Digital Commons Network^™

Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan

Faculty Scholarship

Immigration and crime have received much popular and political attention in the past decade, and have been a focus of episodic social attention for much of the history of the U.S. Recent policy and legal discourse suggests that the stigmatic link between immigrants and crime has endured, even in the face of evidence to the contrary. This study addresses the relationship between immigration and crime in urban settings, focusing on areal units where immigrants tend to cluster spatially as well as socially. We ask whether immigration creates risks or benefits for neighborhoods in terms of lower crime rates. The question …

Tough On Crime (On The State's Dime): How Violent Crime Does Not Drive California Counties' Incarceration Rates - And Why It Should, W. David Ball

Faculty Publications

California’s prisons are dangerously and unconstitutionally overcrowded; as a result of the Supreme Court’s recent decision in Plata v. Schwarzenegger, the state must act to reduce its prison population or face court-ordered prisoner releases. The state’s plans to reduce overcrowding are centered around what it calls criminal justice “realignment”, whereby California will send a portion of the state prison population to county facilities. The plan faces opposition from county officials, who see it as pushing the state’s problem on to the counties.

But what if state prison overcrowding is really a county problem? I argue that state prison overcrowding is …

Legislating Human Rights: The Case For Federal Legislation To Facilitate Domestic Judicial Application Of International Human Rights Treaties, David Sloss

Faculty Publications

In scholarly discourse about rights, it is often assumed that democracy is bad for rights. Rights protect individuals. Democratically enacted laws reflect the will of the majority. The “tyranny of the majority,” as John Stuart Mill warned long ago, threatens the rights of individuals.

It is not necessarily so. There are important examples in recent US history where majoritarian democracy produced legislation strengthening protection for individual rights. The Civil Rights Act of 1964, the Voting Rights Act of 1965,the Americans with Disabilities Act of 1990, and the Religious Freedom Restoration Act of 1993 are just a few examples of rights-enhancing …

The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang

Faculty Scholarship

This Article examines the institutional motivations that underlie several major developments in the Supreme People's Court of China's recent policy-making. Since 2007, the SPC has sent off a collection of policy signals that escapes sweeping ideological labeling: it has publically embraced a populist view of legal reform by encouraging the use of mediation in dispute resolution and popular participation in judicial policy-making, while continuing to advocate legal professionalization as a long-term policy objective. It has also eagerly attempted to enhance its own institutional competence by promoting judicial efficiency, simplifying key areas of civil law, and expanding its control over lower …

Trial And Error: Learning From Patterns Of Mistakes, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Eyewitnesses And Exclusion, Brandon L. Garrett

Faculty Scholarship

The dramatic moment when an eyewitness takes the stand and points to the defendant in the courtroom can be pivotal in a criminal trial. That piece of theater, however compelling to jurors, is staged: it is obvious where the defendant is sitting, and, importantly, the memory of the eyewitness should have been tested before trial using photo arrays or lineups. Such courtroom displays have been accepted for so long that their role in the U.S. Supreme Court’s due process jurisprudence regulating eyewitness identifications has been neglected. The due process test that regulates tens of thousands of eyewitness identifications each year …

Judges And Wrongful Convictions, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Is Now The Time For Major Federal Sentencing Reform?, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Getting Past Legal Analysis… Or How I Learned To Stop Worrying And Love Teaching Rape, Michelle Oberman

Faculty Publications

Long after the rape chapter was over, when we had moved on to inchoate crimes and cases involving "call girls" and conniving defendants who took messages for them in an era before voicemail - protagonists with whom my students, it seemed safe to wager, were unacquainted - the thoughtful young man from the third row stopped in to ask, "What was the take away from the classes on rape?" My hope is that, in explaining my approach to teaching rape, I will also address the deeper themes afoot in contemporary critiques of legal education: whether and how law schools are …

Incriminating Thoughts, Nita A. Farahany

Faculty Scholarship

The neuroscience revolution poses profound challenges to current selfincrimination doctrine and exposes a deep conceptual confusion at the heart of the doctrine. In Schmerber v. California, the Court held that under the Self- Incrimination Clause of the Fifth Amendment, no person shall be compelled to “prove a charge [from] his own mouth,” but a person may be compelled to provide real or physical evidence. This testimonial/physical dichotomy has failed to achieve its intended simplifying purpose. For nearly fifty years scholars and practitioners have lamented its impracticability and its inconsistency with the underlying purpose of the privilege. This Article seeks to …

Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman

Faculty Scholarship

No abstract provided.

The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar

Faculty Scholarship

No abstract provided.

Graduate And Undergraduate Catalog, 2012-2013, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2012-2013 academic year.

Discovere, 2012-2013, Vol. 3, No. 1, Eastern Washington University. Academic Affairs

EWU Research Magazines

This issue contains articles on EWU professor helping determine how to keep U.S. Army soldier's mind as fit as their bodies, Jeni McNeal teaches exercise science at EWU and applies it to train some of the best athletes in the world, Eastern chemistry professor and students work to discover next lifesaving antibiotic, EWU's physical Therapy program helps to provide some relief to grocery store workers and help prevent injuries

Reflections On The Atrophying Pardon Power, Paul Rosenzweig

Journal of Criminal Law and Criminology

No abstract provided.

Overcriminalizing Immigration, Jennifer M. Chacón

Journal of Criminal Law and Criminology

No abstract provided.

Reconsidering The Mistake Of Law Defense, Edwin Meese Iii, Paul J. Larkin, Jr.

Journal of Criminal Law and Criminology

No abstract provided.

Christianity's Mixed Contributions To Children's Rights: Traditional Teachings, Modern Doubts, John Witte Jr.

Emory Law Journal

(CRC) is a landmark in the modern international protection of children's rights. Adopted by the United Nations General Assembly in 1989, its fifty-four articles and two Optional Protocols set out a lengthy catalogue of rights for children. The CRC bans all discrimination against children, including on grounds of their birth status. It provides children with rights to life; to a name, a social identity, and the care and nurture of both parents; to education, health care, recreation, rest, and play; to freedom of association, expression, thought, conscience, and religion; and to freedom from neglect or negligent treatment, from physical and …

The Influence Of International Human Trafficking On United States Prostitution Laws: The Case Of Expungement Laws, Carrie N. Baker

Study of Women, Gender, & Sexuality: Faculty Publications

When the issue of human trafficking first gained widespread public attention in the United States in the 1990s, the discussion centered on international human trafficking. In 2000, the United States passed an anti-trafficking law, popularly called the Trafficking Victims Protection Act (TVPA), and the United Nations adopted an anti-trafficking treaty called the Palermo Protocol. Both the TVPA and the Palermo Protocol focused on combating international human trafficking by encouraging countries around the world to pass laws against trafficking and prosecute traffickers. Meanwhile, in the United States, state-level criminal justice systems treated United States citizens qualifying under the federal definition of …

Hacking For Lulzi: Employing Expert Hackers To Combat Cyber Terrorism, Swathi Padmanabhan

Vanderbilt Journal of Entertainment & Technology Law

Because hacking collectives Anonymous and LulzSec have routinely breached supposedly secure computer networks--including Visa, MasterCard, and the Central Intelligence Agency--the threat of cyber terrorism has become more prominent. Many US industries and companies depend on online communication and information storage. If terrorists compromise these capabilities, they could cripple the US economy and perhaps even cause widespread fatalities. Members of Anonymous and LulzSec lack the necessary intent to be prosecuted as cyber terrorists because they hack not to cause fear, but rather to create laughter. Their method of posting all necessary instructions and information regarding intended targets on online message boards …

Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor

Cornell Law Faculty Publications

"Lennie" refers to Lennie Small, the intellectually disabled character in John Steinbeck's famous novella Of Mice and Men, which tells the story of two Depression-era wandering farmhands, George and Lennie, who dream of getting their own stake and living "off the fat of the land." Their dream dies hard when Lennie accidently kills the young, beautiful, and flirtatious wife of a ranch owner's son and then tries to cover it up because he realizes that he has "done a bad thing." George, in turn, kills Lennie to prevent him from being lynched or tried for murder.

Lennie was doomed …

Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …

Street Cred Deconstruct And Reconstruct: Reexamining Bias In The Legal System: Searching For New Approaches: Papers Presented At The 2012 Annual Meeting Of The Association Of American Law Schools: Essay, Montre D. Carodine

Essays, Reviews, and Shorter Works

No abstract provided.

The Role Of Emotional Expression On Person Identity Recognition, Kristen Paris

Electronic Theses and Dissertations

Facial information concerning person identity and emotional expression is vital to human social interaction, and therefore, we find it beneficial to remember the faces we see. Little is known, however, about whether emotional expressions facilitate or inhibit recognition for person identity. The present studies examined the role of emotional expression on person identity recognition by manipulating whether such information was presented at encoding (i.e., initial perception of the actor) or at recognition (i.e., later memory for the actor). In Experiment 1, participants recognized more actors displaying an angry rather than a happy expression, when they initially saw actors display a …

The Limits Of International Law: Efforts To Enforce Rulings Of The International Court Of Justice In U.S. Death Penalty Cases, Sandra L. Babcock

Cornell Law Faculty Publications

Since the Supreme Court reinstated the death penalty in 1976, the United States has executed twenty-eight foreign nationals from fifteen different countries. Most of those foreign nationals were never informed of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations, a treaty the United States ratified in 1969. Violations of Article 36 in capital cases have caused consternation in foreign capitals and endless litigation in domestic courts and international tribunals. Mexico, which has the largest number of foreign nationals on death row, established the Mexican Capital Legal Assistance Program in 2000 to …

A Qualitative Study Of Recovery-Oriented Services In Inpatient Forensic Settings, Deanna Pecora Mellie

PCOM Psychology Dissertations

Recovery principles are currently guiding the transformation of mental health practice and policy in the United States (Anthony, 2000; Davidson et al., 2005; Davidson et al., 2006; Ralph & Corrigan, 2007). Although principles of recovery have become the focus of mental health care reform, they have just begun to enter the forensic system (Hillbrand & Young, 2008). This is important because the forensic state hospital population has experienced a significant growth, reportedly approximating 50 % of all beds in given states, while the general civil state hospital population continues to decline (Salzer et al., 2006). Furthermore, Hillbrand and Young (2008) …

Privilege Objections To Grand Jury Subpoenas For Documents, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

Two common privilege claims in limiting grand juries' evidence requests are attorney-client and self-incrimination. This article examines In re Grand Jury Subpoena (Mr. S.), 662 F.3d 65 (1st Cir. 2011) to illustrate the issue of both privileges in a case.

Cross-Examining The Defendant About Other Witnesses, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines United States v. Schmitz, 634 F.3d 1247 (11th Cir. 2011) to illustrate how a court addressed the fairness of singling out the testifying defendant for cross-examination about his/her belief that the government's witnesses are lying or not.

Soc/Crm 2761 : Introduction To Criminology, Sociology And Anthropology

Approved Course Proposals

No abstract provided.

Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan

GW Law Faculty Publications & Other Works

Once the nation commits to engage in heavy, sustained military action abroad, particularly including the deployment of ground forces, political support is scrupulously observed and dissected. One of the most graphic factors influencing that support is the number of military soldiers who have made the ultimate sacrifice on the nation’s behalf. In the modern era, most studies suggest that the public considers the potential and actual casualties in U.S. wars to be an important factor, and an inverse relationship exists between the number of military deaths and public support. Economists have dubbed this the "casualty sensitivity" effect.

This article asserts …