Digital Commons Network^™

What Do We Mean By An Independent Judiciary, 38 Ohio N.U. L. Rev. 133 (2011), Michael P. Seng

UIC Law Open Access Faculty Scholarship

Issues continue to arise about judicial independence in the United States. The term judicial independence is often not defined with precision. Judicial independence has its roots in the doctrine of separation of powers. It is also grounded in due process and in ethical standards that require judges to be competent and impartial decision-makers. Judicial independence depends upon society having faith in the integrity of the courts. Accountability is thus the handmaid of an independent judiciary. This article defines both the structures and the ethical standards that ensure an independent judiciary.

Mixed-Species Foraging Aggregation Of Kites In The Nesting Season, Bradley J. Bergstrom, Marvin T. Smith

Oriole

No abstract provided.

Njit Highlanders Women's Soccer 2011 Media Guide, New Jersey Institute Of Technology Athletic Department

Soccer - Women's

No abstract provided.

2011 Lindenwood University Annual Report, Lindenwood University

State of the University Address (Formerly Annual Reports or President's Reports/)

The 2011 annual report of Lindenwood University.

Senior Professionals, January/February 2011, Illinois State University, Office Of The Provost

Senior Professionals Newsletter

Newsletter for the Illinois State University Office of the Provost

The Analytic Aposteriori And A New Understanding Of Substantive Due Process That Is Exhibited In The Lived Experiences Of Those Seeking To Marry Someone Of The Same Sex, Vincent J. Samar

Saint Louis University Public Law Review

No abstract provided.

The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist

Saint Louis University Public Law Review

In order to fathom the theoretical shape of the American national security constitutional system, and to appreciate how that system should be shaped in the future, it is vital to conceptualize the legal field of American national security law as the interaction of four constitutive dimensions. Initially the factual context involves two overarching general concerns: first, the maintenance of the Nation’s strategic advantage over challengers, competitors, and threats to America’s future; and second, the remarkable strategic responsibility of presidents of the United States to deftly shift from one serious, potentially catastrophic, crisis to the next. The second dimension is the …

They All Laughed At Christopher Columbus When He Said The World Was Round: The Not-So-Radical And Reasonable Need For A Restorative Justice Model Statute, Christopher D. Lee

Saint Louis University Public Law Review

No abstract provided.

Introduction, Lynn S. Branham

Saint Louis University Public Law Review

No abstract provided.

The Myth Of The Fully Informed Rational Actor, Stephanos Bibas

Saint Louis University Public Law Review

No abstract provided.

Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love

Saint Louis University Public Law Review

This Article analyzes the scope of Padilla v. Kentucky, concluding that its logic extends beyond deportation to many other severe and certain consequences of conviction that are imposed by operation of law rather than by the sentencing court. It proposes a set of reforms that would limit the disruptive effect of these so-called “collateral consequences” on the guilty plea process and make a defense lawyer’s job easier. Part I describes a case currently pending in the Pennsylvania Supreme Court that may yield some important clues about how broadly the Padilla doctrine will be applied to status-generated consequences other than …

A Prosecutor’S Expanded Responsibilities Under Padilla, Robert M. A. Johnson

Saint Louis University Public Law Review

No abstract provided.

“Collateral” No More: The Practical Imperative For Holistic Defense In A Post-Padilla World . . . Or, How To Achieve Consistently Better Results For Clients, Mcgregor Smyth

Saint Louis University Public Law Review

No abstract provided.

The Implications Of Padilla V. Kentucky On Practice In United States District Courts, Judge Robert Pratt

Saint Louis University Public Law Review

No abstract provided.

Incorporating Collateral Consequences Into Sentencing Guidelines And Recommendations Post-Padilla, Michael A. Wolff

Saint Louis University Public Law Review

No abstract provided.

The Panic Defense And Model Rules Common Sense: A Practical Solution For A Twenty-First Century Ethical Dilemma, Teresa M. Garmon

Georgia Law Review

The attorney-client relationshipremains one of the most
highly regarded associations in society and is of
indispensable importance for criminal defendants, but it
is not a relationship that lasts forever. The Model Rules of
Professional Conduct (Model Rules) not only allow
breaking this affiliation, but also sometimes demand it.
Yet, in other circumstances, the Model Rules and judicial
custom may force an attorney to proceed with a
representation-even in the face of fundamental
disagreement with the core defense in a criminal case.
Through the avenue of the gay panic defense, this Note
explores how attorneys can become trapped between their
own …

Amy And Vicky's Cause: Perils Of The Federal Restitution Framework For Child Pornography Victims, Robert W. Jacques

Georgia Law Review

Child pornography is unique among violent crimes in at
least one aspect: victims are harmed not only from their

initial abuse but also from knowing that people on the
Internet continue to view the images. In recent years, a
split has arisen among federal courts on whether victims
of child pornography are entitled to restitution from non-
production offenders, i.e., offenders that were not involved
in the initial abuse of victims. The controversy has
surrounded 18 U.S.C. § 2259-the mandatory restitution
statute for sex offenses. While some courts find victim
harm not sufficiently traceable to the crimes at issue to …

Seen But Not Heard: An Argument For Granting Evidentiary Hearings To Weigh The Credibility Of Recanted Testimony, Michael M. Hill

Georgia Law Review

The case of Troy Davis shows how difficult it is for a
convicted criminal defendant to obtain postconviction
review of witness recantations. Convicted of murder on
the testimony of nine eyewitnesses, Davis spent over a
decade petitioning for judicial review of the recantations of
seven of those witnesses before the U.S. Supreme Court
ordered an evidentiary hearing in 2009. Concurrently, the
DNA revolution continued to prove the innocence of an
increasing number of convicted inmates across the nation,
and the majority of those convictions had relied on
eyewitness testimony. If these scientific advances suggest
that eyewitness identification is not as …

Constitutional Cases 2010: An Overview, Patrick Monahan, Chanakya Sethi

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

With important decisions concerning Charter remedies, freedom of speech, the right to counsel, the division of powers, and the interpretation of First Nations treaties, 2010 was a significant year on the constitutional front. It was also a controversial year: only 56 per cent of constitutional cases were unanimous in judgment, in contrast to the overall average for the year of 75 per cent. That split was especially palpable in the federalism and Aboriginal rights cases, where two sharply divided camps tended to emerge. In the Charter arena, the Court showed notable deference to the legislative and executive branches while eschewing …

Tort Lite?: Vancouver (City) V. Ward And The Availability Of Damages For Charter Infringements, Robert E. Charney, Josh Hunter

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

Ward is the first case in the Supreme Court of Canada where the lower courts had dismissed the tort claim but allowed damages under the Charter, thus transforming Charter damages into a “consolation prize” for plaintiffs whose claims, as a result of the law, the evidence or the pleadings, did not meet the applicable tort law standard. While the unanimous decision of the Supreme Court appears to uphold this approach, a closer reading of the decision indicates that the Court did not stray very far from basic tort law principles. The lower court decisions appear to adopt a “strict liability” …

Cost Strategies For Litigants: The Significance Of R. V. Caron, Joseph J. Arvay, Alison Latimer

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

At first blush, Caron is not a very interesting development in the advance costs jurisprudence. at best it represents a modest “liberalization” of the jurisprudence and may thus make obtaining such awards ever so slightly easier than in the past, even if such awards will always remain “exceptional”. In its deference to the rulings of the lower courts, the Court may have sent a signal that an order for advance costs will be less reviewable than in previous years, so counsel had better plan on getting their orders from the trial court lest there be no order at all. Where …

Violence Against Violence: In Search Of Security And Justice, C. Jacobs, Christy Schuetze

Sociology & Anthropology Faculty Works

No abstract provided.

Disentangling The Relationship Between Child Maltreatment And Violent Delinquency: Using A Nationally Representative Sample, Ilhong Yun, Jeremy D. Ball, Hyeyoung Lim

Criminal Justice Faculty Publications and Presentations

This study uses the National Longitudinal Study of Adolescents (Add Health) data, a nationally representative sample of adolescents, to disentangle the relationship between child maltreatment and violent delinquency. Also examined are potential moderating effects of gender, socioeconomic status (SES), and religiosity on the association between child maltreatment and violent delinquency. Contrary to prior research findings, the current analyses reveal that physical abuse is not associated with future violent delinquency, whereas sexual abuse and neglect predict violent delinquency significantly. The current study also did not reveal any moderating effects of gender, SES, and religiosity on the association between maltreatment and violent …

Adhd And Criminality: A Primer On The Genetic, Neurobiological, Evolutionary, And Treatment Literature For Criminologists, Catrina M. Schilling, Anthony Walsh, Ilhong Yun

Criminal Justice Faculty Publications and Presentations

This paper is a primer on ADHD and its major comorbidities for criminologists unfamiliar with the genetic, neurobiological, and evolutionary literature on the subject. With Unnerver, Cullen & Pratt (2003) we are surprised that criminologists do not pay sufficient attention to a disorder that is found at rates in prisons around the world greatly exceeding in prevalence in the general population. Unnerver, Cullen & Pratt (2003) believe that it is because ADHD research has been carried out primarily by biomedical researchers and that criminologists tend to shy away from anything smacking of biology. We believe that the special expertise of …

Can They Do That To Me - Does The Eighth Amendment Protect Children's Best Interests, Maryam Ahranjani University Of New Mexico

South Carolina Law Review

No abstract provided.

The Ineffective Assistance Of Counsel Era, Tom Zimpleman

South Carolina Law Review

No abstract provided.

Uk Law Notes, 2011, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, Hadar Aviram

UC Law SF Journal on Gender and Justice

For the last 150 years, conventional wisdom among criminologists saw crime as a predominantly male phenomenon. Recent socio-historical research has challenged this premise, showing a decline in the presence of women in the process as criminal defendants. Cultural studies have attributed this decline to a shift in perception of female deviance, from autonomy and enterprise to passivity and predetermination. This Article follows this transition in the cultural image of women and crime through the lens of Arthur Conan Doyle's Sherlock Holmes stories. The women in the stories are not clearly distinguished by their role in the criminal enterprise (perpetrators, accomplices, …

Court-Connected Mediation And Minorities: A Report Card, Sharon Press

Faculty Scholarship

Critical race theorists have raised important concerns about alternative dispute resolution in general and mediation specifically. Many of the critiques were written prior to the ascendency of court-connected mediation. To set the context, Part II of this article begins with a brief history of the court-connected mediation movement in the United States. In Part III, the critiques of mediation, specifically focusing on those related to minorities, are summarized. Part IV identifies some of the flaws in the critiques as related to court-connected mediation. Part V includes actions that court programs can undertake to address the issues raised by the critiques …

Gideon'S Vuvuzela: Reconciling The Sixth Amendments Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel, Sarah Gerwig-Moore

Articles

Dating back to the early decades of the twentieth century, the United States Supreme Court has articulated clear, venerable standards for the waiver of constitutional rights--and in particular the right to counsel. This is a rich area for both litigation and teaching, if only to be able to repeat phrases such as "courts indulge every reasonable presumption against waiver" and "we do not presume acquiescence in the loss of fundamental rights." A defendant must proceed with "eyes open," and a waiver will not be presumed from a "silent record." Consistently affirmed and reaffirmed by the United States Supreme Court and …