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2011

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Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis Jan 2011

Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis

Villanova Law Review (1956 - )

The article discusses the debate on recognizing the innocence exception to the statute of limitations for original petitions for habeas corpus as provided in the Anti-terrorism and Effective Penalty Act of 1996 (AEDPA). Those who oppose cite the need for judicial economy and the absence of congressional intent. The author stresses the primordial concern of protecting the innocent and preventing miscarriage of justice as upheld by the history of habeas corpus and Supreme Court jurisprudence.


Citizenship And Punishment: Situating Death Penalty Jury Sentencing, Sarah Beth Kaufman Jan 2011

Citizenship And Punishment: Situating Death Penalty Jury Sentencing, Sarah Beth Kaufman

Sociology & Anthropology Faculty Research

Although capital punishment in the United States is subject to much social scientific scrutiny, there has been little ethnographic study of death penalty trials. This is not only an empirical lacuna, but also a theoretically and politically important one: by failing to take capital trials as primary objects of inquiry, the practices of lawyers, witnesses, judges, and others are viewed as products of, rather than implicated in, the institution of criminal justice. Based on an ethnography of fifteen death penalty sentencing trials across the United States during 2007, 2008, and 2009, this article seeks to understand the role of juries …


Regulation For The Sake Of Appearance, Adam M. Samaha Jan 2011

Regulation For The Sake Of Appearance, Adam M. Samaha

Articles

Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …


Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead Jan 2011

Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead

NYLS Law Review

No abstract provided.


Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp Jan 2011

Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver Jan 2011

Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.


Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn Jan 2011

Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn

Articles

Over the past quarter-century, many countries have experienced deeply divisive and highly destructive armed conflicts, ranging from Afghanistan to The Democratic Republic of Congo to Rwanda, East Timor, Northern Ireland, and the countries of the former Yugoslavia. Each of these countries is at a different point on the spectrum of emerging from and addressing the causes of conflicts. Moreover, with varying degrees of intervention and assistance from the international community, each is responding in highly differentiated ways to the challenges of emerging from conflict, as well as rebuilding or creating new institutions to allow movement forward.


Reaching Beyond The State: Judicial Independence, The Inter-American Court Of Human Rights And Accountability In Guatemala, Edward H. Warner, Davis Jeffery Jan 2011

Reaching Beyond The State: Judicial Independence, The Inter-American Court Of Human Rights And Accountability In Guatemala, Edward H. Warner, Davis Jeffery

Celebrating WCL Student Authors

The authors examine the role of the Inter-American Court of Human Rights in its efforts to impose accountability for human rights violations in Latin America. They suggest that because domestic enforcement mechanisms are irreconcilably deficient in this task, accountability must emanate from beyond the state. They test this contention by examining one of the most challenging nations in the region – Guatemala.


U.S. And International Anti-Money Laundering Developments, Mikhail Reider-Gordon Jan 2011

U.S. And International Anti-Money Laundering Developments, Mikhail Reider-Gordon

The International Lawyer

No abstract provided.


The Non-Rules Of Evidence In The Ad Hoc Tribunals, Daniel Tilley Jan 2011

The Non-Rules Of Evidence In The Ad Hoc Tribunals, Daniel Tilley

The International Lawyer

No abstract provided.


Undergraduate Bulletin 2011-2012, John Jay College Of Criminal Justice Jan 2011

Undergraduate Bulletin 2011-2012, John Jay College Of Criminal Justice

College Bulletins

No abstract provided.


Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo Jan 2011

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Loyola University Chicago Law Journal

This Article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act'), are failing to fulfill this goal and how these legal regimes can be improved to reach their objectives. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …


Public Services Department : Annual Report : 2010 - 2011, Nelson Poynter Memorial Library Jan 2011

Public Services Department : Annual Report : 2010 - 2011, Nelson Poynter Memorial Library

USF St. Petersburg Campus Faculty Publications

No abstract provided.


Technology And Organization: Strategic Intersections And Asymptotes., Christopher Davis Jan 2011

Technology And Organization: Strategic Intersections And Asymptotes., Christopher Davis

USF St. Petersburg Campus Faculty Publications

Although it is commonly assumed or hoped that information systems can be aligned or matched with organizational needs, notions of match, alignment and fit are poorly defined. Nor is the hoped for alignment apparently happening. We argue that it is not in general possible to state an organizational need and then proceed to match it with a suitable technical arrangement. We see needs and technology as co-emergent, and mediated through possibilities. Needs do influence technological development, but those developments, from the very beginning; open up new possibilities, which in turn begin to be re-articulated as needs. Further, technological developments are …


Annual Report, Public Services Department, 2010-2011, University Of South Florida St. Petersburg. Nelson Poynter Memorial Library Jan 2011

Annual Report, Public Services Department, 2010-2011, University Of South Florida St. Petersburg. Nelson Poynter Memorial Library

Library Department and Committee Reports

Annual report for the academic year 2010-2011 for public services activities at the University of South Florida St. Petersburg's Nelson Poynter Memorial Library.


Behaviors And Attitudes Related To Youth Runaway Behaviors, Braden Anthony Bozer Jan 2011

Behaviors And Attitudes Related To Youth Runaway Behaviors, Braden Anthony Bozer

Criminology & Criminal Justice Theses - Archive

The purpose of this study was to examine running away behaviors related to certain attitudes and behaviors during childhood and adolescence. Data for this study was collected from 206 students that filled out a self report questionnaire while attending the University of Texas at Arlington during the Fall semester of 2010 or Spring semester of 2011. The main point of this research was to examine attitudes and behaviors that caused participants to have runaway thoughts or actually run away. Other variables observed were gender, family structure, and parent's education level. Two logistic regressions were run. Depression was the behavior that …


The Impact Of The War On Drugs: African-American Women's Perceptions Through A Phenomenological Approach, Zandra D. Hubbard Jan 2011

The Impact Of The War On Drugs: African-American Women's Perceptions Through A Phenomenological Approach, Zandra D. Hubbard

Criminology & Criminal Justice Theses - Archive

The purpose of this study was to explore the perceptions of African-American women who have been impacted by incarceration based on drug offense. Studies have indicated that in last twenty years, women have been incarcerated at a much higher rate than their male counterparts (Bureau of Statistics Bulletin, 2009; Kappeler & Porter, 2005; Harrison & Beck, 2003).African-American women have the highest imprisonment rate (Tonry, 1995; Nunn, 2002). As a result, this study attempted to portray the impact of the war on drugs on African- American women while considering all the factors relevant to their incarceration phenomenon. This qualitative study was …


Perceptions Of Terrorism Regarding Fear Of Victimization, Rufus Abraham Jan 2011

Perceptions Of Terrorism Regarding Fear Of Victimization, Rufus Abraham

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to measure perceptions of terrorism in regards to fear of victimization by terrorist organizations among college undergraduates. A quantitative measure of levels of fear of victimization and its possible effects on student behavior will be obtained through the use of a survey instrument. The 120 students will be confidentially surveyed at The University of Texas at Arlington. The experimental group will have nine media photos of major terrorist events attached to their survey. The research team hypothesizes that female undergraduates will have higher rates of fear of victimization than male undergraduates in both groups …


Racial Disparities And Capital Sentencing As Perceived By Criminology And Criminal Justice Students, Hubert Kanda Lumbala Jan 2011

Racial Disparities And Capital Sentencing As Perceived By Criminology And Criminal Justice Students, Hubert Kanda Lumbala

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to examine the difference of perceptions of criminology and criminal justice (CRCJ) male students in comparison with their female counterparts on possible race factor in death penalty sentencing. The data in this study were obtained from a sample of 100 male and female CRCJ students enrolled in CRCJ courses during the semester of fall 2010 at the University of Texas at Arlington, located in north Texas. The findings in this research suggest that there is a little significant difference of knowledge among both male and female CRCJ students as pertaining to the death penalty, …


Investigating Juvenile Supervisory Officers' Attitudes At A Texas Juvenile Detention Center, Justin Michael Patrick Regan Jan 2011

Investigating Juvenile Supervisory Officers' Attitudes At A Texas Juvenile Detention Center, Justin Michael Patrick Regan

Sociology & Anthropology Theses - Archive

Punitive and rehabilitative ideologies have traditionally competed to influence correctional policy. The growing emphasis on prisoner rights however, has subtly transformed the mindset of the carceral institution. Juvenile detention officers, the frontline negotiators of these changes in the juvenile justice system, have been the focus of little ethnographical research concerning their ideological orientation or the pressures that shape that outlook. While sociological and criminal justice studies have quantitatively identified a number of individual and organizational factors that affect officers' attitudes, these studies give scant attention to the actual impact of those views on rehabilitative efforts. This paper extends the carceral …


Cost Savings As Proceeds Of Crime: A Comparative Study Of The United States And The United Kingdom, Richard C. Alexander Jan 2011

Cost Savings As Proceeds Of Crime: A Comparative Study Of The United States And The United Kingdom, Richard C. Alexander

The International Lawyer

No abstract provided.


The Shocking Truth: Law Enforcement's Use And Abuse Of Tasers And The Need For Reform, Michelle E. Mcstravick Jan 2011

The Shocking Truth: Law Enforcement's Use And Abuse Of Tasers And The Need For Reform, Michelle E. Mcstravick

Villanova Law Review (1956 - )

No abstract provided.


Concerning The Address Confidentiality Program, And Making An Appropriation Therefor., Colorado General Assembly Jan 2011

Concerning The Address Confidentiality Program, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Information-Sharing At Colorado State Institutions Of Higher Education., Colorado General Assembly Jan 2011

Concerning Information-Sharing At Colorado State Institutions Of Higher Education., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp Jan 2011

What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.


In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards Jan 2011

In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.


Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg Jan 2011

Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg

War Crimes Memoranda

No abstract provided.


What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry Jan 2011

What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry

War Crimes Memoranda

No abstract provided.


Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz Jan 2011

Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz

War Crimes Memoranda

No abstract provided.


Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp Jan 2011

Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.