Digital Commons Network^™

Criminal Courts And Tribunals, Tracy French, Megan Wakefield, William Xu, Alli Assiter

Human Rights Brief

No abstract provided.

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.

A Chronic Problem: Pain Management Of Non-Cancer Pain In America, Sigrid Frey-Revere, Elizabeth K. Do

Journal of Health Care Law and Policy

No abstract provided.

The Continuing Duty Then And Now, David M. Siegel

Hofstra Law Review

The “new” recognition in the American Bar Association’s 2003 Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases of a continuing duty on the part of defense counsel to safeguard the interests of former clients by facilitating the work of successor counsel was essential to implementing post-conviction review of the effectiveness of their representation – but it was not unprecedented. Over a century before lawyers, often in capital cases, had been discharging just such a continuing duty to former clients and the article traces these historical antecedents. Making the duty in ABA Guideline 10.13 real, however, …

Rethinking The Legal Foundations Of The European Constitutional Order: The Lessons Of The New Historical Research, Francesca Bignami

American University International Law Review

No abstract provided.

Punishing Aggression As A Crime Against Humanity: A Noble But Inadequate Measure To Safeguard International Peace And Security, Chet Tan

American University International Law Review

No abstract provided.

A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen

Criminal Law Practitioner

No abstract provided.

Uv-Visible Microscope Spectrophotometric Polarization And Dichroism With Increased Discrimination Power In Forensic Analysis, Dale Kevin Purcell

All Open Access Legacy Dissertations and Capstone Projects

Microanalysis of transfer (Trace) evidence is the application of a microscope and microscopical techniques for the collection, observation, documentation, examination, identification, and discrimination of micrometer sized particles or domains. Microscope spectrophotometry is the union of microscopy and spectroscopy for microanalysis. Analytical microspectroscopy is the science of studying the emission, reflection, transmission, and absorption of electromagnetic radiation to determine the structure or chemical composition of microscopic-size materials. Microscope spectrophotometry instrument designs have evolved from monochromatic illumination which transmitted through the microscope and sample and then is detected by a photometer detector (photomultiplier tube) to systems in which broad-band (white light) illumination …

The Impact Of An Alcohol Deterrence Policy On College Students' Behavior, Matthew Douglas Defore

Electronic Theses and Dissertations

The university under study developed an alcohol control policy in 2006 in response to a string of tragic alcohol-related deaths. At the time of the study, the policy had been in operation for six years with a growing number of student sanctions. The purpose of this study was to evaluate the university's alcohol control policy to determine its deterrence impact on students. By surveying students who have been sanctioned under the alcohol control policy, the researcher sought to gain insight on the strengths and weaknesses of the policy as well as to use these responses as an opportunity to recommend …

How Many Is Any: Interpreting Sec. 2252a'S Unit Of Prosecution For Child Pornography Possession, Christina M. Copsey

American University Law Review

No abstract provided.

Gonzaga University Factbook 2013-14, Institutional Research, Gonzaga University

Institutional Research

The Gonzaga University Factbook contains information on student enrollments, demographic profiles, admissions statistics, majors, retention and graduation rates, degree completions, faculty information, and more. It is updated annually with the most current and commonly-needed information about Gonzaga University.

D.C. Dui Disturbia: The Intended Policy And Its Explosive Effects, Monika Mastellone

Criminal Law Practitioner

No abstract provided.

Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya

Criminal Law Practitioner

No abstract provided.

Kent Make-Up Their Minds: Juveniles, Mental Illness, And The Need For Continued Implementation Of Therapeutic Justice Within The Juvenile Justice And Criminal Justice Systems, Carmen M. Cusack

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Asian American Masculinity Eclipsed: A Legal And Historical Perspective Of Emasculation Through U.S. Immigration Practices, Michael Park

The Modern American

No abstract provided.

Aboriginal And Treaty Rights And Violence Against Women, John Borrows

Osgoode Hall Law Journal

Violence against Indigenous women is a crisis of national proportions. Unfortunately, Indigenous peoples have been prevented from arguing that Indigenous communities are a constitutional site of activity for dealing with such violence. This article suggests that Aboriginal and treaty rights under section 35 of the Constitution could play a significant role in ensuring that all levels of government are seized with the responsibility for dealing with violence against women. This article explores how section 35 could be reinterpreted in ways that place issues of gender and violence at the heart of its analysis.

Impact Of Race On Juvenile Forensic Assessment: Clinician Perceptions Of Adequate Test Norms, Nathan E. Cook

Open Access Dissertations

The psychological assessment of racial and ethnic minority groups is often substantially limited by the lack of adequate normative data for these groups. This study examined the impact that race has on forensic psychologists’ (N=145) diagnostic decision making as well as judgments of the quality of normative data. It was hypothesized that the forensic psychologists would accept lower quality normative data for African American youth compared to White youth. However, although the quality of the test norms influenced the dependent measures in the expected direction, no significant interaction was noted between norm quality and youth’s race. Participants judged the likelihood …

Positive Obligations And Criminal Justice: Duties To Protect Or Coerce?, Liora Lazarus

All Faculty Publications

This chapter explores the relationship between criminal law, criminal process and human rights from a slightly different perspective. It demonstrates that while human rights may well be used to limit the excesses of security and law and order politics, the nature of the relationship between human rights and criminal justice cannot be captured alone by the view of rights as a limit on the coercive reach of the criminal law and criminal justice institutions. Increasingly, human rights, cast as positive rights, have resulted in claims for the extension of the criminal law, the creation of preventative duties or ‘protective policing …

The Degrading Character Rule In American Criminal Trials, Paul S. Milich

Georgia Law Review

The rule prohibiting evidence of the accused's bad
character is steadily degrading as courts and legislatures
expand existing exceptions and add new ones. In Georgia,

we saw the rule almost disappear as trial courts blithely
admitted a defendant's past crimes to prove his or her
"bent of mind" to commit the crime charged. This Article
examines why the character rule is losing ground.
The thesis is that a rule requiring as much careful
balancing as the character rule needs a clear, strong
justification to hold its own when faced with competing
claims to admit the evidence in the search for …

Safe Haven No Longer: The Role Of Georgia Courts And Private Probation Companies In Sustaining A De Facto Debtors' Prison System, Sarah D. Bellacicco

Georgia Law Review

Georgia was specifically established as a colony for debtors-a haven where they could be safe from imprisonment. It is a haven no longer. Georgia courts are regularly imprisoning people for failing to pay debts, often through probation revocation of probationers who have failed to pay a fine or fee imposed as a condition of probation. Some of these probationers are on probation solely because they could not pay a fine on the day of sentencing, a practice which greatly increases the amount they owe due to the additional probation fees imposed. In Bearden v. Georgia, the Supreme Court held that …

Swedish Legislation Targeting Trafficking For Sexual Exploitation And The Possibilities For Implementation In Estonia, Jennifer E. Lyall

Graduate Theses, Dissertations, and Problem Reports (ETD)

Human trafficking is a human rights problem affecting all regions of the world. Various approaches have been utilized in attempts to eliminate the trade in human beings. In 1999, Sweden instituted a law to ban the purchase of sexual services, viewing prostitution as inherently violent and a contributing factor of human trafficking for sexual exploitation. This thesis determines that banning the purchase of sex is a legitimate and effective measure in combatting human trafficking for sexual exploitation. This thesis then discusses the Estonian sex industry and the possibilities for implementation of a similar sex purchase ban. Obstacles include Estonia's historical …

Report On Usa, Stephen C. Thaman

All Faculty Scholarship

This chapter in the book on transnational inquiries and the protection of fundamental rights in criminal proceedings takes into account the particular, and perhaps unique situation in the United States (US) following the terrorist attacks on 11 September 2001. It explores the laws regulating inquiries by foreign governments who seek evidence in the US to use in criminal proceedings overseas, but primarily the protections recognized by US statutes and jurisprudence when US officials gather evidence abroad. In this respect, the chapter focuses on protections during interrogations, searches, interceptions of confidential communications, and examinations of witnesses and explores when the protection …

Judicial Gatekeeping Of Suspect Evidence: Due Process And Evidentiary Rules In The Age Of Innocence, Keith A. Findley

Georgia Law Review

The growing number of wrongful convictions exposed
over the past two-and-a-half decades, and the research
that points to a few recurring types of flawed evidence in
those cases, raise questions about the effectiveness of the
rules of evidence and the constitutional admissibility
standards that are designed to guard against unreliable
evidence. Drawing on emerging empirical data, this
Article concludes that the system can and should be

adjusted to do a better job of guarding against undue
reliance on flawed evidence. The Article first considers the
role of reliability screening as a constitutional concern.
The wrongful convictions data identify what might …

Concerning Provisions That Improve The Reintegration Opportunities For Persons Involved In The Criminal Justice System, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

White Female Criminals In Civil War Richmond, 1860-1865, Frances Sisson

Honors Theses

This study tells the story of white female criminals and addresses the problem of the white female criminality and the resulting reaction of the patriarchal society in Richmond, Virginia during the Civil War, specifically the years 1861-1864. During the Civil War, white female criminality became a daily occurrence because of the wartime conditions in Richmond, such as inflation and overpopulation. Because of the established patriarchal society and the lack of emphasis on the women's rights movement in the South, the female involvement in crime during the war was extremely shocking to the male driven society. The judicial system struggled with …

Firearms And The Black Community: An Assessment Of The Modern Orthodoxy Commentary: Gun Control Policy And The Second Amendment, Nicholas J. Johnson

Connecticut Law Review

The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And when delta share cropper Hartman Turnbow, after a shootout with the Klan, said “I don’t figure I was being non-nonviolent, (yes non-nonviolent) I was just protecting my family”, he was invoking an evolved tradition that embraced self-defense and disdained political …

Domestic Violence In Indian Country: Improving The Federal Government's Response To This Grave Epidemic Note, Jeana Petillo

Connecticut Law Review

The pervasiveness of domestic violence against Native American women in Indian country is alarming. Pursuant to the doctrine of trust responsibility, the federal government has recently responded to the epidemic of domestic violence in Indian country by passing three pieces of legislation—18 U.S.C. § 117, the Tribal Law and Order Act of 2010, and the Violence Against Women Reauthorization Act of 2013. This Note discusses the shortcomings of these pieces of legislation and proposes two courses of action by which the federal government may improve its response to domestic violence in Indian country. First, this Note suggests that the federal …

Firearms Policy And The Black Community: Rejecting The Wouldn't You Want A Gun If Attacked Argument Commentary: Gun Control Policy And The Second Amendment: Responses, Andrew J. Mcclurg

Connecticut Law Review

The gun lobby has succeeded in focusing the gun debate on a narrow, oversimplified question: “If a criminal attacked you, wouldn’t you prefer to have a gun to protect yourself?” This Article asserts that the question—which correlates with a “more guns” argument—is a red herring, a diversion that leads us off track and blinds us to the need for comprehensive strategies to address the complex, polycentric issues of gun violence in America. In his article, Firearms Policy and the Black Community: An Assessment of the Modern Orthodoxy, Professor Nicholas Johnson pursues a version of the “Wouldn’t you want a gun …

Democratizing Legal Education, Renee Newman Knake

Connecticut Law Review

Millions of Americans lack representation for their legal problems while thousands of lawyers are unemployed. Why? Commentators and academics offer a range of answers to this question, from economic factors to regulatory constraints. Whatever the root cause, clearly a massive delivery problem exists for personal legal services. Indeed, most individuals do not even realize when a lawyer might be necessary or helpful. This Article, written at the invitation of the Connecticut Law Review for their Volume 45 Symposium entitled “Are Law Schools Passing the Bar? Examining the Demands and Limitations of the Legal Education Market,” suggests that democratizing legal education—i.e., …

Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos

Connecticut Law Review

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace. This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires—a paradigm shift in the methodology of implementing legal education. The Article begins by reporting on the state of the law school process and how it has evolved from an apprenticeship, replete with on-the-job training, to an intellectual exercise that is somewhat removed from the requirements for becoming competent legal professionals. …