Digital Commons Network^™

Searching And Seizing After 9/11: Developing And Applying Empirical Methodology To Measure Judicial Output Inthe Supreme Court's Section 8 Jurisprudence, Richard Jochelson, Michael Weinrath, Melaine Janelle Murchison

Dalhousie Law Journal

In 2005, Margit Cohn and Mordechai Kremnitzer created a multidimensional model to measure judicial discourse inherent in the decision making of constitutional courts. Their model set out multiple indicia bywhich to measure whether the court acted within proper constitutional constraints in order to determine the extent to which a court rendered a decision that was activist or restrained. This study attempts to operationalize that model. We use this model to analyze changes in interpretation of search and seizure law under section 8 after the enactment of the Canadian Charter of Rights and Freedoms at the Supreme Court of Canada. The …

Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …

Armstrong Magazine, Marketing & Communications Department, Armstrong State University

Armstrong News & Publications: Armstrong Magazine (Archived)

No abstract provided.

Library Grad Student Survey Report 2012, Cynthia Dancel

Libraries' Documents

No abstract provided.

Agency And Equity: Why Do We Blame Clients For Their Lawyers' Mistakes, Adam Liptak

Michigan Law Review

If you were to ask a child whether it would be fair to execute a prisoner because his lawyer had made a mistake, the answer would be no. You might even get a look suggesting that you had asked a pretty stupid question. But judges treat the issue as a hard one, relying on a theory as casually accepted in criminal justice as it is offensive to principles of moral philosophy. This theory holds that the lawyer is the client's agent. What the agent does binds the principal. But clients and lawyers fit the agency model imperfectly. Agency law is …

A Tale Of Two Sciences, Erin Murphy

Michigan Law Review

It was the best of times, it was the worst of times . .. . So might one describe the contrasting portraits of DNA's ascension in the criminal justice system that are drawn in David Kaye's The Double Helix and the Law of Evidence and Sheldon Krimsky and Tania Simoncelli's Genetic Justice: DNA Data Banks, Criminal Investigations, and Civil Liberties. For Kaye, the double helix stands as the icon of twenty-first-century achievement, a science menaced primarily by the dolts (lawyers, judges, and the occasional analyst) who misuse it. For Krimsky and Simoncelli, DNA is a seductive forensic tool that is …

Renegotiating The Social Contract, Jennifer S. Hendricks

Michigan Law Review

Despite an economic recession and record levels of personal bankruptcy filings due to healthcare costs, President Obama's healthcare reform initiative sparked a season of protests. A "public option"-not to mention a single-payer system-was off the table even before the discussion began. As the question of the reform package's constitutionality wound its way to the Supreme Court, it became clear that a substantial number of American people do not want their government helping them stay alive. In this climate, it is difficult to imagine an America in which the state is an accepted partner in meeting the challenges and responsibilities of …

Release As Remedy For Excessive Punishment, Alexander A. Reinert

Articles

Although the Eighth Amendment’s prohibition on “cruel and unusual” punishment means different things in different contexts, it plainly forecloses state and federal actors from choosing ex ante to impose a punishment that is either disproportionate or inconsistent with minimum standards of decency. In other words, the Eighth Amendment mandates that no punishment be imposed if the only other choice on the table is an unconstitutional punishment. Although this principle can be gleaned from the disparate strands of Eighth Amendment jurisprudence, its remedial consequence has not been fully implemented. In this Article, I propose that providing a remedy of release from …

Restructuring Of State Policing Post 9/11, Joseph Iniguez

All Student Theses and Dissertations

After September 11, 2001, the United States law enforcement community found itself ill prepared to handle the range of responsibilities required in a nation under the threat of terrorism. Police organizations hastily assigned resources to help mitigate areas hit hard by the attack while dispersing investigative capital to prevent future strikes. A stark realization followed that exposed the challenges of coping with counter-terrorism while balancing finite resources aimed at traditional crime fighting. These added challenges led to the notion that American policing had entered a new era –Homeland Security. The following research explores the emergence of the new Homeland Security …

Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe

Cardozo Law Review

No abstract provided.

Evaluation Of Nebraska’S Problem-Solving Courts, The Public Policy Center

University of Nebraska Public Policy Center: Publications

From March 2010 through December 2011, the University of Nebraska Public Policy Center conducted an evaluation of Nebraska’s problem solving courts. Main findings include the following:

• Nebraska’s problem solving courts are effectively operated, following the ten key components for drug courts, thereby reducing crime and addiction and improving the lives of participants
• Graduation rates for Nebraska drug courts match or exceed national drug court rates
• Costs for Nebraska programs are comparable to costs for drug courts across the country
• Nebraska drug court programs are cost efficient, saving between $2,609,235 and $9,722,920 in tax dollars per year
• Problem solving courts in …

Identity - Memory - Testimony, Maine Women Writers Collection, University Of New England

Maine Women Writers Collection Conferences

Program for the 2012 MWWC conference Identity - Memory - Testimony.

Hoagland V. Ada County Respondent's Brief Dckt. 38775

Idaho Supreme Court Records & Briefs, All

No abstract provided.

The Ne Bis In Idem Principle In Proceedings Related To Anti-Competitive Agreements In Eu Competition Law, Przemysław Kamil Rosiak

Yearbook of Antitrust and Regulatory Studies

The source of the ne bis in idem principle in European Union law is found in both the Protocol no. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) and in the legal systems of many Member States. It is enshrined in the jurisprudence of the EU courts as a general principle of EU law. Furthermore, it has also been introduced into some international agreements concluded by the Member States, i.e. the Convention on the protection of the European Communities’ financial interests and the Convention on the fight against corruption, which remain an integral part …

Flyer News, Vol. 59, No. 36 (March 30, 2012), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Stress, Mental Health, And Substance Abuse Problems In A Sample Of Diversion Program Youths: An Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Laura M. Gulledge, Lora M. Karas, Ken C. Winters, Steven Belenko, Paul Greenbaum

Faculty Publications

Reflective of interest in mental health and substance abuse issues among youths involved with the justice system, we performed a latent class analysis on baseline information collected on 100 youths involved in two diversion programs. Results identified two groups of youths: Group 1: a majority of the youths, who had high levels of delinquency, mental health, and substance abuse issues; and Group 2: youths with low levels of these problems. Comparison of these two groups on a variety of psychosocial measures and parent/guardian reports found differences between them that were consistent with their problem group classification. Follow-up analysis confirmed problem …

Usa V. William Heiser

2012 Decisions

USDC for the Middle District of Pennsylvania

Murray Ledger And Times, March 30, 2012, Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Penal Institutions General Provisions: Require Registration For Certain Offenders, Georgia State University Law Review

Georgia State University Law Review

The Act requires that persons who have been convicted of certain crimes against minors or who have been convicted of sexually violent offenses register their names, addresses, and other information with the Georgia Bureau of Investigation at the time such offenders are released from prison or placed on probation or parole. The Act establishes procedures for keeping file information current and defines the roles of the various law enforcement agencies in implementing and maintaining the registration program. Failure to comply with the registration requirements during the specified term of registration is classified as a misdemeanor and is a violation of …

Eastern Progress - 29 Mar 2012, Eastern Kentucky University

Eastern Progress 2011-2012

No abstract provided.

The Parthenon, March 29, 2012, Crystal Myers

The Parthenon

The Parthenon, Marshall University’s student newspaper, is published by students Monday through Friday during the regular semester and weekly Thursday during the summer. The editorial staff is responsible for the news and the editorial content.

The Comment, March 29, 2012, Bridgewater State University

The Comment

No abstract provided.

Newsroom, Georgia Southern University

Newsroom (2006-2023)

• Michael R. Smith, Ph.D. Named Georgia Southern University Vice Provost

March 29, 2012, The Daily Mississippian

Daily Mississippian (all digitized issues)

No abstract provided.

The Daily Egyptian, March 28, 2012, Daily Egyptian Staff

March 2012

No abstract provided.

Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang

Fred T. Korematsu Center for Law and Equality

Juvenile Justice and Racial Disproportionality: A Presentation to the Washington State Supreme Court

Rotunda - Vol 90, No 21 - March 28, 2012, Longwood University

Rotunda

No abstract provided.

The Antelope, University Of Nebraska At Kearney

The Antelope

No abstract provided.

The Bg News March 28, 2012, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. March 28, 2012. Volume 102-Issue 85.

The Guardian, March 28, 2012, Wright State University Student Body

The Guardian Student Newspaper

Twelve page issue of The Guardian, the official student-run newspaper for Wright State University. The Guardian has been published regularly since March of 1965.