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2012

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Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure, Kirsten Schimpff Jan 2012

Rule 3.8, The Jencks Act, And How The Aba Created A Conflict Between Ethics And The Law On Prosecutorial Disclosure, Kirsten Schimpff

Faculty Articles

No abstract provided.

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The Inquisitorial Advantage In Removal Proceedings, Won Kidane Jan 2012

The Inquisitorial Advantage In Removal Proceedings, Won Kidane

Faculty Articles

This article takes a radically different and unique approach to improving due process in removal/deportation proceedings. It argues that the existing adversarial system of adjudication, which is incontrovertibly inefficient, expensive and unfair, is a product of cultural imaginary. It demonstrates that if the current adversarial model is measured by contemporary utilitarian standards, it is utterly counterproductive. The article then recommends the adoption of the inquisitorial model of the civilian system by converting the majority of the 951 government lawyers, who now serve as the non-citizens’ adversaries, into administrative law judges. Through a comparative analysis of the common law and civil …

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Detention Debates, Deborah N. Pearlstein Jan 2012

Detention Debates, Deborah N. Pearlstein

Michigan Law Review

Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …

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The New Kinship, Naomi R. Cahn Jan 2012

The New Kinship, Naomi R. Cahn

GW Law Faculty Publications & Other Works

Over the past century, the Supreme Court has articulated numerous doctrines that protect family privacy. These doctrines are not, however, well-suited to the brave new world of families formed through donor eggs, sperm, and embryos. As the number of donor-conceived children born to same-sex and heterosexual couples and to single parents increases, and as these families develop connections to one another, the law has not yet adjusted. This Article provides an extensive mapping of these “donor-conceived family communities,” and it reaches two major conclusions that support the development of these new families. First, relational interests, the traditional focus in family …

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Beginning Testimony With An Overview Witness, Stephen A. Saltzburg Jan 2012

Beginning Testimony With An Overview Witness, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines United States v. Moore, 651 F.3d 30 (D.C. Cir. 2011) to illustrate how a court dealt with the prosecutor's use of a summary, or introductory, witness to set forth an overview or outline of a case.

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One Person's Statement To Prove Another's Actions, Stephen A. Saltzburg Jan 2012

One Person's Statement To Prove Another's Actions, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines State v. McLaughlin, 14 A.3d 720 (N.J. 2011) to illustrate the importance of the hearsay rule to resolving the admissibility issue of a declarant's statement of an intention to do a future act to prove the acts of another person.

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An Addendum To Cox And Posner: A Visa To 'Snitch', Eleanor Marie Brown Jan 2012

An Addendum To Cox And Posner: A Visa To 'Snitch', Eleanor Marie Brown

GW Law Faculty Publications & Other Works

Cox and Posner’s landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening educational elites. This Essay is an attempt to remedy Cox and Posner’s omission. Why is this oversight so problematic? In the post-9/11 world, U.S. immigration policy currently finds itself on the horns of a dilemma. While immigrant educational elites are critical to U.S. economic growth, terrorist networks have stepped …

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Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck Jan 2012

Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck

GW Law Faculty Publications & Other Works

Modern Military Justice: Cases and Materials (2012) is a textbook written by Professor Gregory E. Maggs and Associate Dean Lisa Schenck (both of the George Washington University Law School) and published by West (ISBN-13: 9780314268037).

This new textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. Materials from every service within the Armed Forces show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses, such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses …

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Black American Intergenerational Perspectives On Education, Black Identity And Whiteness: A Socio-Cultural And Historical Analysis, Denise G. Yull Jan 2012

Black American Intergenerational Perspectives On Education, Black Identity And Whiteness: A Socio-Cultural And Historical Analysis, Denise G. Yull

Graduate Dissertations and Theses

The aims of this study are to explore the socio-cultural contexts and experiences of Black Americans and their perspectives on the quality and value of education in their lives and to better understand how the socio-historical idea that Blacks are inferior has influenced the perception and disenfranchisement of Black youth in the U.S. educational system. This dissertation presents a qualitative study, incorporating historical documents and oral history interviews to collect first person accounts of the educational experiences of 53 Black people reflecting 4 different generations. The study found differences in the salience of race/racism in schools for individuals based on …

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Delineating Interpersonal Communication Networks: A Study Of The Diffusion Of An Intervention Among Female Entertainment Workers In Shanghai, China, Yiyun Chen, Carl Latkin, David D. Celentano, Xiushi Yang, Xiaoming Li, Guomei Xia Jan 2012

Delineating Interpersonal Communication Networks: A Study Of The Diffusion Of An Intervention Among Female Entertainment Workers In Shanghai, China, Yiyun Chen, Carl Latkin, David D. Celentano, Xiushi Yang, Xiaoming Li, Guomei Xia

Sociology & Criminal Justice Faculty Publications

Diffusion of innovation (DOI) is widely cited in the HIV behavior change literature; however there is a dearth of research on the application of DOI in interventions for sex workers. Following a randomized-controlled trial of HIV risk reduction among female entertainment workers (FEWs) in Shanghai, China, we used qualitative approaches to delineate potential interpersonal communication networks and contributing factors that promote diffusion of information in entertainment venues. Results showed that top-down communication networks from the venue owners to the FEWs were efficient for diffusion of information. Mammies/madams, who act as intermediaries between FEWs and clients form an essential part of …

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Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck Jan 2012

Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck

GW Law Faculty Publications & Other Works

This new textbook (ISBN-13: 978-0314268037) comprehensively covers the modern military justice system under the Uniform Code of Military Justice. Materials from every service within the Armed Forces show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses, such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses and defenses; pretrial, trial, and appellate procedures; the role of judge advocates; nonjudicial punishment and other alternatives to courts-martial; special forums, such as boards of inquiry and military commissions for trying enemy belligerents; …

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Policing School Discipline, Catherine Y. Kim Jan 2012

Policing School Discipline, Catherine Y. Kim

Faculty Publications

No abstract provided.

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Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman Jan 2012

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

Faculty Publications

No abstract provided.

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Improving Entry-Level Federal Law Enforcement Training, Jessica Deaton Jan 2012

Improving Entry-Level Federal Law Enforcement Training, Jessica Deaton

Research Papers

No abstract provided.

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Syringe And Needle Exchange Programs: A Valuable Harm Reduction Technique In The Battle Against Injection Drug Use, Stephanie M. Woods Jan 2012

Syringe And Needle Exchange Programs: A Valuable Harm Reduction Technique In The Battle Against Injection Drug Use, Stephanie M. Woods

Research Papers

In the last two decades there has been a growing interest surrounding the topic of clean needle exchange programs, the effects they have on injection drug users, their effectiveness in the prevention and spreading of HIV, AIDS and other blood borne pathogens, the cost surrounding the operation of NEPs and SEPs, and their beneficialness on society as a whole. The objective of this research paper is to examine all the aforementioned facets as well as other benefits that stem from NEPs and SEPs. Since injection drug use is driving HIV epidemics in many countries and accounts for almost a third …

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Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher Jan 2012

Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Rethinking The Neighborhood Watch: How Lessons From The Nigerian Village Can Creatively Empower The Community To Assist Poor, Single Mothers In America, Dehlia Umunna Jan 2012

Rethinking The Neighborhood Watch: How Lessons From The Nigerian Village Can Creatively Empower The Community To Assist Poor, Single Mothers In America, Dehlia Umunna

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Judicial Developments In The Application Of International Law To Domestic Violence, Benedetta Faedi Duramy Jan 2012

Judicial Developments In The Application Of International Law To Domestic Violence, Benedetta Faedi Duramy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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A Case Study Of The Identity Development Of An Adolescent Male With Emotional Disturbance And 48, Xyyy Karyotype In An Institutional Setting, John L. Rausch Jan 2012

A Case Study Of The Identity Development Of An Adolescent Male With Emotional Disturbance And 48, Xyyy Karyotype In An Institutional Setting, John L. Rausch

The Qualitative Report

The goal of this study was to utilize a phenomenological case study design to investigate the individual and social identity development of an adolescent male who had been placed in a high-security group home setting. The participant had been identified with emotional disturbance (ED), and 48, XYYY karyotype. The participant described his social and emotional development as being impacted by his environment, his level of personal control, and his view of the future.

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Domestic Violence Advocacy In The Rural Context And Discourses Of Gender And Sexuality Related To Domestic Violence Victims And Perpetrators, Sarah Pitcher Jan 2012

Domestic Violence Advocacy In The Rural Context And Discourses Of Gender And Sexuality Related To Domestic Violence Victims And Perpetrators, Sarah Pitcher

Research Papers

This project explores domestic violence advocacy in a rural setting, using a critical feminist-informed social constructionist approach. Analysis considers how the rural context specifically affects advocacy work, victims’ experiences, and perceptions of domestic violence victims and ultimately aims to give voice to the experiences of advocates and domestic violence victims located within the cultural and social context of a rural area. Analysis also focuses on discourses that arise within the interviews related to gender and sexuality, most often surrounding the victims but also related to abusers. Results indicate that the rural context affects advocacy and the experiences of domestic violence …

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Not Guilty As Charged: The Myth Of Mens Rea For Defendants With Mental Retardation, Elizabeth Nevins-Saunders Jan 2012

Not Guilty As Charged: The Myth Of Mens Rea For Defendants With Mental Retardation, Elizabeth Nevins-Saunders

Hofstra Law Faculty Scholarship

The notion that mens rea is an indicia of culpability runs deep in the American criminal law psyche. For most defendants, a finding that they had the requisite legal intent may be all we need to know to pronounce them morally culpable. This is because most defendants – those of average intelligence – enjoy a level of socialization, rationality, and agency sufficient to be aware of social norms, make a choice to violate them or not, and to control their own impulses in doing so. But for defendants with mental retardation, the state-of-mind element fails to accurately signify a “guilty …

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Reasonable Copyright, Irina D. Manta Jan 2012

Reasonable Copyright, Irina D. Manta

Hofstra Law Faculty Scholarship

Using the lens of the cognitive bias literature, this Article examines and critiques the "reasonable man" standard, focusing on the use of the standard in an extremely fuzzy area of the law: copyright. In copyright, the test for infringement is whether a "reasonable observer" would believe that two works-often involving media that do not lend themselves to precise measurement-are substantially similar. I begin by casting doubt on the usefulness of the reasonable man standard in such a setting. Are judges and juries truly able to determine what an abstract reasonable actor would find substantially similar? What types of cognitive biases …

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Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer Jan 2012

Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer

Other Publications

This report is about 873 exonerations in the United States, from January 1989 through February 2012. Behind each is a story, and almost all are tragedies. The tragedies are not limited to the exonerated defendants themselves, or to their families and friends. In most cases they were convicted of vicious crimes in which other innocent victims were killed or brutalized. Many of the victims who survived were traumatized all over again, years later, when they learned that the criminal who had attacked them had not been caught and punished after all, and that they themselves may have played a role …

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Intentional Discrimination In Farrakhan V. Gregoire: The Ninth Circuit's Voting Rights Act Standard "Results In" The New Jim Crow, Jonathan Sgro Jan 2012

Intentional Discrimination In Farrakhan V. Gregoire: The Ninth Circuit's Voting Rights Act Standard "Results In" The New Jim Crow, Jonathan Sgro

Villanova Law Review (1956 - )

No abstract provided.

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Necessity Defense To Felon-In-Possession Charges: The Third Circuit Justifies A Federal Justification Defense In Virgin Islands V. Lewis, Kathryn Maza Jan 2012

Necessity Defense To Felon-In-Possession Charges: The Third Circuit Justifies A Federal Justification Defense In Virgin Islands V. Lewis, Kathryn Maza

Villanova Law Review (1956 - )

The article presents information on the conceptions of morality and justice and the maximization of social welfare. The defense of necessity, its common law justification and the recognition of federal justification defense are discussed. The decisions made by the Third Circuit of the U.S. Court of Appeals in the trial of Virgin Islands v. Lewis, the judicial duty and the justification doctrine are also discussed.

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Empty Protection And Meaningless Review—The Need To Reform California's Stagnant Capital Clemency System, Brittney Cunningham Jan 2012

Empty Protection And Meaningless Review—The Need To Reform California's Stagnant Capital Clemency System, Brittney Cunningham

Loyola of Los Angeles Law Review

This Note examines California’s stagnant capital clemency system and its ability to properly function as a fail safe against miscarriages of justice. Finding that the state’s clemency system lacks transparency, appears arbitrary, and is strained by political pressure, this Note argues that California’s system of wide discretion fails to provide a meaningful review of clemency petitions. To restore clemency’s failsafe function, this Note urges California to create a clemency board and provide procedural guidelines for the board to follow when addressing petitions. This Note asserts that by enacting these reforms, California will invigorate its stagnant clemency system and ensure that …

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Confronting Forensics: Bullcoming V. New Mexico And The Sixth Amendment, Megan Weisgerber Jan 2012

Confronting Forensics: Bullcoming V. New Mexico And The Sixth Amendment, Megan Weisgerber

Loyola of Los Angeles Law Review

The U.S. Supreme Court’s 2004 Crawford v. Washington decision drastically altered the long-standing Confrontation Clause jurisprudence, refocusing the constitutional inquiry on the testimonial nature of a witness’s statement but leaving for another day any effort to spell out a comprehensive definition of the term “testimonial.” Thus began the current line of Confrontation Clause cases, each of which sought to clarify the Sixth Amendment’s confrontation protections but arguably clouded any clarity that the case before it brought. In 2009, the Court decided Melendez-Diaz v. Massachusetts, in which it held that a forensic laboratory report prepared for a criminal trial is …

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The Global Impact And Implementation Of Human Rights Norms: Introduction, Linda Carter Jan 2012

The Global Impact And Implementation Of Human Rights Norms: Introduction, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

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The Sacrifice Of Unarmed Prisoners To Gladiators: The Post-Aedpa Access-To-The-Courts Demand For A Constitutional Right To Counsel In Federal Habeas Corpus, Emily Garcia Uhrig Jan 2012

The Sacrifice Of Unarmed Prisoners To Gladiators: The Post-Aedpa Access-To-The-Courts Demand For A Constitutional Right To Counsel In Federal Habeas Corpus, Emily Garcia Uhrig

McGeorge School of Law Scholarly Articles

No abstract provided.

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Terrorism Law Report, 2012 Winter, St. Mary's University School Of Law Center For Terrorism Law Jan 2012

Terrorism Law Report, 2012 Winter, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

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