Digital Commons Network^™

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.

Patient Navigation Through The Justice System: A Response To The High Infant Mortality Rate In One Community, Susan Holsapple

Societies Without Borders

The purpose of this evaluative study was two-fold; one was to evaluate a grant supported program that used the justice system to offer patient navigation services and the second goal was to provide a qualitative evaluation of the women’s health care experiences as they went through a court mandated drug program. Primary data was obtained from interviews with forty-seven program participants (n=47) from March, 2008 until January, 2010, and participant observation was used to explore treatment modalities and options available to these women. Secondary data was obtained from program staff as well as a review of the survey evaluation process …

Federal Rules Pending Public Comment, David A. Schlueter

Faculty Articles

In August 2011, the Administrative Office of the United States Courts published several rules for public comment. The amendment to Rule 11 would require the judge to apprise a defendant who wishes to plead guilty that, if convicted and not a United States citizen, the defendant may be deported, denied citizenship, and denied future admission to the United States. Several amendments have been proposed for Rule 12 with reference to the appropriate times for pleadings and pretrial motions, and the consequences and standards of review for untimely motions. The change to Rule 34 is intended to conform the rule to …

A Unified Theory Of Detention, With Application To Preventive Detention For Suspected Terrorists, Alec Walen

Maryland Law Review

No abstract provided.

The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn

Maryland Law Review

No abstract provided.

Nasis 2011: Nebraska Annual Social Indicators Survey Questionnaire, Bureau Of Sociological Research

Nebraska Annual Social Indicators Survey (NASIS)

[ About this Survey ] We need your help to learn about how Nebraskans' think, feel, and live. Your responses will help shape program and policy development in Nebraska now and into the future.

This survey includes questions on various topics, such as water issues, life processes, crime, and the media to name a few. Each section starts with a header to identify the topic related to the questions. We think you will find many, if not all, of the topics interesting and easy to answer.

68 questions; 12 pages

Focus Emu, February 1, 2011, Office Of Public Information

Focus EMU

No abstract provided.

Eastern Ichigan University Graduate Catalog, 2011-2012, Office Of The Registrar

Graduate Catalogs

No abstract provided.

Spring Commencement, April 16, 2011, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Concerning Medical Marijuana, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

The 2011 Annual Campus Security And Fire Safety Report, Utep Police Department

Annual Reports

Annual Clery Act report for the University of Texas at El Paso.

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

The Irony Of Refuge: Gender-Based Violence Against Female Refugees In Africa, Liz Miller

Human Rights & Human Welfare

The Sudanese soldiers and the Janjawid invaded her village. When she tried to escape, they gang-raped her. At that time, she was eight months pregnant and described giving birth to a dead baby afterward and being very sick. She could not make it with her group to the border to flee to Chad so she had to walk alone. Once she got to Chad, she was raped by a Chadian soldier outside of the camp and became pregnant. Afterwards, her husband divorced her, and she now lives with the stigma of being a rape victim. She has been expelled from …

Remembering The Past And Struggling For Justice: The Contested Legacy Of Authoritarian Rule In Chile, Rebecca Evans

Human Rights & Human Welfare

A review of:

Battling for Hearts and Minds: Memory Struggles in Pinochet’s Chile, 1973-1988. Vol. 2 of The Memory Box of Pinochet’s Chile. By Steven J. Stern. Durham, NC: Duke University Press, 2006. 247pp.

and

Remembering Pinochet’s Chile: On the Eve of London 1998. Vol. 1 of The Memory Box of Pinochet’s Chile. By Steven J. Stern. Durham, NC: Duke University Press, 2004. 538pp.

and

The Pinochet Effect: Transnational Justice in the Age of Human Rights. By Naomi Roht-Arriaza. Philadelphia: University of Pennsylvania Press, 2005. 256pp.

Alaska Justice Forum ; Vol. 27, No. 4 (Winter 2011), Deborah Periman, Khristy Parker, Shea Daniels

Vols 21-30 (2004-2014)

The Winter 2011 issue of the Alaska Justice Forum features articles on the Uniform Collateral Consequences of Conviction Act designed to facilitate offender reentry throughout the United States; the Fairbanks gang assessment — the first structured study of gang activity in Alaska; and a summary of a Bureau of Justice Statistics report on law enforcementn agencies with special gang crime units.

Choosing Your Child's Race, Dov Fox

UC Law SF Journal on Gender and Justice

Assisted reproduction has answered many couples' hopes of conceiving a child. In assisted reproduction, the appearance of racial salience matters, and adjusting the prominence of race in decision making frameworks can shape social meaning. There is a spectrum of salience-varying approaches that sperm banks could adopt to manage information about donor race, each of which sends a different message about the social meaning of donor catalog and website design. This Article considers four such approaches: race-indifferent, race-sensitive, race-attentive, and raceexclusive. Although civil rights scholarship reveals that race-based classification is not a necessary condition of wrongful discrimination, we should remain diligent …

Preventive Detention In American Theory And Practice, Adam Klein, Benjamin Wittes

National Security Law Program

It is something of an article of faith in public and academic discourse that preventive detention runs counter to American values and law. This meme has become standard fare among human rights groups and in a great deal of legal scholarship. It treats the past nine years of extra-criminal detention of terrorism suspects as an extraordinary aberration from a strong American constitutional norm, under which government locks up citizens pursuant only to criminal punishment, not because of mere fear of their future acts. This argument further asserts that any statutory counterterrorism administrative detention regime would be a radical departure from …

The Role Of Reporter For A Law Project, Rory K. Little

UC Law Constitutional Quarterly

Professor Little has served as the Reporter for the ABA's Task Force to Revise the Criminal Justice Standards for the Prosecution and Defense Functions since 2005. In this introductory essay for a unique joint publication Symposium between the Hastings Constitutional Law Quarterly and the Hastings Law Journal focused on the Standards, Professor Little provides his description of the role of a Reporter for a law project. Surprisingly, despite almost a century of academics serving as Reporters for law projects sponsored by the American Law Institute and the ABA, there is no literature providing the "inside story" of a Reporter's role. …

A Different Path Taken: Texas Capital Offenders' Post-Atkins Claims Of Mental Retardation, Peggy M. Tobolowsky

UC Law Constitutional Quarterly

In 2002, in Atkins v. Virginia, the United States Supreme Court held that the execution of mentally retarded offenders is unconstitutional, and entrusted the enforcement of this constitutional ban to the states. In the absence of legislative action in Texas, the Texas Court of Criminal Appeals has established substantive and procedural standards to resolve Texas offenders' Atkins claims of mental retardation for offenders seeking state post-conviction relief. This Texas appellate court has also specified most of the standards to resolve Atkins claims at the trial court level and on direct appeal. The United States Court of Appeals for the Fifth …

Spreading The Wealth: Is Asset Forfeiture The Key To Enticing Local Agencies To Enforce Federal Drug Laws, David T. Gibson

UC Law Constitutional Quarterly

The "War on Drugs" has proven a costly program for the federal government. One of the ways that this ambitious and resource intensive effort has sustained itself is through asset forfeiture of property previously held by criminals. By seizing title to confiscated property that has been used directly in drug crimes or indirectly to further a criminal conspiracy, the government has been able to absorb substantial resources to further its efforts in waging its drug war against drug criminals.

Asset forfeiture is a powerful tool wielded by law enforcement, and can quickly and effectly shut down drug production and trafficking …

Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

This column discusses what a defense lawyer should do when called upon to reveal client information in response to an ineffective assistance of counsel claim.

Investigative Deceit, Kevin C. Mcmunigal

Faculty Publications

Is it ever ethical for a lawyer to ask or assist another person to lie on behalf of a client? Despite ethical rules categorically banning both personal and vicarious deceit, prosecutors routinely supervise police officers and informants who use deceit in investigating drug and sex offenses, organized crime, and terrorism. May defense lawyers make use of investigative deceit in criminal investigations? In this Essay, the Author examines this issue, the ethical rules bearing on it, and the recent trend in a number of jurisdictions allowing the use of investigative deceit by the defense. Drawing on his participation in a series …

The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

This column questions the practices of labeling attorney copying, even without acknowledgement, as plagiarism, and treating it as a per se ethics violation. Instead, the column argues that analysis of copying in the litigation context should focus directly on the quality of the filing at issue and the competence and diligence of the lawyer who prepared it.

Mcnair Scholars 2004-2008, Publication Information

McNair Scholars Research Journal

No abstract provided.

Sentencing Outcomes Of Convicted Child Sex Offenders, Steven Patrick, Robert Marsh

Sociology Faculty Publications and Presentations

This research examines the sentencing outcomes of convicted child sexual offenders from data collected over an eight year period. Multiple regression and nominal log linear regression are used to examine length of prison sentence, length of probation sentence, and whether or not the convicted offender is actually sent to prison or to probation. While many independent variables appear to be related to sentence outcome, they fall into three categories: characteristics of the offender, characteristics of the victim, and characteristics of the crime. Additionally, while many variables appear related at the bivariate level, when multivariate analysis is applied, fewer variables remain …

Autonomy And "Gray Area" Pro Se Defendants: Ensuring Competence To Guarantee Freedom, Jona Goldschmidt

Northwestern Journal of Law & Social Policy

No abstract provided.

Social And Biological Constructions Of Youth: Implications For Juvenile Justice And Racial Equity, Patricia Soung

Northwestern Journal of Law & Social Policy

No abstract provided.

How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

This column explores whether contingent reward plans for prosecutors are ethical. After weighing arguments in favor and against such plans, the column concludes that rewards for prosecutors contingent on trial convictions are unsound.