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Notable Bills Of The 2011 General Assembly

Richmond Journal of Law and the Public Interest

House and Senate Bills from the 2011 General Assembly

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack

Richmond Journal of Law and the Public Interest

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to longreaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia's tribes an equal place …

Utah V. Manuel Hurtado Rincon : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for identity fraud, a second degree felony, in the Second Judicial District Court of Utah, Weber County, the Honorable Michael Direda presiding

Jed A. Gressman V. State Of Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF RESPONDENT/APPELLANT

State Of Utah V. Julio I. Martinez : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

The Adam Walsh Act As Applied To Juveniles: One Size Does Not Fit All, Richard A. Paladino

Hofstra Law Review

No abstract provided.

Watching The Detectives: Crime Programming, Fear Of Crime, And Attitudes About The Criminal Justice System, Lisa A. Kort-Butler, Kelley J. Sittner Hartshorn

Department of Sociology: Faculty Publications

Research demonstrates a complex relationship between television viewing and fear of crime. Social critics assert that media depictions perpetuate the dominant cultural ideology about crime and criminal justice. This article examines whether program type differentially affects fear of crime and perceptions of the crime rate. Next, it tests whether such programming differentially affects viewers’ attitudes about the criminal justice system, and if these relationships are mediated by fear. Results indicated that fear mediated the relationship between viewing nonfictional shows and lack of support for the justice system. Viewing crime dramas predicted support for the death penalty, but this relationship was …

Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights, Suzanne Egan, Rachel Murray

Fordham International Law Journal

One of the most striking outcomes of the Good Friday/Belfast Agreement ("Agreement") was the extent to which the establishment of human rights institutions and mechanisms was brought center-stage into the shaping of the political settlement. The dynamic talks process that led to the signing of the Agreement resulted in an extensive range of obligations in regard to human rights on the part of the Irish and British governments, many of which were implemented very soon afterwards. Paragraph 10 of the "Rights, Safeguards and Equality of Opportunity" section of the Agreement makes mention of a trans-jurisdictional human rights initiative that would …

The International Legal Right To Individual Compensation In Nepal And The Transitional Justice Context, Matthew F. Putori

Fordham International Law Journal

Part I of this Note provides a brief political history of Nepal since the mid-eighteenth century; defines the concept of transitional justice; and explores the international law of remedy, reparations, and compensation. Part II focuses on the right to individual compensation in order to determine which human rights violations trigger a state's legal obligation to compensate victims, and then applies that right to the transitional justice context. Finally, Part III proposes the design of an individual compensation program in which Nepal, and other transitional states, can fulfill legal obligations while simultaneously working toward peace, democracy, and development.

Working Toward A Legally Enforceable Nuclear Non-Proliferation Regime, Ronald J. Sievert

Fordham International Law Journal

The foundation of the international effort to stop the proliferation of nuclear weapons is the Nuclear Non-Proliferation Treaty ("NPT"). This Article proceeds in three parts. Part I proposes a new Nuclear Non-Proliferation Treaty. Part II contains preliminary observations regarding the Security Council, General Assembly and Zanger Committee provisions of the new treaty and then addresses the basic question of why nations might be willing to scrap the established NPT in favor of this new proposed agreement. Finally, Part III discusses how the advent of international institutions and the increasing incorporation of international law into the framework of domestic, regional and …

After Guantánamo: Legal Rights Of Foreign Detainees Held In The United States In The "War On Terror", Ashley C. Pope

Fordham International Law Journal

Part I of this Note explores the background of both the Guantánamo detainee problem-i.e., what rights a foreign national detained at Guantánamo has-and the domestic detainee problem-i.e., what rights a foreign national detained on US soil has-that the United States may soon be facing, as well as the development of the law that has left open these legal ambiguities. Part I also discusses the applicability of international law on the issue. Part II presents the current conflict over the rights foreign detainees should have and the legality of detention on US soil, discusses the applicability of international law within the …

Pirates And Impunity: Is The Threat Of Asylum Claims A Reason To Allow Pirates To Escape Justice, Yvonne M. Dutton

Fordham International Law Journal

Pirates are literally getting away with murder. Modern pirates are attacking vessels, hijacking ships at gunpoint, taking hostages, and injuring and killing crew members.1 They are doing so with increasing frequency. According to the International Maritime Bureau (“IMB”) Piracy Reporting Center’s 2009 Annual Report, there were 406 pirate attacks in 2009—a number that has not been reached since 2003. Yet, in most instances, a culture of impunity reigns whereby nations are not holding pirates accountable for the violent crimes they commit. Only a small portion of those people committing piracy are actually captured and brought to trial, as opposed to …

Formalization Of Plea Bargaining In Germany: Will The New Legislation Be Able To Square The Circle?, Regina E. Rauxloh

Fordham International Law Journal

In German criminal trials, the common law instrument of the guilty plea is unknown. Consequently, one cannot speak of plea bargaining in the strict sense. Nevertheless, informal negotiations, which center on the exchange of a confession for a sentence concession, play an increasing role in the German criminal process. It is claimed that in today’s Germany “the criminal procedure cannot be imagined without the phenomenon of informal agreements.” After years of academic debate and developing case law on informal agreements, the German Federal Parliament (Deutscher Bundestag) has now passed new legislation that regulates agreements and makes them part of the …

The Stalking Experience, Jill M. Pokryfke

Theses and Dissertations

No abstract provided.

The Effect Of Lineup Instructions On Eyewitness Accuracy, Joe H. Neal

Theses and Dissertations

No abstract provided.

Getting Into Character: Cultivating Identities In A Teen-Theatre Peer-Education Program, Valerie A. Futch

Dissertations, Theses, and Capstone Projects

This study investigated the role of community theatre participation on adolescent and young adult identity development. The theatre program, known as The SOURCE, focuses on sex-education through a peer-education model. The experiences of young adults, who are now aged 18-34, were examined through interviews (N=20), identity maps (N=9), and a survey (N=64) in order to understand how participation in this group influenced their development. While much of the literature documents the successes of such programs while youth participate, few document the longer-term impacts of such participation (Saldaña, McCammon, Omasta, & Hines, 2011). Data reveal how such involvement informed the youths' …

And All The Pieces Matter: Thoughts On The Wire And The Criminal Justice System, Susan Bandes

College of Law Faculty

No abstract provided.

Becoming Normal: The Social Construction Of Buprenorphine And New Attempts To Medicalize Addiction, Julie C. Netherland

Dissertations, Theses, and Capstone Projects

Drawing on theories about the social construction of knowledge and the sociology of the body, this dissertation analyzes the social construction of buprenorphine, a medication being used to treat addiction to opioids, to better understand the processes of medicalization. Buprenorphine was central the passage of the Drug Addiction Treatment Act of 2000, a law which overturned an almost one hundred year prohibition preventing physicians from prescribing narcotics for the treatment of addiction in an office-based setting. Buprenorphine is seen by many as central to moving addiction treatment into the medical mainstream. Using documents from government regulators, industry, and addiction researchers, …

Identity And Behavior: Exploring An Understanding Of “Being” And “Doing” For Catholic Priests Accused Of The Sexual Abuse Of Minors In The United States, Brenda K. Vollman

Dissertations, Theses, and Capstone Projects

The problem of the sexual abuse of minors by Catholic priests in the United States has been problematized as a phenomenon that is, in part, a distinction of the priesthood. Although it is known that there are sex offenders in the world who are not, nor were they ever, priests, this study sets forth to uncover whether or not the priests in the sample are, in fact, different on typical psychological risk factors than the at-large sex offender. More importantly, in the absence of notable differences on risk factor characteristics, this study explores the ways in which narrative structures are …

Call Of Duty: A Question Of Police Integrity, Albert O. Gamarra

Dissertations, Theses, and Capstone Projects

Policing is a profession linked to ideals of integrity and honor. In spite of this, the profession has not been immune to corruption within its ranks. Most research in policing has concentrated on police corruption rather than police integrity. Research studies have examined the issue of corruption but they have encountered a multitude of measurement issues, making the direct study of corruption difficult.

The goal of this research study was to replicate the seminal Klockars, Ivkovich, Harver & Haberfeld (2000) study examining police integrity within the United States. There has been a lack of research dedicated to the study of …

Understanding Transnational Advocacy Groups: A Case Study Of The Effectiveness Of The Committee To Protect Journalists In The Promotion Of Press Freedom In The Philippines, Mayuri Mukherjee

Graduate Theses, Dissertations, and Problem Reports (ETD)

Given the increasingly crucial role of the media in forming popular opinion, policymaking and the conduct of democratic institutions, there has been a severe, often lethal, backlash against individuals who exercise this power through their craft. This study examines the effectiveness of international advocacy groups in protecting journalists and promoting press freedom through a case study of the Committee to Protect Journalists, a non-governmental international advocacy group, in getting justice for killed journalists in the Philippines -- one of the world's most deadliest places for journalists. The study attempts to provide a detailed insight into how transnational advocacy groups work …

Community Corrections Professionals' Views Of Sex Offenders, Sex Offender Registration And Community Notification And Residency Restrictions, Richard Tewksbury, Elizabeth E. Mustaine, Brian K. Payne

Sociology & Criminal Justice Faculty Publications

The article discusses a study which explained the views of corrections professionals on sex offender registration and community notification (SORN) policies. The researchers focused on the examination of attitudes of criminal justice officials who are charged with enforcing such policies by forty three-item survey questionnaire. They found that these professionals are moderately supportive of residency restrictions and believe that both with SORN are effective in preventing sex offenses.

The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.

Federalism And Criminal Law: What The Feds Can Learn From The States, Rachel E. Barkow

Michigan Law Review

Criminal law enforcement in the United States is multijurisdictional. Local, state, and federal prosecutors all possess the power to bring criminal charges. An enduring question of criminal law is how authority should be allocated among these levels of government. In trying to gain traction on the question of when crime should be handled at the federal level and when it should be left to local authorities, courts and scholars have taken a range of approaches. Oddly, one place that commentators have not looked for guidance on how to handle the issue of law enforcement allocation is within the states themselves. …

Equality Behind Bars: Improving The Legal Protections Of Transgender Inmates In The California Prison Systems, Angela Okamura

UC Law Journal of Race and Economic Justice

This note examines the failure of federal and California law to protect perhaps its most vulnerable population: transgender prisoners. Although California expresses its concern for the safety and well-being of transgender individuals in other areas of the law, rights for transgender inmates get left in the dust. Transgender inmates are disproportionately likely to be sexually abused in prison, and their safety is not adequately assured under the current state of federal or California law. Currently, when classifying and housing prisoners, officials of the California Department of Corrections and Rehabilitation ("CDCR") are only required to look at factors that point to …

The Intersection Of Intellectual Property And Race In The Twenty-First Century: An Examination Of The Interpretation Of Racial Categories In Patent Law, Tiffany Cruz Gonzalez

UC Law Journal of Race and Economic Justice

The political and jurisprudential treatment of racespecific patents, patents on inventions that are aimed at certain racially or ethnically defined groups, in the United States has the potential to legitimize the reification of race and severely impact society's understanding of racial disparities. Accordingly, with the increase in race-specific patents, and race-based technology in general, the way that the courts will construe racial categories in claim terms will determine the pattern and practice of future race relations in the United States. This note examines the role of a judge and an inventor in the potential litigation of a racespecific patent both …

A Civil Right To Counsel Through The States Using California's Efficiency Project As A Model Toward A Civil Gideon, Brian Brophy

UC Law Journal of Race and Economic Justice

While the United States Supreme Court's decision in Gideon v. Wainwright guaranteed the right to counsel in criminal trials, the poor are often left without representation in civil cases. These cases can have devastating impacts on the poor's access to housing, welfare benefits, children, and more. In 2009, California passed the Sargent Shriver Civil Counsel Act, which created pilot projects that guarantee access to counsel in civil cases for indigent Californians. This note examines how state legislatures can use California's act as a model to expand access to counsel into the civil context. If state officials are shown the dire …

Twenty-Five To Life For Adolescent Mistakes: Juvenile Strikes As Cruel And Unusual Punishment, Beth Caldwell

University of San Francisco Law Review

No abstract provided.

Brady Is The Problem: Wrongful Convictions And The Case For “Open File” Criminal Discovery, Brian Gregory

University of San Francisco Law Review

No abstract provided.

The Need For Special Veterans Courts, Samantha Walls

Denver Journal of International Law & Policy

No abstract provided.