Digital Commons Network^™

Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Gabriela Echeverria, Mario López-Garelli, Hari Phuyal, Juan E. Méndez

Human Rights Brief

No abstract provided.

Stuck On Love, Tamara L. Kuennen

Denver Law Review

No abstract provided.

The Politics Of Privacy In The Criminal Justice System: Information Disclosure, The Fourth Amendment, And Statutory Law Enforcement Exemptions, Erin E. Murphy

Faculty Articles

When criminal justice scholars think of privacy, they think of the Fourth Amendment. But lately its domain has become far less absolute. The United States Code currently contains over twenty separate statutes that restrict both the acquisition and release of covered information. Largely enacted in the latter part of the twentieth century, these statutes address matters vital to modern existence. They control police access to driver's licenses, educational records, health histories, telephone calls, email messages, and even video rentals. They conform to no common template, but rather enlist a variety of procedural tools to serve as safeguards - ranging from …

Prosecutorial Administration: Prosecutor Bias And The Department Of Justice, Rachel E. Barkow

Faculty Articles

The article discusses the way in which federal prosecutors help establish U.S. criminal justice policy, with focus given to the impact of prosecutorial bias on the operations of the U.S. Department of Justice (DOJ). More specifically, the author examines federal prosecutors' ability to influence criminal justice policy pertaining to the U.S. Bureau of Prisons, clemency, and forensics.

Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer

Faculty Articles

The article presents several charts and graphs on topics include the the black and Hispanic populations of southern and western cities in the U.S. between 1950 and 1980 and the homicide rates in northern, southern, and western cities in the U.S. between 1950 and 1980.

There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A “Post-Racial” Society, Deborah N. Archer

Faculty Articles

This Essay takes a fresh look at the scholarship on the practice of cross-cultural and client-centered lawyering. The current scholarship explores methods of training law students to be mindful of the ways that cultural differences can impact legal representation. However, this scholarship has not addressed how to equip students to address issues of racial discrimination in light of the post-racial lens through which many view these problems. Legal educators must examine how law students’ beliefs regarding the current relevance of race in America affects their ability to represent clients who believe they are victims of racial discrimination.

The Alien Tort Statute As Transnational Law, Jaye Ellis

Maryland Journal of International Law

No abstract provided.

The Voice, Winter/Spring 2013: Volume 58, Issue 2, Dordt College

The Voice Archive

• Leading Off With the President: Celebrating the Faith of Those Before Us
• Editor's Notes: From Milk to Meat
• News: The Loop: Engineering Project Keeps on Giving; Bouwkamp at Lincoln Center; One Potato, Two Potato, Three Potato, Four; Campus Kudos; Seeing Life Through Sci-Fi; Taking the Lead; Book Studies for All; Creativity Takes Center Stage; Faculty Bits; New Learning Labs Teach Problem Solving; Nurturing Worship Leaders Becomes Easier; Expanding Horizons: Historical Imagination and The Hobbit: A Faculty Reflection
• Features: Trash Talk; Preparing to Live in a Global World; How Do International Students End Up at Dordt?; Doors Open for Dordt …

Pharmageddon: A Statutory Solution To Curb Ohio's Prescription Abuse Problem, Ed Woodworth

Journal of Law and Health

Prescription abuse in Ohio continues to be a serious and complex issue that should be addressed. Accordingly, Part II of this Note examines the background of prescription drug abuse generally. It identifies the dangers of prescription drug abuse, the cost drug abuse places on society, some reasons for prescription drug abuse, sources of prescription drugs, and discusses the current state and federal laws regarding prescription drug abuse and prescription reporting. Part III discusses the positive and negative aspects of H.B. 93 and Medical Rule 4731-11-11 and then offers proposals to more effectively prevent prescription drug abuse. Part IV discusses various …

Theorising Global Governance Inside Out: A Response To Professor Ladeur, Sujith Xavier

Comparative Research in Law & Political Economy

Professor Ladeur argues that administrative law’s postmodernism (and by extension Global Administrative Law) necessitates that we move beyond relying on ideas of delegation, account- ability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmod- ern legality and support the creation of norms that will adapt to the complexities of globalisation. Ladeur’s contestation, similar to GAL’s propositions, can be challenged. By taking the International Criminal Tribunal for Rwanda, a significant contributor to the field of international criminal law, as an example, it is suggested that the …

A Context Of Justice: Ontario's Justices Of The Peace – From The Mewett Report To The Present, Jamie Cameron

Comparative Research in Law & Political Economy

This paper considers the evolution of justices of the peace in Ontario, from Alan Mewett’s landmark report in 1981 – which was commissioned by the Attorney General – to the present. It explains how an office that, according to Mewett and others, was in a state of neglect and dysfunction at the time has been completely transformed through a process of reform. This process addressed key deficits in the professionalism and independence of the justices, and comprised three key steps: the legislative reforms of 1989, the establishment of remuneration commissions for justices of the peace in the 1990s, and more …

Private Law: Commutative Or Distributive?, Dan Priel

Comparative Research in Law & Political Economy

Allan Beever argues in his new book that there are two distinct forms of justice — commutative and distributive — and that we have forgotten about commutative justice, the form of justice that governs our interpersonal relationships. Consequently, we erroneously think of private law from the perspective of distributive justice, the form of justice that governs our relation to the state. Forgetting commutative justice, he claims, has been a serious philosophical mistake with potentially grave practical implications. Theoretically, says Beever, the modern view is wrong, because politics and distributive justice are grounded in our pre-political, interpersonal relationships. In other words, …

Learning Professionalism In Practice, Shelley M. Kierstead, Erika Abner

Comparative Research in Law & Political Economy

This paper describes exploratory research into learning professionalism, ethics and civility in the legal workplace. We begin by setting out the issue as described by scholars, regulators, insurers, courts, and practicing lawyers, then examine the literature on developing a professional identity through learning at work. We employed a focus group method to gather data on the issues that practicing lawyers experience during their working day, as well as how they learn to define, identify, and manage these professionalism and ethical issues.

Tinkering With Life: A Look At The Inappropriateness Of Life Without Parole As An Alternative To The Death Penalty, Ashley Nellis

University of Miami Law Review

No abstract provided.

Straightforward On Its Face But Mindbending In Its Application: Juror Concurrence In Criminal Trials, Stephen Ehrlich

Cleveland State Law Review

Ever since In re Winship in 1970, it is well settled that the Due Process Clause requires a jury to find “proof beyond a reasonable doubt of every fact necessary to constitute the crime.” But as axiomatic as this holding may seem, the distinction between necessary facts of a crime and “mere means” of its commission has confounded courts for years. The Supreme Court, recognizing the need to re-address such an important issue, attempted to provide some guidance in this area through two landmark cases decided just before the turn of the twenty first century: Schad v. Arizona and Richardson …

Not For Bathing: Bath Salts And The New Menace Of Synthetic Drugs, Jake Shaller

Journal of Health Care Law and Policy

No abstract provided.

The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt

Journal of Health Care Law and Policy

No abstract provided.

Seeing The Justice System Through A Soldier's Eyes: A Call To Action For Maryland To Adopt A Veterans Treatment Court System, Beth Totman

Journal of Health Care Law and Policy

No abstract provided.

State V. Rudy B.: Denying Youthful Offenders The Benefit Of Apprendi's Bright-Line Rule Before Adult Sentencing, Amanda L. Thatcher

New Mexico Law Review

No abstract provided.

Making The Fair Sentencing Act Retroactive: Just Think Of The Savings . . . Clause, Jeff Lazarus

Cleveland State Law Review

This article advocates for the retroactive application of the Fair Sentencing Act. Part II of this Article will detail the history of the federal crack cocaine sentencing laws, from 1986 through the passage of the Fair Sentencing Act. Part III will detail the recent cases dealing with attempts at retroactivity in the lower courts. Part IV outlines the Supreme Court’s holding in United States v. Dorsey, which was a ground-breaking step towards the FSA’s retroactive effect. Part V offers arguments in support of retroactivity. Part VI offers legal challenges in which inmates can seek relief in the courts. In Part …

Striking A Balance: Why Ohio's Felony-Arrestee Dna Statute Is Unconstitutional And Ripe For Legistlative Action, Brendan Heil

Cleveland State Law Review

This Note argues that Ohio’s felony-arrestee DNA statute violates Article I, section 14 of the Ohio Constitution and the Fourth Amendment to the United States Constitution. The initial physical swab and the subsequent database searches of an arrestee’s DNA sample, while the arrestee is in custody or being prosecuted, do not violate the Fourth Amendment. However, the inclusion of an innocent person’s DNA in Ohio’s DNA database, subject to repeated searches over time, violates both the Ohio and federal constitutional protections against unreasonable searches. Broadly written DNA statutes trample people’s civil rights, and more carefully drawn legislation could meet the …

Gender Dysphoria In The Jailhouse: A Constitutional Right To Hormone Therapy?, Susan S. Bendlin

Cleveland State Law Review

United States Army Private Bradley Manning made headlines in the fall of 2013 when he was convicted of espionage, fraud, and theft for divulging classified military and diplomatic information to WikiLeaks. After the twenty-five year old was sentenced to thirty-five years in military prison, he made instantly made headlines again by announcing that he wanted to live as a woman in prison. Divulging that he has Gender Identity Disorder, Manning said that he had suffered for years in the wrong body and that he would henceforth be recognized as a female, Chelsea Manning. The Army, however, has stated that it …

Planning For Drinking Water In The Great Lakes Basin After Terrorism, Or: How I Stopped Worrying And Loved The Great Lakes Compact, Caitlyn Lothian

Water Law Review

No abstract provided.

The Impact Of Racial Identity, Masculinity, And Academic Self-Concept On The Academic Achievement Of African American Male High School Students, Howard Lloyd

Theses and Dissertations--Educational, School, and Counseling Psychology

Previous literature has evidenced that young African American males are experiencing less academic success than their Caucasian male and African American female counterparts (Davis, Williams, & Williams, 2004; Flores, 2007). The deceleration of achievement in this population has spawned some inquiry into the struggles of African American students. However, investigators have primarily examined differences in sex, school attributes, socioeconomic status, family structure, and other external factors. Previous research has also highlighted the unique obstacles young African American men face in education settings. While researchers have identified several external predictors of academic achievement among African American males, scant information relates to …

Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody

Cardozo Law Review de•novo

Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …

Transcending The Criminal Law's "One Size Fits All" Response To Domestic Violence, Hannah Brenner

Faculty Scholarship

Domestic violence is no longer a private matter confined within the four walls of the home. The shift from private to public is connected with marked progress within the legal system, which strives to protect victims and hold batterers accountable through a myriad of specific responses that have ranged from attitudinal and logistical shifts from law enforcement to increased attention within legal education to a general acknowledgment of the impact of domestic violence on individual victims, children, families, and the broader community to the passage of federal and state legislation.

The state legislative landscape has historically centered around a very …

Social Construction And Political Decision Making In The American Prison System(S), Jeremiah Olson

Theses and Dissertations--Political Science

With over two million inmates, the United States’ prison population is the largest in the world. Nearly one in one hundred Americans are behind bars, either in prisons or pre-trial detention facilities. The rapid growth in incarceration is well-documented. However, social science explanations often stop at the prison gates, with little work on treatment inside prisons. This black box approach ignores important bureaucratic decisions, including the provision of rehabilitative services and the application of punishment.

This dissertation offers a systematic analysis of treatment decisions inside the American prisons. I use a mixed methods approach, combining multiple quantitative datasets with environmental …

No Means No...Sometimes Developments In Postpenetration Rape Law And The Need For Legislative Action, Sarah O. Parker

Brooklyn Law Review

No abstract provided.

The Importance Of Being Earned: How Abatement After Death Collaterally Harms Insurers, Families, And Society At Large, Sabrina Margret Bierer

Brooklyn Law Review

No abstract provided.

Stop And Frisk City: How The Nypd Can Police Itself And Improve A Troubled Policy, Kaitlyn Fallon

Brooklyn Law Review

No abstract provided.