Digital Commons Network^™

Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus

Oklahoma Law Review

No abstract provided.

When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier

Oklahoma Law Review

No abstract provided.

Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States, Alexander J. Sisemore

Oklahoma Law Review

No abstract provided.

Plowing In Hope: A Three-Part Framework For Incorporating Restorative Justice Into Sentencing And Correctional Systems, Lynn S. Branham

William Mitchell Law Review

No abstract provided.

Gender & Sexuality In The Aba Standards On The Treatment Of Prisoners, Margaret Colgate Love, Giovanna Shay

William Mitchell Law Review

No abstract provided.

Uneasy Neighbors: Comparative American And Canadian Counter-Terrorism, Kent Roach

William Mitchell Law Review

No abstract provided.

Pro Se Litigation And The Costs Of Access To Justice, Dan Gustafson, Karla Glueck, Joe Bourne

William Mitchell Law Review

No abstract provided.

Reinventing The Wheel: Constructing Ethical Approaches To State Indigent Legal Defense Systems, Bill Piatt

Faculty Articles

Indigent defense remains in a state of crisis. Almost fifty years after the Supreme Court's landmark decision in Gideon v. Wainwright, lack of funding, favoritism, inefficiency, and poorly-designed indigent-defense plans plague the system, which can best be characterized as being in a state of disrepair. As a result, accused indigent individuals, a vulnerable population, suffer from a lack of adequate representation. This Article reviews the history and implementation of various indigent-defense systems and examines the ethical issues arising from their operation. It offers a guide to reconstructing a model system, including the suggestion that attorneys first recommit the profession to …

Constitutional Entitlements To And In Courts: Remedial Rights In An Age Of Egalitarianism: The Childress Lecture, Judith Resnik

Saint Louis University Law Journal

No abstract provided.

Reconceptualizing Federal Courts In The War On Terror, Jonathan Hafetz

Saint Louis University Law Journal

No abstract provided.

Charm Offensive In Lilliput: Military Commissions 3.1, Eugene R. Fidell

Saint Louis University Law Journal

No abstract provided.

Military Commissions: A Place Outside The Law’S Reach, Janet Cooper Alexander

Saint Louis University Law Journal

No abstract provided.

Applying Padilla In Missouri In The Midst Of The Public Defender Crisis, Zachary D. Wood

Saint Louis University Law Journal

No abstract provided.

A Quick Guide For Lgbti Policy Development For Youth Confinement Facilities, Brenda V. Smith

Research Reports & White Papers

This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) youth. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI youth in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions …

A Quick Guide For Lgbti Policy Development For Adult Prisons And Jails, Brenda V. Smith

Research Reports & White Papers

This Quick Guide will help agencies and facilities develop a comprehensive response to working with lesbian, gay, bisexual, transgender and intersex (LGBTI) inmates. It is not meant to provide an answer to every question or an in-depth discussion of all issues that agencies face or that the LGBTI population faces while in custody. It provides an overview of the important issues that agencies should consider when working to house and treat LGBTI inmates in a way that is safe and consistent with an agency’s mission, values, and security guidelines … This Quick Guide is organized chronologically according to the decisions …

A Fresh Cut In An Old Wound—A Critical Analysis Of The Trayvon Martin Killing: The Public Outcry, The Prosecutors' Discretion, And The Stand Your Ground Law, Tamara F. Lawson

University of Florida Journal of Law & Public Policy

No abstract provided.

Neuroscience And The Child Welfare System, Clare Huntington

Faculty Scholarship

A growing body of research by neuroscientists demonstrates that a child’s early life experiences and environment literally shape the child’s brain architecture, with lifelong consequences that are very difficult to reverse. Children’s relationships with their primary caregivers are at the core of this brain development, but when this relationship is severely deficient, the developing child’s brain is deeply affected. This research has not gained sufficient recognition in policy debates about the child welfare system because much of the work is complex and hard for non-neuroscientists to decipher with nuance. This essay brings a family law scholar’s perspective to understanding the …

The Delinquent “Toddler”, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

Twenty-first century juvenile justice jurisprudence has focused on the criminal responsibility of adolescents, including, notably, the interface between psychological and neurological development and social accountability. The focus has led to a growing awareness that teenagers should not be equated with or held as accountable as adults. For example, several states, including Connecticut, Illinois, and Mississippi, have raised the age of criminal responsibility from 16 or 17 to 18, with a corresponding expansion of juvenile court jurisdiction. Of potentially greater significance, the principle of diminished criminal responsibility has gained credibility. Witness, for example, the US Supreme Court holding that capital punishment …

Immigrant Outsider, Alien Invader: Immigration Policing Today, César Cuauhtémoc García Hernández

California Western Law Review

No abstract provided.

Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings.

First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …

The Obama Effect: Understanding Emerging Meanings Of "Obama" In Anti-Discrimination Law, Angela Onwuachi-Willig, Mario Barnes

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

Re-Thinking Illegal Entry And Re-Entry, Doug Keller

Loyola University Chicago Law Journal

This Article traces the history of two federal immigration crimes that have long supplemented the civil immigration system and now make up nearly half of all federal prosecutions: illegal entry and illegal re-entry. Little has been previously written about the historical lineage of either crime, despite the supporting role each has played in enforcing the nation’s civil immigration laws, particularly along the U.S.-Mexico border. This Article takes a critical look at the enforcement of each crime—-from when they were initially conceived of as a way to deter illegal immigration, then as a way to target dangerous aliens, and most recently …

Woman Abuse: Screening, Identification And Initial Response, Registered Nurses' Association Of Ontario

General Submissions: Community and Population-based Materials

The overall purpose of this guideline is to facilitate routine universal screening for woman abuse by nurses in all practice settings. The intended outcome is increased opportunity for disclosure, which will promote health, well-being, and safety for women. Using evidence-based approaches and recommendations, this guideline offers nurses a repertoire of strategies that can be adapted to various practice environments.

The University Of Texas Of The Permian Basin Fall 2012 Course Schedule, The University Of Texas Of The Permian Basin

Course Schedules

No abstract provided.

Certifiable: Certificates Of Appealability, Habeas Corpus, And The Perils Of Self-Judging, Jonah J. Horwitz

Roger Williams University Law Review

No abstract provided.

Treatment Compliance And Recidivism: Following Up On The 2000 Illinois Juvenile Probation Outcome Study, Connor Concannon

Master's Theses

This study examines the relationship between demographics, treatment completion, and recidivism in a cohort of Illinois juveniles discharged from probation. The current study expands on prior research through the examination of recidivism both while on supervision as well as ten years after discharge. Results indicate that while treatment completion is predictive of on-probation arrests, other factors appear to be stronger predictors of post-probation recidivism.

The analyses also provide a baseline to examine the impact of the conditions of probation prior to the implementation of substantive reforms to probation practices in Illinois in the late 1990s and early 2000s. Thus, the …

Illinois Mental Health Courts: Intra-Group Dynamics In The Courtroom Work Group, Shanti J. Raman

Master's Theses

This study was intended to gain insight into key social psychological constructs in an unexplored work-group context: one premised on true team structure. Exploratory information on intra-group dynamics in Illinois mental health courts addressed levels of trust, communication, coordination, efficacy, and conflict resolution within mental health court teams.

A survey assessed how court group members associate these central variables with their teams. All reported relatively high levels of trust and team efficacy, and solid capacities for communication, coordination, and conflict resolution. No notable differences emerged in these variables relative to length of courts' operation. Team members from multiple disciplines held …

Bridging The Great Divide—A Response To Linda Greenhouse And Reva B. Siegel's "Before (And After) Roe V. Wade: New Questions About Backlash", Lolita Buckner Inniss

Law Faculty Articles and Essays

This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into the …

Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan

Georgetown Law Faculty Publications and Other Works

A significant and growing portion of the United States population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes. …

Fatherhood And Equality: Reconfiguring Masculinities, Nancy E. Dowd

UF Law Faculty Publications

In this article, Professor Dowd sets out the asymmetric pattern of men’s caretaking as compared to women’s caretaking, and raises the issue of why greater equality has not been achieved in care as women’s participation in the workforce has increased. She argues that not only is this linked to the lack of institutional and structural supports for parenthood, which leads to gendered outcomes in who does care, but in addition, and perhaps most importantly, the barrier to care is cultural, linked to masculinities norms. Dowd sets out the barriers to care linked to masculinities and suggests a further analysis linked …