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Nova Law Review 36, #1

Nova Law Review

No abstract provided.

Bgsu Graduate College 2011-2012 Catalog, Bowling Green State University

Course Catalogs

Bowling Green State University graduate catalog for 2011-2012.

An Emerging Mandate For International Courts: Victim-Centered Remedies And Restorative Justice, Thomas M. Antkowiak

Faculty Articles

More than ever, international attention has been directed to the needs of those who have suffered human rights violations. Nevertheless, the chasm between what victims want and what they obtain is still vast. The Inter-American Court of Human Rights, unlike most tribunals, has sought to narrow this gap by ordering remedies that respond to victims’ demands for recognition, restoration, and accountability.

In contrast, for decades the European Court of Human Rights has applied a restrictive remedial model. The European Court, inordinately concerned about its institutional integrity, curtails remedies — often delivering only declaratory relief and monetary damages. Since the Inter-American …

The Fred T. Korematsu Center For Law And Equality And Its Vision For Social Change, Robert S. Chang

Faculty Articles

The Fred T. Korematsu Center for Law and Equality at Seattle University School of Law takes its name and inspiration from Fred Korematsu. Entrusted with honoring and furthering his legacy, the Korematsu Center, although not speaking as or for him, constructs its identity through its activities as an actor in the legal community and more broadly in the public. The Korematsu Center is very self-consciously engaged in developing a distinct personality as a collective entity that exists not just as a collection of the individuals or projects within the center.

The Korematsu Center is constituted by its commitments, by what …

Childhood Sexual Abuse And Adulthood Mortality In Veterans Treated For Combat-Related Ptsd, Caroline M. Kelly

Theses and Dissertations

Adverse childhood experiences, such as sexual abuse, have consistently been found to be associated with negative health-related outcomes in adulthood. Combat veterans with posttraumatic stress disorder (PTSD) may be at particular risk for such outcomes, as this population has been shown to report elevated rates of childhood sexual abuse. Research also suggests that combat veterans with PTSD are at increased risk for early mortality and behavioral causes of death, such as suicide, accidents, and homicide. However, despite the high rates of early mortality and childhood abuse among veterans with combat-related PTSD, to date, the relationship between these phenomena within this …

The International Criminal Court And Justice On The Ground, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

It is wonderful to be here today to celebrate Justice O'Connor's 80th birthday and to honor her enormous contribution to our national civic life. Let me acknowledge up front that the title of my essay conveys a certain double meaning. Justice O'Connor has always been a "justice on the ground." Grounded in experience and practical wisdom, she has always been concerned with the practical impact of Supreme Court decisions, and very determined that decisions should be understandable to the public (no footnotes allowed!). Moreover, her current work on "Our Courts" recognizes that maintaining fair, independent courts depends crucially on public …

Towards Sentence Compliance: Examining Pfma Offender Pathways Through Missoula Municipal And Justice Courts, Sara Justine Shapiro

Graduate Student Theses, Dissertations, & Professional Papers

In recent years, there has been great concern among those who work in the criminal justice system, in Missoula, Montana, about the processing of domestic violence offenders. Many of these people believe that domestic violence defendants are not being consistently prosecuted, and that convicted offenders are not completing their mandated anger management program. To address these concerns, this analysis examines the adjudication, from arrest to sentencing, of a cohort of defendants appearing in Missoula Municipal Court and Missoula County Justice Court. The sample includes defendants whose final charge between July 1, 2007 and June 30, 2008 was Partner/Family Member Assault …

A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana., Mikal C. Watts, Emily C. Jeffcott

St. Mary's Law Journal

Fundamental to the existence of the rights guaranteed to every citizen is the assurance that the right to equal protection under the law will be defended at all costs. Key to the United States’ system of adjudication is the right to a trial by jury, which is embodied in the Sixth and Seventh Amendments to the Constitution. These rights are also incorporated into all state constitutions through the Fourteenth Amendment. During jury selection, the judicial system permits the elimination of a certain number of jurors without cause. This form of elimination is known as a peremptory challenge. Over time, however, …

Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert

St. Mary's Law Journal

Congress responded to the terrorist attack of September 11, 2001 by passing the Authorization for the Use of Military Force (AUMF). In the following years Congress augmented that authority with the Military Commissions Act of 2006 (MCA of 2006) and the Military Commissions Act of 2009 (MCA of 2009). In passing these acts, Congress responded to the Supreme Court’s decision in Hamdan v. Rumsfeld, which found that President Bush’s attempt to establish military commissions required Congressional authorization. When drafting both MCAs, Congress recognized numerous evidentiary and trial procedures from federal civilian court were inappropriate for trying unlawful combatants. By these …

American Vertigo: "Dual Use," Prison Physicians, Research, And Guantanamo, George J. Annas

Case Western Reserve Journal of International Law

No abstract provided.

Divided Loyalties: Ethical Challenges For America's Law Enforcement In Post 9/11 America, Cynthia A. Brown Ph.D.

Case Western Reserve Journal of International Law

No abstract provided.

"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.

Case Western Reserve Journal of International Law

No abstract provided.

International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy

Case Western Reserve Journal of International Law

No abstract provided.

An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.

Fifty Years After: A Critical Look At The Eichmann Trial, Ruth Bettina Birn

Case Western Reserve Journal of International Law

No abstract provided.

Victims Before International Criminal Courts: Some Views And Concerns Of An Icc Trial Judge, Christine Van Den Wyngaert Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Victims’ Rights In Context: Protecting Crime Victims Under The Utah Supreme Courts’ Analysis Of Rule 506(D)(1), Thomas E. Goodwin

Utah Law Review

Imagine the Utah Supreme Court ignoring a defendant’s claim that the confession used as the basis for his conviction was made involuntarily. This idea is outrageous because both the Utah and United States Constitutions protect defendants against compelled self-incrimination, and the public demands that courts uphold constitutional rights. Unfortunately, however, crime victims are not always afforded the same right. In a number of recent cases dealing with defendants’ attempts to gain access to crime victims’ privileged mental health records, the Utah Supreme Court gave no consideration to crime victims’ constitutional rights before determining the records’ admissibility. The purpose of this …

Protecting Taxpayers And Crime Victims: The Case For Restricting Utah’S Preliminary Hearings To Felony Offenses, Paul G. Cassell, Thomas E. Goodwin

Utah Law Review

When prosecutors file serious criminal charges in Utah, the defendant is entitled to a preliminary hearing. At this hearing, witnesses will testify and be cross-examined to determine if the defendant should be bound over to face trial. For many decades, however, Utah has held such hearings only for felony offenses, not misdemeanors. In this respect, Utah practice tracked that of the vast majority of other states, which limit the use of preliminary hearings to more serious felony crimes. The reasons for limiting preliminary hearings to more serious felony cases are easy to understand. Preliminary hearings are costly and time consuming. …

Punishing Without Free Will, Luis E. Chiesa

Utah Law Review

In a few memorable lines of dialogue between Candide and his faithful servant Martin, Voltaire eloquently conveyed the relevance of free will to our practices of punishing and blaming. In a naturalistic world, as Martin observes, human beings are merely another cog in the wheel of nature. As such, it would be as absurd to blame humans for their sins as it would be to blame hawks for eating pigeons. The always-optimistic Candide begs to differ. The hawk’s nature is fixed because animal conduct is determined by natural laws. Mankind’s nature, on the other hand, is variable because humans have …

Removing The Umpire’S Mask: The Propriety And Impact Of Judicial Apologies, Maxine D. Goodman

Utah Law Review

One additional question this Article raises is why judicial conduct often warrants an apology. In other words, why do judges behave so badly? Researching judicial apologies for this Article presented a distressing view of judicial behavior—the degree and amount of rude and offensive behavior, illustrated by the examples shared previously, was both surprising and disheartening. Ideally, other commentators may take this Article and build on the ideas regarding the role of emotions in judging, which would include the emotions that motivate apologies.

Professional Responsibility Compliance And National Security Attorneys: Adopting The Normative Framework Of Internalized Legal Ethics, Keith A. Petty

Utah Law Review

In recent years, headline-making events reminded us that attorneys’ professional responsibilities will be tested in the national security context. The legal foundations of many post-9/11 counterterrorism policies were “sloppily reasoned, overbroad, and incautious,” as a prominent government attorney later recalled. Chief among these were the infamous “torture memos” drafted by legal advisors in executive branch agencies in 2002 and 2003, which authorized controversial interrogation and detention practices in furtherance of the “war on terrorism.” Although the authors of these memos were recently cleared of professional misconduct allegations following a five-year Department of Justice inquiry, their adherence to ethical standards has …

Exploring The Well-Being Of Foster Children Of Parents With Substance Abuse Problems In Family Dependency Treatment Courts, Barbara M. Howes

Dissertations

The aim of this three-paper format dissertation is to explore how the well-being of foster children of parents with substance abuse problems is defined and promoted through Family Dependency Treatment Courts (FDTC) within the context of the Adoption and Safe Families Act (ASFA). The benefit to the author of the three-paper method is the task of submitting the findings of the study for publication is eased as the dissertation contains three stand-alone articles. A drawback for the reader of the three paper method is that there is redundancy in reading the same sections in each paper. The reader is encouraged …

The Fourth Amendment Rights Of Children At Home: When Parental Authority Goes Too Far, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults. In a search for continuity and coherence in Fourth Amendment jurisprudence involving minors, Professor Henning identifies three guiding principles—context, parental authority, and the minor’s capacity—that weave together children’s rights cases. She argues that parental authority too often prevails over children’s rights, even when context and demonstrated capacity would support affirmation of those rights. Context involves both the physical setting in which Fourth Amendment protections are sought and the nature of the …

Tragic Rights: The Rights Critique In The Age Of Obama, Robin West

Georgetown Law Faculty Publications and Other Works

This article discusses the absence of the Rights Critique in the modern era, and its impact on the current formulation of rights in America. The three-pronged rights critique-–that U.S. constitutional rights politically insulate and valorize subordination, legitimate and thus perpetrate greater injustices than they address, and socially alienate us from community--was nearly ubiquitous in the 1980s. Since that time, it has largely disappeared, which in this author’s view is an unfortunate development.

The rights critique continues to be relevant today, because Obama-era rights continue to subordinate, legitimate, and alienate. However, these rights do more than just exaggerate the pathologies of …

The Connection Between Animal Abuse And Family Violence: A Selected Annotated Bibliography, Sharon L. Nelson

Faculty Articles, Papers, and Other Scholarship

This selected annotated bibliography assembles legal and social literature that examines the link between domestic violence and animal abuse. Drawing from an ever-growing body of written works dedicated to the issue, the bibliography presents the works that are most informative and useful to the legal community. These include case studies, current and proposed legislation, and social services guides that address the ocurrence of and response to the animal cruelty-family violence correlation. In doing so, the bibliography creates a resource that will prove helpful to a variety of legal practitioners, lawmakers, and professionals within the criminal justice system, and will serve …

The Transnationalization Of Truth: A Meditation On Sri Lanka And Honduras, Craig Scott

Articles & Book Chapters

The present article is an elaboration of the text prepared for a lecture, delivered in London, England, on Tuesday, October 19, 2010, as part of the Centre for Transnational Legal Studies’ annual Transnational Justice Lecture series. The paper begins, in Section II, with general comments on a notion of “interactive diversity of knowledge” and how that connects up to a view about the nature of truth. Sections III and IV then present salient aspects of events in both Honduras and Sri Lanka over the last two years, with the coup d’ état of 28 June 2009, in Honduras and the …

The Never Ending Attraction Of The Ponzi Scheme, Pearl Jacobs, Linda Schain

Criminal Justice Faculty Publications

In the 1920’s, Charles Ponzi engaged in a notorious money making scheme. This scheme had been tried before but no one prior to Charles Ponzi had managed to swindle millions of dollars out of unsuspecting people. Thus, the scheme bears his name. In December 2008, Bernard Madoff, a major Ponzi schemer, was exposed. He managed to con investors out of over $65 billion over a thirty year period. Madoff was a highly respected financial expert. The investors were mostly well educated and supposedly financially savvy. How did this happen? This paper will examine some theories which may help explain both …

Voices Of Latino/A Immigrants In Southeast Michigan: Beyond The Criminal/Victim Dichotomy, Maya Barak

Master's Theses and Doctoral Dissertations

Following humanitarian, social justice, and labor organizing traditions that readily incorporate Latino immigrants’ voices into their work, and drawing upon postmodern, feminist, and activist schools of thought, this study illuminates the history of immigration policy and discourse in America and the Latino community’s knowledge and expertise about life as an undocumented Latino immigrant in Southeast Michigan. The development of increasingly restrictive immigration policies is traced, paying special attention to the adaptation of a criminal justice/enforcement models to the realm of immigration control and the concurrent criminalization of undocumented immigrants. The effects of current immigration and immigrant-specific policies on criminal offenses …

Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera

American University Law Review

No abstract provided.

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

College Bulletins

No abstract provided.