Digital Commons Network^™

Guantanamo Bay And The Conflict Of Ethical Lawyering, Dana Carver Boehm

Dickinson Law Review (1908-2003)

The Guantanamo Bay military commissions have been the subject of intense national and international debate since they were announced months after the September 1 lth attacks. This important debate largely has focused on the perennial tension between liberty and security on the one hand and the somewhat technical legal questions regarding the constitutionality of prescribed procedures on the other. As significant as these issues are, the discussion generally has ignored an element of the military commissions that profoundly shapes how national security, civil liberties, and the experience of criminal justice actually occurs: the way that lawyers charged with prosecuting and …

Shadow Citizens: Felony Disenfranchisement And The Criminalization Of Debt, Ann Cammett

Dickinson Law Review (1908-2003)

The disenfranchisement of felons has long been challenged as antidemocratic and disproportionately harmful to communities of color. Critiques of this practice have led to the gradual liberalization of state laws that expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons face an increasingly difficult path to regaining the franchise. This article argues that, for ex-felons in particular, criminal justice debt can serve as an insurmountable obstacle to the resumption of voting rights and broader participation in society. This article uses the term "carceral debt" to identify criminal justice penalties levied on prisoners, "user fees" …

A Holey Cause: Sharia As A Cultural Defense, Raman Singh

Dickinson Law Review (1908-2003)

States have the power to ban cultural defenses under the police powers doctrine. However, any attempt to ban the use of Sharia as a cultural defense presents a serious problem. Because Sharia is a religious doctrine, any statute regulating Sharia must survive scrutiny under the religion clauses of the First Amendment. As a result of Supreme Court precedent, states are only permitted to ban the use of Sharia as a cultural defense if the statute is neutral and of general applicability. This Comment analyzes Awad v. Ziriax, in which the United States District Court for the Western District of Oklahoma …

Lynx Tale, October 2012, Lindenwood University

Lynx Tale

The Lynx Tale was a Lindenwood University-Belleville student centered newspaper that informed students on upcoming events and news on campus.

My Professor Is Hot! Correlates Of Ratemyprofessors.Com Ratings For Criminal Justice And Criminology Faculty Members, Richard R. Johnson, Angela D. Crews

Criminal Justice Faculty Research

RateMyProfessors.com” ratings of the easiness, helpfulness, clarity, overall quality, and “hotness” of 407 criminal justice and criminology faculty members from across the United States were collected. Data were analyzed to determine what faculty characteristics determined these ratings. Experience working in the criminal justice field predicted higher ratings, while years of teaching experience was predictive of lower ratings. After controlling for instructors easiness and “hotness” ratings, the instructors’ ascribed characteristics (such as race and sex) explained the greatest proportion of variance in clarity, helpfulness, and overall quality scores. Professional characteristics, such as years of experience, publication rate, and possession of a …

There's No Place Like Home: Realizing The Vision Of Community-Based Mental Health Treatment For Children, Yael Cannon

Faculty Scholarship

On the heels of the recession, the recent U.S. Census data reveals that the percentage of children living in poverty in the United States has grown to almost a quarter. Because children from low-income families are more likely to be exposed to high levels of stress, violence, abuse, overcrowding and other risk factors, they are far more likely to develop a mental health disorder--and to have their mental health needs go unmet. Rather than receive the necessary educational and mental health services, these children are often suspended and expelled, funneled through the school-to-prison pipeline' into the juvenile and criminal justice …

Celebrating Faculty Scholarship: Bibliography - 2011, University Libraries

University Libraries: Faculty Publications and Other Works

A bibliography of faculty publications submitted for inclusion in the fourth annual 'Celebrating Faculty Scholarship' event sponsored by Loyola University Libraries. The event, which took place on October 24, 2012 in the Richard J. Klarchek Information Commons on the university's Lake Shore Campus, featured articles, books, creative works, and other materials authored by Loyola University Chicago faculty in 2011.

Ssrc Annual Report 2012, Sydney Hall, Laura R. Walton, Candace Barnette, Kelli Conrad, Tracy Frazier, Alle Smith, Faith Spann

SSRC Annual Reports

The SSRC was established in 1950 and enjoys a long and storied history of research accomplishments. The impact of our research has had on the state, the nation and the world is evident in the success of our organization, which has ultimately been driven by the desire and dedication of our employees. Although an organization's annual report provides a venue to applaud the hard work and dedication of its employees for its success during the previous year, this particular report also celebrates our accomplished past and acknowledges significant historical milestones celebrated this year.

Fall 2012, University Of North Dakota Alumni Association

ALL: UND Alumni Review Master List

Fall 2012 issue of "The University of North Dakota Alumni Review." 60 pages

Volume 95, Number 3

Pimps, Johns, And Juvenile Prostitutes: Is New York Doing Enough To Combat The Commercial Sexual Exploitation Of Children, Marihug Cedeno

Cornell Journal of Law and Public Policy

No abstract provided.

Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan

Scholarly Publications

Despite their many differences, Americans have long been bound by a shared sense of constitutional commonality. Federal constitutional rights, however, can and do often vary based on geographic location, and a chief source of this variation stems from an unexpected origin: the nation's federal circuit courts of appeals. While a rich literature exists on federal circuit splits in general, this Article provides the first empirical study of federal constitutional law circuit splits. Focusing on Fourth Amendment doctrine in particular, the Article highlights the existence of over three dozen current circuit splits, which result in the unequal allocation of liberty and …

The Missing "P": Prosecution, Prevention, Protection, And Partnership In The Trafficking Victims Protection Act, Jennifer A.L. Sheldon-Sherman

Dickinson Law Review (1908-2003)

No abstract provided.

Clark Magazine, Fall 2012, Clark University

Clark Magazine

The Fall 2012 edition of Clark Magazine. Clark Magazine is a twice-yearly publication primarily geared towards Clark University Alumni.

The cover story is 'Padma Power: Entrepeneur, philanthropist, and the host of Top Chef, Padma Lakshi '92 has found the recipe for a sweet and savory life.'

Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker

University of Miami International and Comparative Law Review

No abstract provided.

Aafsa Newsletter, Araina Ore

African American Faculty and Staff Association (AAFSA)-Archive

The African American Faculty and Staff Association at the University of Texas at Arlington has a proud history of serving the entire University Community with a focus on providing a support network and host of resources for African and African American faculty, staff, and students. We also are committed to promoting academic excellence and mentoring for our African- American students.

International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg

Northwestern Journal of Human Rights

No abstract provided.

Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

I thoroughly enjoy every course in my teaching package, but the first-year Criminal Law course occupies a special place in my heart. The subject matter in the Criminal Law course is perhaps the most compelling of any offered in the first-year curriculum. As such, it provides Criminal Law instructors the tremendous opportunity to capture the imagination of students and to highlight the nexus between law in books and law in action.

2012 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Working for New Jobs, page 16

Faculty Briefs, page 18

Teaching Law Now, page 23

Alumni News & Advancement, Class Notes, page 34

Practicing Law Now, page 37

Studying Law Now, page 48

The White House … The Supreme Court … Guantanamo Bay, page 70

Looking Back, page 72

The Puzzling Non-Consequences Of Societal Distrust Of Courts: Explaining The Use Of Russian Courts, Kathryn Hendley

Cornell International Law Journal

Russians' lack of trust in courts as an institution has been repeatedly documented through public opinion polling. Yet the caseload data show a steady increase in the use of courts by both individuals and firms in Russia. But these data cannot explain why Russians choose to use the courts. The Article makes use of two publicly available datasets grounded in representative surveys of Russian citizens and firms to investigate this puzzle. The existing literature assumes that the lack of legitimacy of courts in Russia forestalls use. While confirming the societal disdain for courts, the analysis reveals that this attitude has …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 2, Fall 2012

Nebraska Transcript

Dean’s Message 2

Faculty Updates

Profile: Rob Denicola 4

Potuto Gives Chancellor’s Distinguished Lecture 6

Faculty Notes 8

Berger Receives Tenure 15

Schutz Granted Tenure 21

Shoemaker Joins Faculty 28

Stohs Opens Entrepreneurship Clinic 29

Thimmesch Joins Faculty 30

Feature: Client Counseling Competition Champions 31

Around the College

Bresel Experiences on Capitol Hill 38

Externships 39

Department of Defense Externship 42

Hilgers Joins Career Services 44

Big Ten Law Deans Meet at College 45

Karlan Delivers Lane Lecture 46

Laurin Lectures on Roberts Court 48

Admissions Report 50

Baughman Joins Admissions Office 52

Student Accolades 53

Students Volunteer at Voices …

Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick

Northwestern Journal of Human Rights

No abstract provided.

Pro Bono Newsletter, University Of Michigan Law School

Newsletters

Fall 2012 issue of the University of Michigan Law School Pro Bono Program's newsletter.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Michigan Access Program: revamped and revived; European reunion 2012; Bickner, Kearse, and White named distinguished alumni for 2012; exoneree adjusting to life outside the walls; II-Won Kang, LLM '93, appointed to Korea's Constitutional Court; dean search begins; Sereno, LLM '93, named chief justice of Supreme Court of the Philippines; lawyers club renovation progresses.

Assessing The Impact Of The Ultimate Penal Sanction On Homicide Survivors: A Two State Comparison, Marilyn Peterson Armour, Mark S. Umbreit

Marquette Law Review

Numerous studies have examined the psychological sequelae that result from the murder of a loved one. Except for the death penalty, however, sparse attention has been paid to the impact of the murderer’s sentence on homicide survivors’ well-being. Given the steadfastness of the public’s opinion that the death penalty brings satisfaction and closure to survivors, it is surprising that there has been no systematic inquiry directly with survivors about whether obtaining the ultimate punishment affects their healing. This Study used in-person interviews with a randomly selected sample of survivors from four time periods to examine the totality of the ultimate …

Evaluating The Role Of Latinidad And The Latino Threat In The State Of Missouri, Joel Jennings, J.S. Onésimo Sandoval

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Growing Latino populations in midwestern cities of the United States are leading to the creation of contested ethnic spaces and urban landscapes. In this article we examine the historical, demographic, and social contexts associated with a growing sense of Latinidad and the countervailing Latino threat narrative in Kansas City and St. Louis, the two largest metropolitan areas in Missouri. Latinidad, or a notion of belonging based on ethnic identity in Missouri, is being challenged by nativist discourses that frame the growing Latino population as a threat. We highlight the different historical trajectories and geographical characteristics that have created distinct demographic …

Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler

All Faculty Scholarship

This Essay examines America's death penalty forty years after Furman and provides a critique of the Supreme Court's existing Eighth Amendment case law. Part I briefly summarizes how the Court, to date, has approached death sentences, while Part II highlights the incongruous manner in which the Cruel and Unusual Punishments Clause has been read. For instance, Justice Antonin Scalia-one of the Court's most vocal proponents of "originalism" conceded that corporal punishments such as handbranding and public flogging are no longer constitutionally permissible; yet, he (and the Court itself) continues to allow death sentences to be imposed. The American Bar Association …

Police Use Of Force: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

Our research led to 22 articles with information relevant to the subject of police use of force. The studies explored a variety of topics, ranging from media coverage of force to characteristics of deadly force encounters and many issues in between. The information presented below is a summary of the most significant and useful data gathered from these studies. The material has been divided into five categories: Definitions and Prevalence, Suspects (those who experience force), Officers (those who use force), Patterns of the practice, and Implications, which include best practices or prevention over abuse. The “Definitions and Prevalence” section provides …

The Legality Of Banning Online Gambling In South Africa: Is Online Gambling Not A Component Of Gambling?, Segoane Lawrence Monnye

UNLV Gaming Law Journal

In light of the potential income generating capability of online gambling and its perceivable threat to location based gambling, this Article examines the legality of banning online gambling despite the promulgation of the National Gambling Amendment Act, which is intended to legalize online gambling, and the constitutional implications of such ban. Part II examines the definition of gambling to argue that online gambling is a mere component of gambling. Part III provides the current legal framework governing gambling and its application to online gambling. Parts IV and V focus on the overall purpose of this Article, i.e. to scrutinize the …

“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison

Human Rights & Human Welfare

The United Nations Secretary-General's report on pillar three of the responsibility to protect (RtoP), "Responsibility to Protect: Timely and Decisive Response," is the most interesting, timely, and decisive of his four reports thus far on the RtoP. To start with, the subject matter of pillar three – the international community's potentially coercive responses to humanitarian crises, including humanitarian intervention – is the most controversial part of the RtoP doctrine and the area that has attracted the most criticism from skeptics. Previous reports, such as Implementing the Responsibility to Protect(2009), gave pillar three, and humanitarian intervention in particular, fairly short shrift, …

The Bush Administration And The Office Of Legal Counsel (Olc) Torture Memos: A Content Analysis Of The Response Of The Academic Legal Community, Arthur H. Garrison

Cardozo Public Law, Policy & Ethics Journal

The article critically examines the Office of Legal Counsel (OLC) torture memos authored by John Yoo and Jay Bybee in 2002, which were intended to justify interrogation techniques such as waterboarding post-9/11. These memos have been widely criticized for undermining human rights and international law, and for compromising the OLC's role in providing impartial legal advice. The memos' perceived advocacy for White House policies rather than objective analysis led to ethical breaches and procedural shortcomings, ultimately resulting in their withdrawal. The article emphasizes the crucial role of ethical standards and independence in legal institutions to prevent such abuses and maintain …