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Front Matter

Michigan Law Review

No abstract provided.

Front Matter

Michigan Law Review

No abstract provided.

Criminal Records, Collateral Consequences, And Employment: The Fcra And Title Vii In Discrimination Against Persons With Criminal Records, Michael Carlin, Ellen Frick

Seattle Journal for Social Justice

No abstract provided.

The Uniformed Services Employment And Reemployment Rights Act Of 1994 Userra) And The Federal Government's Shortcomings, Elyne M. Vaught

Seattle Journal for Social Justice

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

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

GW Law Faculty Publications & Other Works

This essay examines the implications of new historical research on the origins of EU law for legal theory. Based on a review of the recent work of Morten Rasmussen, Bill Davies, Anne Boerger-de Smedt, Karin van Leeuwen, and Alexandre Bernier, the essay demonstrates how this historical research improves our understanding of two important themes in comparative law—comparative legal traditions and legal transplants. By examining the legal actors in different jurisdictions responsible for building an area of public law—the economic law of the fledgling European Communities—the new historical research contributes to the legal traditions literature on legal elites, which has traditionally …

Voting Rights Disclosure, Spencer A. Overton

GW Law Faculty Publications & Other Works

In "Beyond the Discrimination Model On Voting," 127 Harvard Law Review 95 (2013), Professor Samuel Issacharoff proposes that Congress turn away from what he considers the outdated and “limited race-driven use” of the Fifteenth Amendment and instead protect all types of voters from partisan manipulation using a “non-civil rights” Elections Clause approach. Specifically, Issacharoff proposes that jurisdictions disclose changes to voting rules for federal elections. This Essay argues that Issacharoff’s approach is incomplete. Contemporary discrimination exists and warrants attention — particularly where fast-growing minority populations threaten the status quo. This discrimination differs from simple partisan manipulation, as the discrimination reduces …

§ 5:10 Potential Constitutional Limitations On Claims Of Privilege — The Constitutional Right To Produce Evidence, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

Generally under the law a litigant is entitled to every person's evidence in order to pursue a claim or defense. A primary exception to this rule is where the evidence is privileged and hence protected from compelled disclosure. However, even privileged evidence can be compelled to be disclosed in some circumstances, such as where it is critical exculpatory evidence needed by a criminal defendant. This Section discusses the conflict between the law of privilege and a criminal defendant's constitutional right to produce evidence in his defense.

Judicial Innovations To Screen Eyewitness Identifications, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article explains how, in State v. Lawson, 291 P.3d 673 (Or. 2012), the Oregon Supreme Court reconsidered the role trial judges must play in screening eyewitness identification. The court recognized the shortcomings of eyewitness evidence, including a high number of wrongful convictions stemming from misidentification, but also recognized that eyewitness identification may be the only evidence connecting a guilty defendant to a crime. In weighing eyewitness identification admissibility questions, Oregon Evidence Code rules (similar to their Federal Rule of Evidence counterparts) 401, 602 and 701 all must be considered by the trial judge.

Voice Identification Experts, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines United States v. Schiro, 679 F.3d 521 (7th Cir. 2012) and the issue of reliability of voice identification or "earwitness identification." Given that mistaken eyewitness identification is a major contributor to wrongful convictions, courts should instruct jurors of the frequency of voice identification mistakes. In addition, jurors should be educated as to factors that promote or detract from accuracy. Jurors should be instructed to examine identification testimony carefully.

Child Testimony And The Right To Present A Defense, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article discusses the importance of a child's testimony in a criminal prosecution by examining Harris v. Thompson, 698 F.3d 609 (7th Cir. 2012). In this case, a child's testimony was excluded, violating the defendant's right to present a complete defense.

Correlates Of Consistent Condom Use Among Female Entertainment Workers In Shanghai, China: A Repeated Measures Analysis, Xiushi Yang, Guomei Xia

Sociology & Criminal Justice Faculty Publications

Female entertainment workers (FEWs) in China are at increased risk of HIV and other sexually transmitted infections, but correlates of their risky sexual behaviour remain poorly understood. Using data from a series of four surveys, this paper employs repeated measures analysis to identify individual and social correlates of consistent condom use among FEWs in Shanghai. Results reveal that both individual cognitive and social influence factors are statistically significant in their bivariate relationships to consistent condom use with a stable or non-stable partner; only prevention motivation and perceived self-efficacy in condom use remain significant in the multiple regressions. When individual and …

In The Civic Republic: Crime, The Inner City, And The Democracy Of Arms - Being A Disquisition On The Revival Of The Militia At Large, Robert J. Cottrol, Raymond T. Diamond

GW Law Faculty Publications & Other Works

This Article examines the modern utility of the Second Amendment's guarantee of "the right to keep and bear arms" in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the right to have arms, the Authors argue that the right to have arms and the Second Amendment's notion of a universal militia can be the basis of a new partnership between police and citizens in urban America. This new partnership can, if properly developed, be …

Parallels In Plight: Finding Commonalities In African American And Latino Experiences In Post-Katrina New Orleans, Caroline Elliott Gillespie

Honors Theses

Hurricane Katrina hit the Gulf Coast region on August 29, 2005 and caused extensive damage throughout the affected areas. In New Orleans, flooding due to levee breaches compounded the damage and created a need for a sizable labor force to clean up and rebuild the city. Non-local Latinos overwhelmingly responded to this call and began to arrive in New Orleans in the weeks after the storm. This influx sparked new tensions between New Orleans' traditional low-income African American community and the new group of low-income and often undocumented Latinos. Despite these tensions, both African Americans and Latinos faced considerable and …

Scientific And Legal Developments In Fire And Arson Investigation Expertise In Texas V. Willingham, Rachel Dioso-Villa

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller

Faculty Publications

No abstract provided.

A Rejoinder To Professor Schauer's Commentary, Yale Kamisar

Articles

It is quite a treat to have Professor Frederick Schauer comment on my Miranda article.1 Professor Schauer is a renowned authority on freedom of speech and the author of many thoughtful, probing articles in other areas as well, especially jurisprudence. I am pleased that in large measure, Schauer, too, laments the erosion of Miranda in the last four-and-a-half decades2 and that he, too, was unhappy with the pre-Miranda due process/“totality of circumstances”/“voluntariness” test.3 I also like what Schauer had to say about “prophylactic rules,” a term that has sometimes been used to disparage the Miranda rules.4 As Schauer observes, the …

Losing Sight Of The Forest For The Trees: The Supreme Court's Misapplication Of Sixth Amendment Strickland Analysis In Missouri V. Frye And Lafler V. Cooper, Sean Michael Fitzgerald

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Situating Staley: Investigating The Constitutionality Of Forcibly Medicating A Texas Death Row Inmate To Render Him Competent For Execution, Megan A. Rusciano

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Importance Of An Expansive Deference To Miller V. Alabama, Alexander L. Nostro

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer

Faculty and Staff Scholarship

This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.

Effective Plea Bargaining Counsel, Jenny Roberts

Hofstra Law Faculty Scholarship

Fifty years ago, Clarence Earl Gideon needed an effective trial attorney. The Supreme Court agreed with Gideon that the Sixth Amendment guaranteed him the right to counsel at trial. Recently, Galin Frye and Anthony Cooper also needed effective representation. These two men, unlike Gideon, wanted to plead guilty and thus needed effective plea bargaining counsel. However, their attorneys failed to represent them effectively, and the Supreme Court-recognizing the reality that ninety-five percent of all convictions follow guilty pleas and not trials - ruled in favor of Frye and Cooper.

If negotiation is a critical stage in a system that consists …

Success And Failure Of Experts And Novices In A Complex And Dynamic Business Simulation, Hannah Edelstein

UNF Graduate Theses and Dissertations

The current study examined the problem solving behaviors of novices and experts in a complex computer simulation. Dynamic decision-making and complex problem solving abilities were analyzed to investigate if experts are the most successful of all participants when simulating the role of CEO of a chocolate factory, CHOCO FINE. Participants included novices, business undergraduate students and psychology undergraduate students, and experts, small business owners. Results revealed that small business owners engaged in the most successful dynamic decision-making strategies. Experts compared to novices had more total monies at the end of the simulation, spent more time in the first two months …

Jury Nullification And The Rule Of Law, Brenner M. Fissell

Hofstra Law Faculty Scholarship

Despite an intractable judiciary, there is widespread consensus within the legal academy that jury nullification is compatible with the Rule of Law. This proposition is most strongly tested by “substantive nullifications,” where a jury nullifies simply because it disagrees with the law itself. While some substantive nullifications can comport with the Rule of Law, most commentators’ wholesale acceptance of the practice is not justified. They have erred by ignoring the non-substantive, procedural nature of the Rule of Law in favor of one determined by substantive “justice,” and also by taking a naively undifferentiated view of a “community’s” morality (even though …

Ethics In Criminal Advocacy, Peter A. Joy, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

Teaching Government Information In Information Literacy Credit Classes, Emily Rogers

Georgia Library Quarterly

This paper reviews the teaching of credit-bearing information literacy courses and government information, reports questionnaire responses from librarians who teach these courses, and argues that revising the ways we teach government information in for-credit courses will help students achieve information literacy. A focus on government information as critical thinking and subject access resources, rather than as unique documents collections or formats, can remove barriers for researchers, particularly in classes that allow students an entire term to develop skills. In addition, librarians will increase their comfort levels addressing government information and develop ways to teach students to use these resources within …

Freeing Morgan Freeman: Expanding Back-End Release Authority In American Prisons, Frank O. Bowman Iii

Faculty Publications

This article, written for a symposium hosted by the Wake Forest Journal of Law & Policy on “Finality in Sentencing,” makes four arguments, three general and one specific. First, the United States incarcerates too many people for too long, and mechanisms for making prison sentences less “final” will allow the U.S. to make those sentences shorter, thus reducing the prison population surplus. Second, even if one is agnostic about the overall size of the American prison population, it is difficult to deny that least some appreciable fraction of current inmates are serving more time than can reasonably be justified on …

Irreparable Misidentifications And Reliability: Reassessing The Threshold For Admissibility Of Eyewitness Identification, Jules Epstein

Villanova Law Review (1956 - )

No abstract provided.

Parenting And Parole: The Effects Of Incarceration On Motherhood, Latoya Ledyard

All ETDs from UAB

The female prison population is the fastest growing prison population in the United States. The rise in female incarceration over the past several years has become a growing concern partly due to the damaging effects on the family; a phenomenon largely attributed to mandatory sentencing guidelines and gender-neutral policies. Research literature on the unique challenges faced by parenting women and the development of reentry programs that foster family reunification has emerged in recent years, but there is still much work to be done. Using in-depth interviews with 14 residents of a transitional center for women in Alabama, I seek to …