Digital Commons Network^™

A Jury For Israel: Determining When A Lay Jury System Is Ideal In A Heterogeneous Country, Steven J. Colby

Cornell International Law Journal

No abstract provided.

Dynamics Of The Courtroom Workgroup, Paige Chretien

Honors Projects

The roles and responsibilities of the various members included in the courtroom workgroup were evaluated in determining the prevalence of ordinary injustices. The dynamics among such members were found to be the basis under which lax adversarialism, and ultimately injustice within the criminal justice system, dominates. Prosecutorial discretion and inadequate public defense systems were observed to compromise justice on several occasions.

Criminalizing Kleptocracy? The Icc As A Viable Tool In The Fight Against Grand Corruption, Ben Bloom

American University International Law Review

No abstract provided.

Autores Dominicanos De La Diáspora: Apuntes Bio-Bibliográficos (1902-2012), Sarah Aponte, Franklin Gutiérrez

Publications and Research

Reference work devoted to Dominican writers that have published outside the Dominican Republic, or the Diaspora. Includes a biography and bibliography of established and emerging writers as well as a significant number of self-published authors, ranging from 1902 to 2012. This essential reference work for Dominican Studies received the Medina Award at the 2014 SALALM Conference.

R. V. Ryan And The Principle Of Moral Involuntariness, Kimberley Crosbie

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

In 2013, the Supreme Court released its decision in R. v. Ryan. The Court overturned an acquittal that Ms. Ryan had secured at trial based on the defence of duress. She had been charged with counselling the commission of an offence, namely, attempting to hire someone to kill her ex-husband. At trial, her defence succeeded because the trial court — and later the Nova Scotia Court of Appeal — found that her husband had subjected her to a reign of terror during their relationship and she feared for her life, and her daughter’s. In this situation, the courts below held, …

A Positive Future For Section 7?: Children And Charter Change, Alison M. Latimer

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

It has been more than a decade since Justice Arbour’s dissenting judgment in Gosselin, the first and only Supreme Court of Canada judgment recognizing positive rights under section 7. The jurisprudence that has developed in the intervening years presents some challenges to pursuing such a claim today. Yet the author offers the view that because of the special vulnerability of children, their capacity for development and the state’s treatment of children in other contexts, recognition of positive rights for children is consistent with Canada’s legal/political traditions, current laws and jurisprudence. Childhood, the refore, may well be the “special circumstance” necessary …

Trafficking In Information: Evaluating The Efficacy Of The California Transparency In Supply Chains Act Of 2010, Alexandra Prokopets

UC Law SF International Law Review

The California Transparency in Supply Chains Act of 2010 (CTSCA) took effect in January 2012. It was designed in an effort to eradicate forced labor and human trafficking in business supply chains, which the legislature recognized as violations of state, federal, and international law. The CTSCA does not forbid the sale of goods produced through trafficked labor. Instead, the CTSCA asks companies to disclose their labor practices to consumers in order to allow buyers to differentiate companies based on their efforts to supply products free from slavery and trafficking, which will in turn inform consumers' purchasing decisions and drive companies …

2014-2015 Nova Southeastern University Undergraduate Student Catalog, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

Undergraduate Student Catalog 2014-2015, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

2013-2014 Annual Student Assessment Report, Southwestern Oklahoma State University

Assessment Center Reports

Annual Student Assessment Report produced by the SWOSU Assessment Center

International Criminal Law For Retributivists, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

Responding to the proliferation of international criminal tribunals during the last two decades, scholars have engaged in a rich debate about the normative foundations of international criminal law (“ICL”). The retributive theory of punishment--which justifies punishment based on the culpability of the accused, rather than by reference to its social benefits--has met with significant skepticism in these discussions. Some have argued that unique features of international criminal justice--for example, the extreme selectivity of punishment or the lack of certain social or political preconditions--are a poor match for retributive theory. Others have ignored retributivism altogether, or afforded the theory only passing …

Confrontation And The Re-Privatization Of Domestic Violence, Deborah Tuerkheimer

Michigan Law Review First Impressions

When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution of domestic violence predictably suffered as a result. But commentators at the time did not anticipate how the Court’s subsequent Confrontation Clause cases would utterly misconceive the nature of domestic violence, producing a flawed understanding of what constitutes a “testimonial” statement. Although the Court’s definition was especially problematic in the domestic violence context, its overly rigid approach finally became intolerable in Michigan v. Bryant, a 2011 case that did not involve domestic violence. In Bryant, the Court resurrected a public–private divide that …

Gender-Conscious Confrontation: The Accuser-Obligation Approach Revisited, Michael El-Zein

Michigan Journal of Gender & Law

The Supreme Court’s recent Confrontation Clause decisions have had a dramatic effect on domestic violence prosecution throughout the United States, sparking debate about possible solutions to an increasingly difficult trial process for prosecutors and the survivors they represent. In this Note, I revisit and reinterpret the suggestion by Professor Sherman J. Clark in his article, An Accuser-Obligation Approach to the Confrontation Clause,1 that we should view the Confrontation Clause primarily as an obligation of the accuser rather than a right of the accused. Specifically, I reevaluate Clark’s proposition using a gendered lens, ultimately suggesting a novel solution to the problem …

Training Curriculum: Human Resources And Administrative Investigations (Facilitator’S Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Kathy Dennehy, A.T. Wall, Lorie Brisbin, Susan Carle, Richard Ugelow, Lisa Capers, Aaron Aldrich

Research Reports & White Papers

The enclosed Human Resources and Administrative Investigations curriculum was developed by the Project on Addressing Prison Rape at American University, Washington College of Law as part of contract deliverables for the National PREA Resource Center (PRC), a cooperative agreement between the National Council on Crime and Delinquency and the Bureau of Justice Assistance (BJA). The Prison Rape Elimination Act (PREA) standards served as the basis for the curriculum’s content and development, with the goal of the Human Resources and Administrative Investigations curriculum to satisfy specific PREA standards requirements.

It is recommended that the Human Resources and Administrative Investigations curriculum be …

Fighting Fire With Fire: Technology In Child Sex Trafficking, Mary Graw Leary

Scholarly Articles

The scourge of child sex trafficking is as complex as it is alarming. It is speculated that the “Triple A Engine” effect of the Internet (Affordability, Access, and Anonymity) plays a role in the sex trafficking of children. For example, much media coverage and political action has recently taken place regarding online ad sites such as backpage.com facilitating child sex trafficking. However, as with many aspects of child sex trafficking, obtaining actual measurements and hard data is challenging due to the nature of the crime, the lack of a uniform description, and inherent under-reporting. That is why Microsoft Corporation awarded …

Barrock Lecture: Sentencing And Prior Convictions: The Past, The Future, And The End Of The Prior-Conviction Exception To Apprendi, Nancy J. King

Marquette Law Review

Barrock Lecture given at Marquette University Law School on November 18, 2013

Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato

Marquette Law Review

none

Complexity And Efficiency At International Criminal Courts, Stuart Ford

Emory International Law Review

The most persistent criticisms of international criminal tribunals are that they cost too much and take too long. Stuart Ford presents a new assessment utilizing complexity and efficiency. Ford's work reveals that even the least complex trial at the International Criminal Tribunal for the Former Yugoslavia (ICTY) is more complex than the average criminal trial in the United States, and that the trials completed by the ICTY thus far are the most complex set of related criminal cases to have ever been tried by any court. These conclusions highlight why it is misleading to compare the cost and length of …

Registered Pedophiles' Thoughts On The Efficacy, Justification, And Psychosocial Impact Of Sorna (Sex Offender Registration And Notification Act) And Their Sensitivity To Sexual And Non-Sexual Violence, Aviva N. Moster

Open Access Dissertations

This study investigated registered pedophiles’ (N = 121) thoughts on the efficacy, justification, and psychosocial impact of the Sex Offender Registration and Notification Act (SORNA) as well as examined these offenders’ views on sexual and non-sexual violence.

One thousand male pedophiles identified as medium (Tier II) or severe (Tier III) sex offenders were identified via the Internet through national public online sex offender registration databases. They were randomly selected from nine states around the country. The number of pedophiles chosen from each state was proportionate to the total number of sex offenders registered within those states.

A questionnaire was mailed …

Objecting To Race, Anthony V. Alfieri

Articles

No abstract provided.

Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks

Articles

No abstract provided.

The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby

Articles

No abstract provided.

Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock

Articles

The Guantánamo prosecution of Abd al-Rahim al-Nashiri, the alleged mastermind behind the deadly USS Cole bombing, highlights an unresolved issue in military commissions: whether the Confrontation Clause of the Sixth Amendment to the Constitution applies to bar hearsay statements of unavailable witnesses. While al-Nashiri's counsel recently moved for the military judge to take judicial notice that the Confrontation Clause applies, it is worth considering that the question may be framed differently. Rather than ask whether the Confrontation Clause applies in a military commission, we may ask whether a "testimonial statement" - the only kind of hearsay evidence that triggers the …

The Game Changer: How The P5 Caused A Paradigm Shift In Norm Diffusion Post-9/11, Catherine Moore

All Faculty Scholarship

This Commentary recognizes a policy shift across nations of favoring national security over human rights and argues that smaller states were influenced by the key international decision makers, the Permanent Five Members (P5) of the United Nations Security Council, via norm diffusion. In doing so, it offers an alternative theory for how and why human rights norms have consistently been violated in the pursuit of security. Oppressive regimes have used the term “counterterrorism” or “national security” to justify rights violations because they see larger powers allowing these violations. This Commentary contends that the P5 are responsible for beginning this phenomenon …

Maryland Practice Materials: A Selective Annotated Bibliography, Adeen Postar, Khelani Clay

All Faculty Scholarship

This chapter is intended to cover Maryland Law in its entire complexity and for the most part is intended for current use by practitioners. Whenever possible, it includes references to online sources of material, including LexisNexis, Westlaw, and authoritative sites available on the Internet. We have not included references to WestlawNext as many Maryland specific materials have not been included there as this project was concluding in November 2011.

Unpunished Criminals: The Social Acceptablity Of White Collar Crimes In America, Joseph P. Martinez

Senior Honors Theses and Projects

White collar crime is a serious issue in the United States of America, responsible for an estimated $250 billion to $1 trillion in economic damages each year. White collar crimes include: bank fraud, blackmail, bribery, counterfeiting, credit card fraud, embezzlement, extortion, forgery, insider trading, insurance fraud, investment schemes, securities fraud, tax evasion, advanced fee scams, service and repair scams, as well as Ponzi & pyramid schemes just to name a few.

There are a number of factors to consider regarding crimes, both street and white collar level including: the total cost of the damages and ripple effects that will reach …

The Role Of American Culture In The Convergence Process Of International And United States Financial Accounting Principles, Umarbek U. Rabbimov

Senior Honors Theses and Projects

The aim of this study is to analyze the role of American culture in the process of the International Financial Reporting Standards and U.S. Generally Accepted Accounting Principles convergence.

Special Education In Michigan: Are Juveniles In Detention Being Properly Served?, Leah Miller

Brehm Scholars Research

This study is an investigation into the staff at Michigan juvenile detention facilities regarding awareness of and compliance with state and federal laws which involve the process for screening those suspected of having a disability, the programs and services offered to students with special needs, and larger issues that may be hindering progress in these areas. Directors and assistant directors of all of the detention facilities in the state of Michigan were sent an online survey, with the request that it be forwarded to all staff as well. Questions included those seeking basic demographic data, services available, staff qualifications, barriers …

Racial Residential Segregation And Social Control: A Panel Study Of The Variation In Police Strength Across U.S Cities, 1980–2010, Stephanie L. Kent, Jason T. Carmichael

Sociology & Criminology Faculty Publications

Despite a great deal of theoretical and empirical attention given to racial residential segregation and its influence on a number of social problems in the United States, few scholars have examined the role that this persistent form of racial inequality plays in shaping the magnitude of formal social control efforts. Our study examines this relationship by assessing the potential influence that the isolation of minorities may have on efforts to control crime in urban centers across the United States. Using a pooled time-series regression technique well suited for the analysis of aggregate, longitudinal data, we assess the potential influence of …

Therapeutic Jurisprudence, Barbara A. Babb, David B. Wexler

All Faculty Scholarship

Therapeutic jurisprudence, developed in the late 1980s, is a field of inquiry. It is a lens through which to examine the effects of substantive laws, legal rules, Iegal procedures, and the behavior of legal actors, including judges, lawyers, court personnel, and service providers, on the psychological and emotional well·being of justice system participants, including the Iegal actors themselves. Therapeutic Jurisprudence is a perspective or framework, and its use suggests the need to conduct empirical research to determine whether outcomes resulting from the application of substantive laws, legal rules, and legal procedures and from the behavior of legal actors have therapeutic …