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2013

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Ehearsay, Jeffrey Bellin Jan 2013

Ehearsay, Jeffrey Bellin

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts Jan 2013

Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas Jan 2013

Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Mind, Body, And The Criminal Law, Francis X. Shen Jan 2013

Mind, Body, And The Criminal Law, Francis X. Shen

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna Jan 2013

Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


It's The Reply, Not The Comment: Observations About The Bierschbach And Bibas Proposal, Ronald F. Wright Jan 2013

It's The Reply, Not The Comment: Observations About The Bierschbach And Bibas Proposal, Ronald F. Wright

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Up Or Out: Why "Sufficiently Reliable" Statistical Risk Assessment Is Appropriate At Sentencing And Inappropriate At Parole, Pari Mcgarraugh Jan 2013

Up Or Out: Why "Sufficiently Reliable" Statistical Risk Assessment Is Appropriate At Sentencing And Inappropriate At Parole, Pari Mcgarraugh

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Failure Of Complementarity: The Future Of The International Criminal Court Following The Libyan Admissibility Challenge, Anna Bishop Jan 2013

Failure Of Complementarity: The Future Of The International Criminal Court Following The Libyan Admissibility Challenge, Anna Bishop

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford Jan 2013

Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.


A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe Jan 2013

A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.


Waiving Goodbye To A Fundamental Right: Allocation Of Authority Between Attorneys And Clients And The Right To A Public Trial, 38 J. Legal Prof. 1 (2013), Alberto Bernabe Jan 2013

Waiving Goodbye To A Fundamental Right: Allocation Of Authority Between Attorneys And Clients And The Right To A Public Trial, 38 J. Legal Prof. 1 (2013), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.


It's Not Just For Death Cases Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning And Improve Advocacy In Law School Non-Capital Criminal Defense Clinics, 50 Cal. W. L. Rev. 31 (2013), Hugh Mundy Jan 2013

It's Not Just For Death Cases Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning And Improve Advocacy In Law School Non-Capital Criminal Defense Clinics, 50 Cal. W. L. Rev. 31 (2013), Hugh Mundy

UIC Law Open Access Faculty Scholarship

As this article proposes, law school criminal defense clinics provide an excellent environment to design and implement a non-capital mitigation investigation protocol based on the techniques used in death penalty cases. From a pedagogical perspective, such a model promotes student development of foundational lawyering skills and values, especially in the vital area of “narrative thinking characteristic of everyday practice.” From a pragmatic standpoint, creation of a mitigation investigation model benefits clinic clients and boosts the likelihood that similar investigative methods will become a staple of the student's post-graduate practice.

Part I charts the evolution of capital mitigation investigation and highlights …


Neuroscience, Mental Privacy, And The Law, Francis X. Shen Jan 2013

Neuroscience, Mental Privacy, And The Law, Francis X. Shen

Articles

Will brain science be used by the government to access the most private of spaces — our minds — against our wills? Such scientific tools would have tremendous privacy implications if the government suddenly used brain science to more effectively read minds during police interrogations, criminal trials, and even routine traffic stops. Pundits and scholars alike have thus explored the constitutional protections that citizens, defendants, and witnesses would require to be safe from such mind searching. Future-oriented thinking about where brain science may lead us can make for great entertainment and can also be useful for forward-thinking policy development. But …


Substantial Government Interference With Prosecution Witnesses: The Ninth Circuit's Decision In United States V. Juan, Ruth A. Moyer Jan 2013

Substantial Government Interference With Prosecution Witnesses: The Ninth Circuit's Decision In United States V. Juan, Ruth A. Moyer

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.


Honors Convocation, University Of Michigan Law School Jan 2013

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 10, 2013 University of Michigan Law School Honors Convocation.


Waiting For John Doe: The Practical And Constitutional Implications Of Dna Indictments, Daniel Gaudet Jan 2013

Waiting For John Doe: The Practical And Constitutional Implications Of Dna Indictments, Daniel Gaudet

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Commencement Program (December 2013), Csusb Jan 2013

Commencement Program (December 2013), Csusb

CSUSB Commencement Programs

No abstract provided.


American Bar Association Criminal Justice Standards On Law Enforcement Access To Third Party Records, Stephen E. Henderson Jan 2013

American Bar Association Criminal Justice Standards On Law Enforcement Access To Third Party Records, Stephen E. Henderson

Faculty Books and Book Chapters

Drafted over the past six years and adopted by the American Bar Association (ABA) House of Delegates in February, 2012, these Criminal Justice Standards on Law Enforcement Access to Third Party Records provide much needed guidance to legislatures, courts, and administrative agencies having to decide how to regulate law enforcement access to existing records in the hands of third parties. It is the first framework of its kind, and it can do much to improve the current system of ad hoc protections in both state and federal systems. Decision makers are struggling to determine when to permit law enforcement access …


The Law Of Contempt In Light Of Sahara V. Sebi, M Jagannadha Rao Jan 2013

The Law Of Contempt In Light Of Sahara V. Sebi, M Jagannadha Rao

National Law School of India Review

Restrictions on freedom of speech are warranted in light of rights of accused persons and that judges are subconsciously influenced by statemen ts made outside the court, especially in the media. Such restrictions, present in Indian law, when contravened amounts to contempt of court. According to the Explanation to section 3 of the Contempt of Court Act, 1971, any prejudicial statements made prior to filing the charge sheet will not be treated contempt of court i.e. such statements are not 'imminent'. However, the Supreme Court in AK. Gopalan v. Noordeen has held such statements made subsequent to the arrest of …


Origins Of Modern Restorative Justice: Five Examples From The English-Speaking World, The Jan 2013

Origins Of Modern Restorative Justice: Five Examples From The English-Speaking World, The

UBC Law Review

No abstract provided.


Apples, Oranges, And Steel: The Effect Of Mandatory Minimum Sentences For Drug Offences On The Equality Rights Of Aboriginal Peoples Jan 2013

Apples, Oranges, And Steel: The Effect Of Mandatory Minimum Sentences For Drug Offences On The Equality Rights Of Aboriginal Peoples

UBC Law Review

No abstract provided.


The False Promise Of Proffit, Stephen K. Harper Jan 2013

The False Promise Of Proffit, Stephen K. Harper

University of Miami Law Review

No abstract provided.


Evidentiary Privileges In International Arbitration, Tom Ginsburg, Richard M. Mosk Jan 2013

Evidentiary Privileges In International Arbitration, Tom Ginsburg, Richard M. Mosk

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Free At Last? Judicial Discretion And Racial Disparities In Federal Sentencing, Crystal S. Yang Jan 2013

Free At Last? Judicial Discretion And Racial Disparities In Federal Sentencing, Crystal S. Yang

Coase-Sandor Institute for Law & Economics Research Paper Series

The Federal Sentencing Guidelines were created to reduce unwarranted sentencing disparities among similar defendants. This paper explores the impact of increased judicial discretion on racial disparities in sentencing after the Guidelines were struck down in United States v. Booker (2005). Using data on the universe of federal defendants, I find that black defendants are sentenced to almost two months more in prison compared to their white counterparts after Booker, a 4% increase in average sentence length. To identify the sources of racial disparities, I construct a dataset linking judges to over 400,000 defendants. Exploiting the random assignment of cases to …


Does Humanity-Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert L. Howse, Ruti Teitel Jan 2013

Does Humanity-Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert L. Howse, Ruti Teitel

Faculty Articles

In a number of essays over the last decade or so, Martti Koskenniemi has analyzed post-cold war developments in international law, especially the human rights revolution or the emergence of "humanity law" (Teitel, Humanity’s Law). In these works, Koskenniemi asserts a close, if not essential, connection between optimistic or progressive theories of history and liberal, cosmopolitan, post- or anti-statist approaches to international law. We challenge Koskenniemi’s arguments that humanity law is associated with a dogmatically progressive theory of history, that it is oriented toward a world government, that it relies on a version of historical determinism, that it posits a …


The Roberts Court And Wrongful Convictions, Christopher E. Smith, April Sanford Jan 2013

The Roberts Court And Wrongful Convictions, Christopher E. Smith, April Sanford

Saint Louis University Public Law Review

No abstract provided.


Citizen Engagement In The Shrinking City: Toward Development Justice In An Era Of Growing Inequality, Barbara L. Bezdek Jan 2013

Citizen Engagement In The Shrinking City: Toward Development Justice In An Era Of Growing Inequality, Barbara L. Bezdek

Saint Louis University Public Law Review

No abstract provided.


A Tale Of Two Districts: Lessons Learned From Missouri’S Human Trafficking Task Forces, Abby Duncan Jan 2013

A Tale Of Two Districts: Lessons Learned From Missouri’S Human Trafficking Task Forces, Abby Duncan

Saint Louis University Public Law Review

No abstract provided.


Embracing Justice Roberts’ “New Medicaid”, Sidney D. Watson Jan 2013

Embracing Justice Roberts’ “New Medicaid”, Sidney D. Watson

Saint Louis University Journal of Health Law & Policy

No abstract provided.


A Few Good Angry Men: Application Of The Jury Trial Clause Of The Sixth Amendment To Non-Citizens Detained At Guantanamo Bay, Thomas Mcdonald Jan 2013

A Few Good Angry Men: Application Of The Jury Trial Clause Of The Sixth Amendment To Non-Citizens Detained At Guantanamo Bay, Thomas Mcdonald

American University Law Review

No abstract provided.