil justice to remove what many thought were immoral restrictions on the rights of free people. The most famous of those cases was Shelley v. Kraemer, but the doctrine that emerged from that particular case was actually a series of separate, multi-party lawsuits in various locations, using teams of lawyers acting in concert with each other to achieve justice. …

"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain

All Faculty Scholarship

A three-year-old child, while being bathed by her babysitter, innocently mentions that her “pee-pee” hurts. When the babysitter asks the child how she hurt it, she says, “Uncle Ernie (her mother’s boyfriend) told me not to tell.” A subsequent medical examination reveals that the child has gonorrhea, a sexually transmitted disease.

By the time of trial, the child is four and-a-half-years old. When questioned by the trial judge, she cannot explain to the judge’s satisfaction, “the difference between the truth and a lie.” Moreover, she has no long term memory of the incident. The judge rules the child incompetent to …

Reading, Writing, And Interrogating: Providing Miranda Warnings To Students In Schoolhouse Interrogations, Stephanie Forbes

Court Review: Journal of the American Judges Association

Athirteen-year-old boy sat in a room until a law-enforcement officer arrived. He asked the boy to follow him into another room where three more adults, including another law-enforcement officer, waited. The second lawenforcement officer then proceeded to question the boy about his involvement in a series of home robberies while the other adults encouraged the boy to tell the truth. The boy then implicated himself in the home robberies, acts for which he was later arrested. He claimed that as the officers did not read him his Miranda rights, his statement could not be used against him. At first glance, …

Court Review, Volume 47, Issues 1-2 (Complete)

Court Review: Journal of the American Judges Association

Articles

4 Fact or Fiction? The Myth and Reality of the CSI Effect (Steven M. Smith, Veronica Stinson, & Marc W. Patry)

8 Studying Juror Expectations for Scientific Evidence: A New Model for Looking at the CSI Myth (Donald E. Shelton, Gregg Barak, & Young S. Kim)

20 Should Judges Worry About the “CSI Effect”? (Simon A. Cole & Rachel Dioso-Villa)

32 High-Profile Cases: Are They More Than a Wrinkle in the Daily Routine? (Robert Alsdorf)

38 Ten Tips for Judges Dealing with the Media (Steve Leben)

46 Proposed AJA Bylaws Changes

Book Review

42 On Courts and Communication Strategies: …

The Resource Page

Court Review: Journal of the American Judges Association

New Publications of Interest

Recent studies have exposed offender recidivism as a major public-safety issue that the courts need to address. Out of a sample of 275,000 prisoners who were released in 1994, two-thirds were arrested again within 3 years. Reports indicate that 1 in 31 adults is currently under criminal supervision. Of course, judges have some sense of local recidivism rates, as they see the same offenders over and over in the courtroom. But the public is also aware of the high level of recidivism, and general perceptions of public safety and the criminal-justice system suffer as a result. …

Court Review, Volume 47, Issue 4 (Table Of Contents)

Court Review: Journal of the American Judges Association

Articles

80 Creating a New Generation of Courts (Brian Ostrom, Roger Hanson, & Kevin Burke)

84 The Courtroom-Observation Program of the Utah Judicial Performance Evaluation Commission (Nicholas H. Woolf & Jennifer MJ Yim)

92 Is Procedural Fairness Applicable to All Courts? (Victor E. Flango)

96 Addressing Nonsystematic Factors Contributing to the Underrepresentation of Minorities as Jurors (Elizabeth Neeley)

102 The International Criminal Court: Our Differences in Jurisprudence (David Admire)

Departments

78 Editor’s Note

79 President’s Column

108 The Resource Page

Studying Juror Expectations For Scientific Evidence: A New Model For Looking At The Csi Myth, Donald E. Shelton, Gregg Barak, Young S. Kim

Court Review: Journal of the American Judges Association

After a jury acquittal, the prosecutor explains the loss to the assembled media by saying that the jurors demanded too much of the government. They “wrongfully” acquitted the defendant only because the television show Crime Scene Investigation (“CSI”), or one of its many spin-offs and copycats, overly influenced them. According to the prosecutor, the jurors could not separate reality from fiction when they did not see the same kinds of advanced scientific evidence during the trial that is commonly depicted on their television screens. This fictional scenario is played out in many criminal cases. The news media quickly …

Creating A New Generation Of Courts, Brian Ostrom, Roger Hanson, Kevin Burke

Court Review: Journal of the American Judges Association

Courts are under ever-increasing pressure to be more transparent and accountable. Regardless of whether this is driven by fiscal crises, policy makers’ concerns, or simple public outcry, a common question is, “What are courts doing to be efficient and effective?” If you are not careful, you might think a court is just another public body, like an executive agency, which public-administration experts want to reengineer.

Some judges understandably are resistant to developing their administrative side because—on the surface—managerial values clash with what judges know well and are trained to do: they make decisions and issue orders in individual cases after …

The International Criminal Court: Our Differences In Jurisprudence, David Admire

Court Review: Journal of the American Judges Association

On July 1, 2002, the International Criminal Court (ICC) became operational following establishment by the Rome Statute. The Court is made up of the Presidency, an Appeals Division, a Trial Division, Pre-Trial Division, the Office of the Prosecutor, and the Registry. The purpose of the Court is to provide a means to bring to justice the perpetrators of “the most serious crimes of concern to the international community . . . .” The crimes within the jurisdiction of the court are the crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. To date, no crime of …

Should Judges Worry About The “Csi Effect”?, Simon A. Cole, Rachel Dioso-Villa

Court Review: Journal of the American Judges Association

These days it still seems like everyone is talking about the “CSI effect.” Attorneys seem to talk about it all the time. The 258 different articles using the term between 2002 and 2008 that we found through a LexisNexis search are undoubtedly only the tip of the iceberg of media mentions of this supposed phenomenon. Even academics are writing about it— already a handful of books, several dissertations in progress, and numerous scholarly journal articles detail the topic.

Fact Or Fiction? The Myth And Reality Of The Csi Effect, Steven M. Smith, Veronica Stinson, Marc W. Patry

Court Review: Journal of the American Judges Association

Anyone who has been to a crime lab or experienced the presentation of forensic evidence in open court knows that there is a disconnect between the way forensic science is depicted on popular television programs and the reality of criminal investigations. The number of forensically themed television shows and popular entertainment has exploded over the last decade, and shows such as Crime Scene Investigation (CSI) and its related spin-offs are among the most popular shows in North America. Indeed, CSI is consistently among the top ten shows in a given week, and CSI: Miami was rated the most …

Lawyer-Assistance-Program Attorneys And The Practice Of Therapeutic Jurisprudence, David B. Wexler

Court Review: Journal of the American Judges Association

In my recent book, Rehabilitating Lawyers: Principles of Therapeutic Jurisprudence for Criminal Law Practice, I sought to provide lawyers and other professionals engaged in the practice of criminal law a collection of practical and comprehensive materials that could help them achieve better results as well as greater satisfaction with their clients and cases. At least one of the contributors to the book also had some connection to a lawyer-assistance program—a program that helps lawyers having problems with drugs, alcohol, and mental illness. Such lawyers are now helped immensely by such programs in all states, and the lawyers in turn …

About The Authors, Volume 30 (2011)

To Improve the Academy: A Journal of Educational Development

About the editors and authors of volume 30 (2011) of To Improve the Academy: A Journal of Educational Development.