Digital Commons Network^™

Reforming The Grand Jury To Protect Privacy In Third Party Records, Andrew E. Taslitz, Stephen E. Henderson

American University Law Review

No abstract provided.

Avenging Revenge Porn, Samantha Kopf

The Modern American

No abstract provided.

A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul

The Modern American

No abstract provided.

Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale

Faculty Scholarship

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …

Do Racial Disparities Exist During Pretrial Decisionmaking? Evidence From North Carolina, Guangya Liu, Chloe Johnson, Neil Vidmar

Faculty Scholarship

Racial Disparities in the Criminal Justice System are well documented in that minority defendants are over-represented compared with white defendants. The present authors argue that it is crucial to study the pretrial stages because they are a pivotal point in the criminal justice process continuum and racial disparities may begin to take root at an early stage of the process.

We find some evidence of racial disparities in pretrial decisionmaking. The type of bond assigned differs by race. Black defendants who were unable to post bond spent more days in jail, compared to white counterparts. However, race is not a …

The Banality Of Wrongful Executions, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

The Effectiveness Of International Adjudicators, Laurence R. Helfer

Faculty Scholarship

This chapter, in the Oxford Handbook of International Adjudication, provides an overview of the burgeoning literature on the effectiveness of international courts and tribunals (ICs). It considers four dimensions of effectiveness that have engendered debates among scholars or received insufficient scrutiny. The first dimension, case-specific effectiveness, evaluates whether the litigants to a specific dispute change their behavior following an IC ruling, an issue closely linked to compliance with IC judgments. The second variant, erga omnes effectiveness, assesses whether IC decisions have systemic precedential effects that influence the behavior of all states subject to a tribunal’s jurisdiction. The third approach, embeddedness …

Building Community In Schools: Servant-Leadership, Restorative Justice, And Discipline Reform, Felix J. Yerace

International Journal of Servant-Leadership

In the United States, educational quality varies widely across school districts. For decades, many Americans have questioned education quality (Pulliam and Patten 2007; Urban and Wagoner 2009; Webb 2006). The twentieth century saw over thirty national reports and over 300 state and federal task forces look at how schools could improve (Giroux 2004). Despite these efforts, many remain dissatisfied with education in America (Strauss 2012).

Student Conduct, Restorative Justice, And Student Development: Findings From The Starr Project (Student Accountability And Restorative Research Project), David R. Karp Phd, Casey Sacks

School of Leadership and Education Sciences: Faculty Scholarship

The STudent Accountability and Restorative Research (STARR) Project is a multi-campus study of college student disciplinary practices in the United States, comparing traditional conduct hearings that use restorative justice practices with traditional college student misconduct hearings. This study provides a coherent set of learning goals in college student conduct administration and a robust data set capable of measuring student learning across different types of disciplinary practice, in particular, comparing traditional “model code” practice with emerging restorative justice processes. Integrating several student development theories, we identify six student development goals: just community/self authorship, active accountability, interpersonal competence, social ties to institution, …

Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the possibility of permanent removal from the United States. These circumstances make the immigration system a unique case study for exploration of …

Complicity, James G. Stewart

All Faculty Publications

Complicity is responsibility for helping. This essay provides a comparative overview of the criminal law and theory pertaining to complicity. Instead of taking a strong prescriptive position on the best way to construct accomplice liability, it charts a series of recurrent normative problems in this area and points to various solutions these problems have generated in practice. The essay begins by considering structural questions that inform the shape accomplice liability is given in different criminal systems, then discusses the conduct required to establish accomplice liability, before plotting the various static and dynamic mental elements that are frequently allocated to the …

Tribute To Randall Shepard, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge And Improve Decisionmaking, Sara Gordon

All Faculty Publications

What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial—even jurors who consciously want to reach a fair and accurate verdict—are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …

Concerning Guidelines For Ensuring The Rights Of Victims Of Crime To Participate In The Criminal Justice System., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado

UIC Law Review

No abstract provided.

Does The Prisoner's Dilemma Refute The Coase Theorem?, 47 J. Marshall L. Rev. 1289 (2014), Enrique Guerra-Pujol, Orlando Martínez-García

UIC Law Review

No abstract provided.

Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014), Daniel Cetina

UIC Law Review

No abstract provided.

Attention Gun-Rights Advocates! Don't Forget The Illinois Constitutional Right To Keep And Bear Arms, 48 J. Marshall L. Rev. 53 (2014), James Leven

UIC Law Review

This Article will show that Kalodimos’s reasoning is deeply flawed and also that developments in the law following that decision demonstrate that it is no longer viable.

Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill

UIC Law Review

The Illinois Supreme Court has ironically chosen to make the Illinois Constitution completely insignificant in several areas of constitutional law. It has accomplished this through “the limited lockstep doctrine.” This approach is used to interpret cognate provisions of the U.S. and Illinois Constitutions.

Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett

UIC Law Review

Overly expansive juvenile transfer laws are inconsistent with the Court’s reasoning because their primary objective is to transfer juveniles into the adult criminal justice system solely for the purpose of punishing and sentencing them like adults. In so doing, expansive juvenile transfer laws, more often than not, largely ignore a juvenile’s diminished culpability and greater capacity for change.

A Tale Of Two Searches: Intrusive Civil Discovery Rules Violate The Fourth Amendment Essay, Chad Deveaux

Connecticut Law Review

In this Essay, I argue that civil discovery rules compelling the production of private papers violate the Fourth Amendment’s prohibition against unreasonable searches. A “search” occurs when a government agent intrudes upon a sphere in which society recognizes “a reasonable expectation of privacy.” Implicit in this definition is an affinity for private papers such as letters and diaries. Creators of such media possess a reasonable expectation of privacy in their contents. Thus, when police seek to examine such documents to look for evidence of crime, they usually must obtain a search warrant. For the warrant to issue, the police must …

Desperate Retirees: The Perplexing Challenge Of Covering Retirement Health Care Costs In A Yoyo World, Richard L. Kaplan

Connecticut Insurance Law Journal

No abstract provided.

The Soldier Bears The Deepest Wounds And Scars Of War: Mobilizing Connecticut To Implement A Veterans Treatment Court Note, Rosendo Garza, Jr.

Connecticut Law Review

The first Veterans Treatment Court (“VTC”) opened in 2004 and aimed to help veterans who ran afoul of the law. These problem-solving courts not only serve to treat the underlying issues many veterans suffer post-military service, but also hold veterans accountable. As a consequence of their incredible results, there are now over one hundred VTCs across the nation. Connecticut has none. This Note urges Connecticut to establish a VTC.

Limits On The Perfect Preventive State, Michael L. Rich

Connecticut Law Review

Traditional methods of crime prevention—the punishment of the culpable and the preventive restraint of the dangerous—are slowly being supplemented and supplanted by technologies that seek to perfectly prevent crime. For instance, the federal government is developing in-car technology that would prevent vehicle operation when a driver has a blood alcohol level in excess of the legal limit. Less directly, the anticircumvention provisions of the Digital Millennium Copyright Act of 1998 try to prevent copyright infringement by eliminating technologies that enable such infringement. Such structural regulation of private conduct is not new, but few scholars have focused on its use to …

Mental Illness And The Second Amendment Symposium Article, Clayton E. Cramer

Connecticut Law Review

In the past, American laws seldom attempted to regulate the possession of firearms by the mentally ill. This surprising tradition has waned following a recent series of highly-publicized mass murders that were committed by persons who were identifiably mentally ill before the crime occurred. These tragedies have focused attention on the question of how a free society should handle the conflict between the Second Amendment’s “right of the people” and the needs of public safety. This Article examines why mental healthrelated firearm regulations suddenly became necessary, analyzes the attendant conflicts between civil liberties and public safety, and suggests some strategies …

Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote

Chapters in Books

Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …

In Brief

In Brief

Table of Contents

• A Conversation with Our Interim Deans
• Is Obamacare Still About Health Insurance?
• LLM Alum Appointed as Judge of the High Court in Uganda
• Law School Moves Up in U.S. News Ranking
• Science to Market
• Interim Dean Michael Scharf and Law Alum Danielle Fritz (LAW '13) Work to End Atrocities in Syria
• Law School's Employment Numbers Rise
• Bus Rider to Justice: A Conversation with Fred Gray
• Ohio Supreme Court Accepts Appeal Brought By Law School Students
• Law School Recognizes Organizations, Individuals...
• Global Chairman & CEO of EY to Speak at Law School Commencement
• Distinguished Law Graduate and International …

Doc 2013-05 Proposal To Rename The Department Of Visual Arts, University Of Dayton. College Of Arts And Sciences. Office Of The Dean

Senate Documents

Legislative authority. Senate Constitution II.B.1.a. Also see Senate Document 2012-08 "Department Proposal Process"

An Evaluation Of The Effects Of The Legalization Of Marijuana In Colorado And Washington From An International Law Perspective, Apama Bushan

Canada-United States Law Journal

The legalization of marijuana in the states of Colorado and Washington has raised issues that the international community has not previously been forced to consider. Through examining relevant state laws, current federal legislation and applicable international agreements, this Note will outline the legal ramifications that the legalization of marijuana in Colorado and Washington could have both nationally and internationally. This Note will further evaluate all reasonable alternatives available to the United States in meeting the requirements mandated of it by the international agreements it is party to.

Regulation 55 And The Rights Of The Accused At The International Criminal Court, Susana Sácouto, Katherine Cleary Thompson

Human Rights Brief

No abstract provided.