Digital Commons Network^™

Interview With Edward B. Macmahon, Jr., Edward B. Macmahon Jr.

William Mitchell Law Review

No abstract provided.

Criminal Law: Subjective Inquiry Into A Defendant's State Of Mind: Should Psychiatric Expert Testimony Be Allowed To Disprove Mens Rfai—State V. Anderson, 789 N.W.2d 227 (Minn. 2010), Brittany E. Bachman

William Mitchell Law Review

No abstract provided.

Are "Private" Spaces On Social Networking Websites Truly Private? The Extension Of Intrusion Upon Seclusion, Adam Pabarcus

William Mitchell Law Review

No abstract provided.

Real Rape, Too, Bennett Capers

Faculty Scholarship

No abstract provided.

General Strain Theory, Race, And Delinquency, Jennifer Peck

USF Tampa Graduate Theses and Dissertations

The present study drew on Agnew's General Strain Theory (GST) to examine the relationship between strain, race, and delinquent behavior. To address this possible association, five hypotheses were tested to examine if different types of strain and stress exposure influence delinquent coping and if these relationships are conditioned by race and ethnicity. Using data from the Add Health Study, White, African American, and Hispanic adolescents, the present study attempts to generalize GST to different racial and ethnic groups.

Results from OLS and negative binomial regression analyses indicate that some support was found for GST, in that indicators of strain to …

Capacity-Building Efforts Of The Ictr: A Different Kind Of Legacy , Adama Dieng

Northwestern Journal of Human Rights

No abstract provided.

Atrocity Crimes Litigation: Year-In-Review (2010) Conference Abridged Transcript

Northwestern Journal of Human Rights

No abstract provided.

Federal Rules Update: Rules Amended As Of December 2010, David A. Schlueter

Faculty Articles

Amendments to the Federal Rules of Procedure and Evidence become effective three years from initial drafting by an advisory committee. Proposed amendments are considered by the respective advisory committees, then circulated for public comment, and then forwarded to the Judicial Conference’s Standing Committee on Rules. If approved by the Judicial Conference, they are sent to the Supreme Court for any appropriate changes. If Congress makes no changes after approval by the Supreme Court, the amendments automatically become effective December 1. Two proposed amendments in 2010 did not become effective because they were not submitted to Congress under the procedure outlined …

Credit-Monitoring Damages In Cybersecurity Tort Litigation, Vincent R. Johnson

Faculty Articles

When someone improperly accesses or discloses an individual’s personal information, the subject of that data breach is often at an increased risk of identity theft. One way for an affected data subject to guard against this risk is to subscribe to a credit-monitoring service. Recently, potential cybersecurity defendants have provided credit-monitoring services to affected data subjects voluntarily, and courts have approved credit-monitoring compensation as part of class-action settlements. These developments demonstrate that credit-monitoring expenditures are both reasonable and necessary when a serious breach of data security occurs. Furthermore, the economic loss rule should not bar recovery of credit-monitoring damages because …

The Rule Of Law And Enforcement Of Chinese Tort Law, Vincent R. Johnson

Faculty Articles

The majority of the work necessary to advance the Rule of Law in China is yet to be done. This is particularly the case as it relates to deterring accidents and compensating injuries. The Rule of Law is concerned with much more than the substantive terms of legal provisions. As such, China must develop the institutional practices that will bring to fruition the promise of the new Tort Law. In part, this will entail the proper selection, retention, and protection of judges. It will also depend on whether persons have access to the justice system, either through competent counsel or …

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, Stuart Ford

Saint Louis University Law Journal

No abstract provided.

Front Page: Notes On The Nature And Significance Of Headline Trials, Lawrence M. Friedman

Saint Louis University Law Journal

No abstract provided.

The 1921 Headline Trial, Alabama V. Edwin R. Stephenson—Seeing Ourselves In A Grain Of Sand, Sharon L. Davies

Saint Louis University Law Journal

No abstract provided.

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth–Century Headline Trial, Carolyn B. Ramsey

Saint Louis University Law Journal

No abstract provided.

The "R-Word": A Tribute To Derrick Bell, Kenneth B. Nunn

University of Florida Journal of Law & Public Policy

No abstract provided.

Allotment Of Justice: How U.S. Policy In Indian Country Perpetuates The Victimization Of American Indians, Elise Helgesen

University of Florida Journal of Law & Public Policy

No abstract provided.

Negotiating Social Mobility And Critical Citizenship: Institutions At A Crossroads, Michelle D. Deardorff, Angela Mae Kupenda

University of Florida Journal of Law & Public Policy

No abstract provided.

The Pluralism Of International Criminal Law, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

This Article develops a pluralistic account of substantive international criminal law (ICL). Challenging the dominant assumption among theorists and practitioners, it argues that the search for consistency and uniformity in ICL is misguided, that the law applicable to international crimes should not be the same in all cases, and that those guilty of like crimes should not always receive like sentences. In lieu of a one-size-fits-all criminal law, this Article proposes a four-tiered model of ICL that takes seriously the national laws of the state or states that, under normal circumstances, would be expected to assert jurisdiction over a case. …

Let The Sunshine In: The Aba And Prison Oversight, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

2010 may be remembered as the year in which prison oversight finally found a place on the national correction agenda, thanks in significant part to the attention that the American Bar Association has focused on this topic. In this article, we briefly describe the state of American prisons, trace the recent movement toward prison oversight, describe the rationale for oversight and the benefits it provides, and describe the contribution made to this effort by the ABA through the passage of its landmark resolution in 2008, through its Standards on the Treatment of Prisoners calling for prison oversight, and through the …

Due Process Or "Some Process"? Restoring Pate V. Robinson's Guarantee Of Adequate Competency Procedures, David W. Beaudreau

California Western Law Review

No abstract provided.

Faces Of Research At Loma Linda University Health, Loma Linda University

Scope

In this issue . . .

2 | ICE on the summit
Innovative study takes ischemic pre-conditioning to new heights

6 |The science behind caring for others
Nursing professor looks at placement decisions in caregiving

8 | A voice for the children
Loma Linda researcher looks at ways to better help maltreated children

10 | The explanation of exploitation
Investigating the issues behind human trafficking in Thailand

14 | A risky ride
Study suggests higher risk of amputation in multi-rider ATV accidents

16 | Saving the sea turtles
Loma Linda researcher works to save hawksbill turtles and their habitat

18 …

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Indiana Law Journal

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …

Landscapes Of City And Self: Place And Identity In Urban Young Adult Literature, Ebony Elizabeth Thomas

Teacher Education Faculty Publications

Urban landscapes feature iconic symbols from the past and contemporary times. These noticings and remembrances from literature and life contribute to the formation of readers’ identities, as well as their sense of being anchored in worlds both real and fictional.  As taken for granted as the geographic, cultural, and economic distinctions of cities are, there are broader implications for readers, teachers, and critics of adolescent literature. In this article, the author proposes that the virtual nature of many of today’s communication modes has inspired a return to that which is tangible, local, and immediate.  The urban geographies imagined and described …

Funding Gideon's Promise By Viewing Excessive Caseloads As Unethical Conflicts Of Interest, Heidi Reamer Anderson

UC Law Constitutional Quarterly

Some states recently have attempted to legislate around a defendant's constitutional right to effective assistance of counsel via a novel two-step method. Step one is to allocate insufficient funds for public defense, which results in excessive caseloads for public defenders. Step two-the step that has slipped by without sufficient notice or criticism-is to bar a public defender from withdrawing from representation based on his excessive caseload. Ultimately, this statutory two-step further entrenches the systematic deprivation of defendants' Sixth Amendment rights to effective assistance.

In this article, I urge courts to "constitutionalize" the excessive caseload problem via two steps of their …

The Distance Imperative: A Different Way Of Thinking About Public Official Corruption Investigations/Prosecutions And The Federal Role, Norman Abrams

Loyola University Chicago Law Journal

No abstract provided.

Negotiating Social Mobility And Critical Citizenship: Institutions At A Crossroads, Michelle D. Deardorff, Angela Mae Kupenda

Journal Articles

A Black law professor who teaches at a predominantly White law school and a White public law professor who teaches at a historically Black university in the same southern, urban community are co-authors of this Article. Here, in this piece, we explore the tension between the goals of our institutions and many other institutions to improve the socioeconomic status of our students with our personal goals of preparing students to challenge societal injustice and to be critical citizens who are willing to challenge a government that engages in abusive actions or is exploitative of its citizenry.

An Overview Of New Psychoactive Substances And The Outlets Supplying Them, Cathy Kelleher, Rachel Christie, Kevin Lalor, John Fox, Matt Bowden, Cora O'Donnell

Reports

This report represents the outcome of a review of new psychoactive substances2 within the Irish context, including a review of the outlets that supply these substances. The review was commissioned by the National Advisory Committee on Drugs (NACD) in accordance with Action 14 of the National Drugs Strategy (interim) 2009–2016. Action 14 provides for the monitoring of ‘head shops’3 and other outlets for the sale of psychoactive substances, under the Misuse of Drugs Act 1977 and the Misuse of Drugs (Amendment) Regulations 2007. Researchers at the Centre for Social and Educational Research (CSER) within the School of Social Sciences and …

Voice, Listening And Social Justice: A Multimediated Engagement With New Immigrant Communities And Publics In Ireland, Alan Grossman

Conference Papers

No abstract provided.

Law Of Evidence At The International Criminal Court: Blending Accusatorial And Inquisitorial Models, Michele Caianiello

North Carolina Journal of International Law

No abstract provided.

The Competing Visions Of Fairness: The Basic Choice For International Criminal Tribunals, Mirjan Damaska

North Carolina Journal of International Law

No abstract provided.