Digital Commons Network^™

Outsourcing Criminal Deportees, Eleanor Marie Lawrence Brown

University of Chicago Law Review

No abstract provided.

Policing Immigration, Adam B. Cox, Thomas J. Miles

University of Chicago Law Review

No abstract provided.

Immigration Detention: Information Gaps And Institutional Barriers To Reform, Alina Das

University of Chicago Law Review

No abstract provided.

On The 'Considered Analysis' Of Collecting Dna Before Conviction, David H. Kaye

Faculty Scholarship

For nearly a decade, DNA-on-arrest laws eluded scrutiny in the courts. For another five years, they withstood a gathering storm of constitutional challenges. In Maryland v. King, however, Maryland's highest court reasoned that usually fingerprints provide everything police need to establish the true identity of an individual before trial and that the state's interest in finding the perpetrators of crimes by trawling databases of DNA profiles is too "generalized" to support "a warrantless, suspicionless search." The U.S. Supreme Court reacted forcefully. Chief Justice Roberts stayed the Maryland judgment, writing that "given the considered analysis of courts on the other side …

Confronting Science: Expert Evidence And The Confrontation Clause, David H. Kaye, Jennifer L. Mnookin

Faculty Scholarship

In Crawford v Washington, the Supreme Court substantially changed its understanding of how the Confrontation Clause applies to hearsay evidence. Since then, the Court has issued three bitterly contested expert-evidence-related Confrontation Clause decisions, and each one has generated at least as many questions as answers. This article analyzes this trilogy of cases, especially the most recent, Williams v Illinois.

In Williams, the Court issued a bewildering array of opinions in which majority support for admitting the opinion of a DNA analyst about tests that she did not perform was awkwardly knitted together out of several incompatible doctrinal …

Teaching The Constitution: An American Tradition, Charles J. Crimmins

Denver Law Review

No abstract provided.

Children Of Two Logics: A Way Into Canadian Constitutional Culture, Benjamin Berger

Articles & Book Chapters

Through an analysis of the Canadian case, this article explores the tension between the universal and the particular in modern constitutional imagination, arguing that the points of friction between these two “logics” of constitutionalism are invaluable entry points into understanding the defining features of various constitutional cultures. The article argues that to understand Canadian constitutional culture, both at the structural level and also in the finer strokes surrounding given issues, one must appreciate that Canadians are the children of two constitutional logics: that of the local, the particular, and harmonious relations between diverse communities achieved through political compromise, and that …

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.

Mimosa 2012/2013, Jacksonville State University

JSU Yearbooks

The JSU Yearbook Collection spans the years from 1926 to the present. The publication began in 1926 as the Teacola (some volumes spelled "Teacoala") and continued under this title through 1933. The yearbook appears to have ceased printing after that year; the student newspaper took the name Teacola (later changed to the Collegian and finally the Chanticleer) and began publication in 1934. The yearbook started up again in 1947 under the name Mimosa. The Library holds all volume years that were printed: 1926-1933, 1947-1950, 1952-present.

Organizing For Environmental Justice: From Bridges To Taro Patches, Amy Krings, Michael S. Spencer, Kelcie Jimenez

Social Work: School of Social Work Faculty Publications and Other Works

No abstract provided.

The Applicability Of The Duress Defense To The Killing Of Innocent Persons By Civilians, Sarah J. Heim

Cornell International Law Journal

No abstract provided.

What Makes A Crime Against Humanity A Crime Against Humanity, Charles Chernor Jalloh

American University International Law Review

No abstract provided.

The New Eu Legal History: What's New, What's Missing?, Mark A. Pollack

American University International Law Review

No abstract provided.

Relational Federalism: An Essay In Honor Of Heather Gerken, David Fontana

Tulsa Law Review

This paper was presented at the 2012 Legal Scholarship Symposium.

The full video is available here.

The Mysterious Persistence Of Non-Consensual Norms On The U.S. Supreme Court, Aaron J. Ley, Kathleen Searles, Cornell W. Clayton

Tulsa Law Review

No abstract provided.

Children Of Two Logics: A Way Into Canadian Constitutional Culture, Benjamin L. Berger

Comparative Research in Law & Political Economy

In this piece I will look at three areas of modern Canadian constitutional life in which one finds the play of these two constitutional logics. I will look to cultural and religious difference, judicial review, and issues of Indigenous rights. My purpose is to illuminate something generally unnoted but essential in the culture of Canadian constitutionalism and so my focus is on the Canadian case. Nevertheless, I would venture that although Canadian constitutional life might serve as a particularly potent instance of this dynamic, what I am exposing is a general predicament of modern constitutionalism and what I am suggesting …

Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott

Comparative Research in Law & Political Economy

This paper examines the disconnect between the literature on and practice of legality verification (LV) in the forest sector and what would seem to be a logical extension into the literature on and responses to forest crime and, more specifically, transnational criminality associated with the trade in illegally logged timber. The apparently logical overlap between these two areas of endeavour arises because both are dealing with aspects of supply chains or chains of custody involving raw timber, forest products or timber products more generally. The disconnect, I suggest here, arises because of a lack of ‘joined up thinking’ between the …

Ipeelee/Ladue And The Conundrum Of Indigenous Identity In Sentencing, Jeanette Gevikoglu

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

R. v. Ipeelee and R. v. Ladue demonstrate the dilemma courts face in their efforts to remedy the historic injustice and systemic discrimination indigenous people suffered in the criminal justice system through accommodating indigenous difference. This paper analyzes how the Supreme Court construes indigenous identity in the application of section 718.2(e) of the Criminal Code when sentencing Ipeelee and Ladue. The Court’s treatment of the character of indigenous offenders, indigenous communities and indigenous legal perspectives is examined. The paper calls into question the Court’s rationale and concludes that Ipeelee/Ladue exemplifies how the criminal justice system uniquely particularizes indigenous identity and …

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima

UC Law SF International Law Review

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

The Impact Of The Human Provincial Administrative Procedure Provisions, Peter Witherington

UC Law SF International Law Review

In April, 2008, Zhou Qiang, then the governor of Hunan Province (and current president of China's Supreme People's Court), presided over the adoption of the Hunan Provincial Administrative Procedure Provisions ("Provisions"). At its passage, this regulation represented the first comprehensive code of administrative procedure to be adopted in the People's Republic of China. This Note contends that Provisions represent a departure for administrative procedure in China, and should be viewed as a positive, if preliminary, step towards comprehensive rule of law.

Beginning with a brief overview of modern Chinese administrative law and its theoretical underpinnings, this Note presents the argument …

Circumstances That Would Prejudice Impartiality: The Meaning Of Fairness In Japanese Jurisprudence, Mark A. Levin

UC Law SF International Law Review

No abstract provided.

Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr

Law & Economics Working Papers

This paper critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise-condemned discrimination, sanitized by scientific language. To demonstrate that this practice should be subject to heightened constitutional scrutiny, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that it cannot survive that scrutiny and is undesirable policy, I review the empirical evidence underlying the instruments. I …

2013-2014 Nova Southeastern University Undergraduate Student Catalog, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

Undergraduate Student Catalog 2013-2014, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

The Unanimous Verdict According To The Talmud: Ancient Law Providing Insight Into Modern Legal Theory, Ephraim Glatt

Pace International Law Review Online Companion

Part I of this paper will provide background information regarding the current academic discussion surrounding the unanimous verdict. Part II will discuss the startling Talmudic passage on the unanimous verdict. It will additionally focus on one explanation that radically reinterprets this passage. Part IIIA will introduce two schools of thought on the rationale behind the anti-unanimity rule. Part IIIB will highlight two areas of modern legal theory affected by such rationales.

Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii

Elisabeth Haub School of Law Faculty Publications

This article will discuss recent developments by the New York Court of Appeals on the doctrine of unjust enrichment and on the elimination of non-pecuniary damages in criminal legal malpractice actions. Specifically, the article will examine the cases of Georgia Malone & Co. v. Ralph Rieder and Dombrowski v. Bulson.

"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald

Michigan Journal of Gender & Law

Societies around the world have performed castration, in its various forms, on their male and female members for thousands of years, for numerous reasons. Even within the United States, prisoners have been sentenced to castration (as a form of punishment or crime prevention) since the early twentieth century. In recent years, legislatures have perpetuated this practice but with a modern twist. Now, states use chemical injections to castrate their inmates. It turns out, however, that systemic problems plague the chemical castration sentencing regime. These problems arise from the nature of the crimes eligible for chemical castration sentences, the manner of …