Digital Commons Network^™

Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner

Michigan Journal of Gender & Law

n the last decade, two influential international political figures, Dominique Strauss-Kahn, former head of the International Monetary Fund, and Moshe Katsav, former President of Israel, were accused of engaging in extreme and ongoing patterns of sexual violence. The collection of formal charges against the two men included rape, forcible indecent assault, sexual harassment, and obstruction of justice. The respective narratives surrounding the allegations against Katsav and Strauss-Kahn have their own individual characteristics, and each of the cases unfolded in diverging ways. Yet, the actions of these two men taken together, and the corresponding response of the legal systems in France, …

Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice, Ezekiel Rediker

Michigan Journal of International Law

In recent years, a public debate on law and the colonial legacy has engaged people of all walks of life in the English Speaking Caribbean (ESC), from judges and politicians to young people in the streets. Throughout the ESC, the Judicial Committee of the Privy Council (JCPC)—based in London and composed of British jurists—has been the highest court of appeal since the colonial era. In the past decade, however, Caribbean governments have sought greater control over their legal systems. In 2005, they created the Caribbean Court of Justice (CCJ) to supplant the British Privy Council as the Supreme Court for …

2013 Winter Class Schedule, University Of Michigan Law School

Class Schedules

Class schedule for the 2013 Winter semester at the University of Michigan Law School

Improving The Human Condition, Jon Powell

Campbell Law Review

No abstract provided.

A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis

Marquette Law Review

Although potentially offering the benefits of crime control and sentence reduction, some Blacks are convinced that cooperation with criminal investigations and prosecutions should be avoided. One factor contributing to this perspective is America’s reliance on Black informants to police and socially control Blacks during slavery, the Civil Rights Movement, and the Wars on Drugs, Crime, and Gangs. Notwithstanding this historical justification for non-cooperation, only a few informant law and policy scholars have examined closely the Black community’s relationship with informing. Furthermore, even among this small group, noticeably absent are historical explorations of Black America’s experience with informing during slavery. Drawn …

Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl

Books and Chapters

The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

Articles

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …

Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby

Articles

No abstract provided.

Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman

University of Baltimore Law Review

No abstract provided.

Luogo E Spazio, Place And Space: Gender Quotas And Democracy In Italy, Rachel A. Van Cleave

University of Baltimore Law Review

No abstract provided.

Symposium Foreword: Privacy Rights And Proactive Investigations: Emerging Constitutional Issues In Law Enforcement, Thiru Vignarajah

University of Baltimore Law Review

No abstract provided.

Research And Reality: Better Understanding The Debate Between Sequential And Simultaneous Photo Arrays, Frederick H. Bealefeld Iii

University of Baltimore Law Review

No abstract provided.

The Imperative Of Eyewitness Identification Reform And The Role Of Police Leadership, Rebecca Brown, Stephen Saloom

University of Baltimore Law Review

No abstract provided.

Indecent Exposure: Genes Are More Than A Brand Name Label In The Dna Database Debate, Jessica D. Gabel

University of Baltimore Law Review

No abstract provided.

Why Dna Databasing Is Good For Maryland — A Dna Analyst's Perspective, Rana Santos

University of Baltimore Law Review

No abstract provided.

Comments: Functional Magnetic Resonance Imaging And The Law Today: The Brain Is Reliable As A Mitigating Factor, But Unreliable As An Aggravating Factor Or As A Method Of Lie Detection, Kristina E. Donahue

University of Baltimore Law Review

No abstract provided.

Energy And Environmental Law, Joel B. Eisen

Law Faculty Publications

This chapter covers energy law, which focuses on the production, distribution, conservation, and development of energy resources. State and federal energy laws and regulations are designed to keep prices to consumers down (particularly in certain energy industries which state and federal governments monitor to keep markets as competitive as possible) and to address economic, environmental, and national security issues.

Professional Identity As Advocacy, Robert Rubinson

MC Law Review

No abstract provided.

We Are Who We Admit: The Need To Harmonize Law School Admission And Professionalism Process With Bar Admission Standards, Timothy P. Chinaris

MC Law Review

No abstract provided.

Expectations Of Privacy In Social Media, Stephen E. Henderson

MC Law Review

No abstract provided.

Consideration Of Rehabilitative Factors For Sentencing In Federal Courts: Tapia V. United States, 131 S. Ct. 2382 (2011), Andrea Avila

Nebraska Law Review

The United States has the highest rate of incarceration in the world. In 2010, one in forty-eight adults were on probation or parole, and one in 104 adults were in correctional custody. Once convicted, between 70%3 and 89%4 of criminal defendants are sentenced to imprisonment. Since 1986, the number of people imprisoned in the United States has grown from approximately 746,0005 to more than 2.2 million in 2010. These exceedingly high numbers show a trend of increasing imprisonment, starting in the 1980s. Frustrated by the perceived failure of the criminal justice system, the nation almost completely rejected rehabilitation as a …

The Culture Of Intercollegiate Athletes: Pawns For University Economic Success And Academic Fraud, Derek Wagner

Senior Honors Theses and Projects

No abstract provided.

Eastern, Summer 2013, Eastern Michigan University

Alumni News: Eastern Magazine

No abstract provided.

Second-Class Families: The Challenges And Strategies Of Mixed-Status Immigrant Families, Diana Maritza Guelespe

Dissertations

The most recent peak in migration has involved large numbers of undocumented people and much of the sociological scholarship on immigration explores their lives as individuals and how they stay connected to their family across borders, but there is little research about the new phenomenon of mixed-status immigrant families-- families with at least one unauthorized immigrant and one U.S. citizen--or how their families face the looming risk of separation. The purpose of this dissertation is to describe the experiences and challenges these families confront. Why has there been a rise in mixed-status immigrant families? How does the relative permanence of …

Cheerleaders And Performers: Mental Health Courts In A Midwestern State, Monte Staton

Dissertations

"Cheerleaders and Performers: Mental Health Courts in a Midwestern State" by Monte D. Staton

This dissertation presents a statewide study focusing on a recently developed technique for dealing with persons with mental illness in the criminal justice system: mental health court (MHC). This study of nine MHC programs utilized surveys, interviews, and ethnographic observations to examine the work activities and understandings of the criminal justice and mental health professionals who administer and operate the programs in a Midwestern state. Data were analyzed by combining Goffman's dramaturgical analysis with Dorothy E. Smith's institutional ethnography. Findings reveal that MHC professionals engage in …

Eastern Michigan University Graduate Catalog, 2013-2014, Office Of The Registrar

Graduate Catalogs

No abstract provided.

President’S Column: We’Re In Touch, So You Be In Touch, Elliott Zide

Court Review: Journal of the American Judges Association

It is a privilege and honor to begin my term as your president, especially at a time when AJA is so well respected and highly regarded as the largest judge-only organization in North America.

As I write, I have recently returned from the fantastic 53rd education conference in Hawaii where we were honored by welcoming letters from Hawaii Governor Neil Abercrombie, U.S. Senator Brian Schatz, and U.S. Representative Colleen Hanabusa. Hawaii Chief Justice Mark Recktenwald came in person to open the conference. If you missed this uplifting event and the chance to interact with more than 150 of the best …

Court Review: The Journal Of The American Judges Association 49:1 (2013)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

4 National Consortium on Racial and Ethnic Fairness in the Courts Celebrates 25 Years.

6 The Third Branch of the Third Sovereign: A Brief History of Tribal Courts and Their Perception in the Supreme Court.

14 Knowing the Communities We Serve.

24 The Supreme Court’s Emerging Jurisprudence on the Punishment of Juveniles: Legal and Policy Implications.

40 Achieving Racial and Ethnic Fairness in Drug Courts.

48 The Court’s Brain: Neuroscience and Judicial Decision Making in Criminal Sentencing.

64 Addressing Implicit Bias in the Courts.

DEPARTMENTS

2 Editor’s Note.

3 President’s Column.

72 The Resource Page.

The Court’S Brain: Neuroscience And Judicial Decision Making In Criminal Sentencing, Kimberly Papillon

Court Review: Journal of the American Judges Association

Cutting-edge neuroscientific studies provide new insights into the inner workings of the human brain. At the same time, innovations in justice-system data collection have allowed researchers to gather and analyze vast quantities of statistical data in criminal-sentencing patterns. The combination of the two genres of study provides us with the first scientifically based demonstration that well-meaning egalitarian judges may have strong neurophysiologic reactions to defendants, victims, experts, and attorneys. These reactions help us explore whether or not race affects judicial decision making.

The Model Code of Judicial Conduct, caselaw, the Fourteenth Amendment, and the constitutions of every state prohibit judges …

Addressing Implicit Bias In The Courts, Pamela M. Casey, Roger K. Warren, Fred L. Cheesman, Jennifer K. Elek

Court Review: Journal of the American Judges Association

Fairness is a fundamental tenet of American courts. Yet, despite substantial work by state courts to address issues of racial and ethnic fairness,2 public skepticism that racial and ethnic minorities receive consistently fair and equal treatment in American courts remains widespread.3 Why?

THE INFLUENCE OF IMPLICIT ASSOCIATIONS

Perhaps one explanation may be found in an emerging body of research on implicit cognition. During the last two decades, new assessment methods and technologies in the fields of social science and neuroscience have advanced research on brain functions, providing a glimpse into what National Public Radio science correspondent Shankar Vedantam refers to …