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Front Matter

Michigan Journal of International Law

No abstract provided.

Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford

Michigan Journal of International Law

At a time of U.S. budget cuts, popularly known as the “sequester,” court systems across the nation are facing financial shortfalls. Small claims courts are no exception. Among the worst hit states is California, which is suffering staffing cutbacks that result in long delays prompting consideration of the old maxim, “justice delayed is justice denied.” Similar problems, albeit on a larger scale, are evident in other nations including India where the Law Commission has argued that the millions of pending cases combined with the lagging uptake of technological best practices has impeded judicial productivity, leading to “disappointment and dissatisfaction among …

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson

Campbell Law Review

No abstract provided.

Undergraduate And Graduate Course Descriptions, 2014 Spring, Wright State University

Course Descriptions

Wright State University undergraduate and graduate course descriptions from Spring 2014.

News/Publicity: 2014-03-05, Maud Gordon Holmes Arboretum Collections The White Fir, Buffalo State College

Maud G. Holmes Arboretum

Folder: Arboretum_1

Constitutional Principles In Substantive Criminal Law, Benjamin L. Berger

Osgoode Legal Studies Research Paper Series

Since Milsom’s famous dismissal of the “miserable history of crime in England,” criminal law has undergone a revolution in constitutional significance. The rise of rights constitutionalism as the heart of the modern liberal rule of law has given criminal law a new life in which it is subject to substantial justice-based innovation through appeal to the internal and basic norms of the legal system itself. Far from the marginal and exceptional status once ascribed to it by Milsom, this chapter argues that criminal law is now best understood and approached as a species of constitutional reflection. Substantive criminal law has …

Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Valerie Crystal, Shin Imai, Bernadette Maheandiran

Osgoode Legal Studies Research Paper Series

This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company. While first generation law and development reforms have facilitated foreign mining in Guatemala, “second generation” reforms have not yet provided a meaningful way of addressing conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. The corporate social responsibility mechanisms applicable to the mining company cannot provide enforceable orders. Canadian courts have been reluctant to permit law suits against Canadian …

R V. Ns: What's Fair In A Trial? The Supreme Court Of Canada's Divided Decision On The Niqab In The Courtroom, Faisal Bhabha

Osgoode Legal Studies Research Paper Series

In 2008, a woman entered an Ontario courtroom to give evidence at a preliminary inquiry involving childhood sexual assault charges against her uncle and cousin. She sought to testify while wearing a niqab, a garment that conceals the entire head and face, leaving only an opening for the eyes. The court was asked to decide the novel question whether it could accommodate the Muslim veil in a system of justice that provided the accused with a right to face his accuser. The Supreme Court of Canada divided three ways, with justices disagreeing deeply both about the analysis for determining whether …

Justice As A Rounding Error? Evidence Of Subconscious Bias In Second-Degree Murder Sentences In Canada, Craig Jones, Micah B. Rankin

Osgoode Legal Studies Research Paper Series

There are few areas of law that grant judges as much discretion as the sentencing of criminal offenders. This discretion necessarily leads to concerns about the influence of biases, including those that result from subconscious processes associated with human cognition; that is to say, “heuristics”. In this article, the authors explore one heuristic – “number preference” – through an examination of all reported second degree murder parole ineligibility decisions between 1990 and 2012. Number preference leads individuals to predictably “round off” measurements to certain favoured numbers. The authors identify a tendency for parole ineligibility decisions to “cluster” around even numbers …

Criminalization Of Polygamy In Canada: Historical, Legal And Sociological Analysis, Washi Ahmed

Osgoode Legal Studies Research Paper Series

The Canadian Criminal Code criminalizes the act of polygamy pursuant to s.290, and bigamy (another act which is similar to polygamy) pursuant to s.293 under the assumption that such practices have an adverse impact on women and children. However, the history of the criminalization of polygamy in Canada suggests that it was enacted deliberately to marginalize a particular minority group. This paper is divided into four chapters. Chapter I discusses the historical background of polygamy and indicates that the criminalization of polygamy in Canada was an adoption of the American legal approach to Mormonism. Chapter II analyzes the provisions of …

What Is Access To Justice?, Trevor C. W. Farrow

Osgoode Legal Studies Research Paper Series

Access to justice is the most pressing justice issue today. It has recently and very quickly become the major focus of attention of essentially all stakeholders in the legal community – governments, regulators, judges, bar associations, researchers and educators. And it needs also to become an increasing topic of attention for those who use the system – the public. But with all of this new attention, do we really know what we are talking about? What does the phrase "access to justice" mean, particularly from the perspective of the public? Primarily through a series of qualitative interviews, this study looks …

Illicit Natural Resource Exploitation By Private Corporate Interests In Africa's Maritime Zones During Armed Conflict, James Tsabora

Natural Resources Journal

In periods of war, African states experience great difficulty in defending maritime zones from criminality because the legal and institutional infrastructure, which guarantees the safety and security of the zones, is often highly compromised. Major maritime commercial corporate interests are exploiting economic opportunities that arise in these compromised coastal states due to war. Some of the most common exploitations of marine resources are illicit fishing, extraction of minerals, and illegal dumping of toxic substances in the territorial waters of maritime states. Such unlawful exploitation is detrimental to Africa’s economic integrity and well-being. Corporate accountability for these criminal activities would guarantee …

Substantive Habeas, Kimberly A. Thomas

American University Law Review

No abstract provided.

Alcohol Use Disorders And Antiretroviral Therapy Among Prisoners With Hiv/Aids In Argentina, Michael Drake Alpert

Yale Medicine Thesis Digital Library

While Argentina has significantly improved access to HIV care and antiretroviral therapy (ART) for both the general population and prisoners, the prevalence of alcohol use disorders (AUDs) among HIV-infected prisoners and their relationship to accessing ART in Argentina is currently unknown. This study aims to characterize the substance abuse patterns of HIV-infected prisoners in Argentina and to assess the independent correlates of receipt of pre-incarceration ART.

An anonymous, cross-sectional survey of 100 HIV-infected federal prisoners was conducted in the Buenos Aires municipality from July-December 2010. AUDs were assessed using the AUDIT scale.

A majority (63 per cent) of participants met …

Contemporaneous And Lagged Effects Of Life Domains And Substance Use: A Test Of Agnew's General Theory Of Crime And Delinquency, Fawn T. Ngo, Raymond Paternoster

Criminology Sarasota Manatee Campus Faculty Publications

This study presents a partial test of Agnew’s general theory of crime and delinquency. Relying on a sample of adolescents and employing measures of the self, family, school, and peers domains, this study examines the contemporaneous and lagged effects of these four life domains on the likelihood of consuming alcohol and using marijuana. This study also assesses the contemporaneous and lagged effects of the life domain variables on themselves and on one another. Overall, the results lend support for Agnew’s general theory. The results also reveal several notable puzzles and underscore the complexity of this potentially important contemporary theoretical perspective.

2014-2015 Southern Illinois University Bulletin Carbondale Campus (Graduate Catalog), Southern Illinois University Carbondale

SIU Bulletins and Course Catalogs Archives

No abstract provided.

2014-2015 Southern Illinois University Bulletin Carbondale Campus (Undergraduate Catalog), Southern Illinois University Carbondale

SIU Bulletins and Course Catalogs Archives

No abstract provided.

The Punishment Agenda In The Courts, Debra Parkes

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

This paper critically examines the potential of prisoner litigation in Canada to shed light on what U.S. Supreme Court Justice Anthony Kennedy has called “the hidden world of punishment”. It considers whether prisoners’ rights litigation can act as a meaningful legal check on the growing punishment agenda in Canada. The paper begins with a brief description of some aspects of the punishment agenda before moving on to consider case law under the section of the Canadian Charter of Rights and Freedoms which speaks directly to punishment and its limits, the section 12 right to be free from “cruel and unusual …

A Dedication To Andrew E. Taslitz: "It's All About The Egyptians," And Maybe Tinkerbell Too, Stephen E. Henderson

Oklahoma Law Review

No abstract provided.

Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson

Oklahoma Law Review

“Secrets are lies. Sharing is caring. Privacy is theft.” So concludes the main character in Dave Egger’s novel, The Circle, in which a single company that unites Google, Facebook, and Twitter—and on steroids—has the ambition not only to know, but also to share, all of the world’s information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented, massive collection and retention …

Cause To Believe What? The Importance Of Defining A Search's Object—Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program, Christopher Slobogin

Oklahoma Law Review

Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the “mere evidence rule” in the 1960s, however, they have rarely examined how these central Fourth Amendment concepts interact with the “object” of the search. That is unfortunate, because this interaction can have significant consequences. For instance, probable cause to believe that a search “might lead to evidence of wrongdoing” triggers a very different inquiry than probable cause to believe that a search “will produce evidence of criminal activity.” The failure to address the constraints that should be imposed on …

Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz

Oklahoma Law Review

No abstract provided.

Light In The Darkness: How The Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald

Oklahoma Law Review

No abstract provided.

The Aba Standards For Criminal Justice: Law Enforcement Access To Third Party Records: Critical Perspectives From A Technology-Centered Approach To Quantitative Privacy, David C. Gray

Oklahoma Law Review

No abstract provided.

Ubiquitous Privacy, Thomas P. Crocker

Oklahoma Law Review

No abstract provided.

Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew G. Ferguson

Oklahoma Law Review

Before moving on to my contribution about how the growing reliance on big data analytics may necessitate a slight modification to the ABA Standards on Law Enforcement Access to Third Party Records (LEATPR Standards), I would like first to pay a few compliments to the drafters of the LEATPR Standards for producing such a systematic, thoughtful, and elegant framework for considering Fourth Amendment freedoms. As anyone who writes about or teaches the Fourth Amendment knows, the doctrine remains a theoretical muddle. Yet, despite a minefield of conflicting precedent, the drafters of the LEATPR Standards have managed to construct a defensible …

Been There Done That: With The Zimmerman Verdict, History Repeats Itself, Lori Latrice Martin

Faculty Publications

No abstract provided.

Trayvon Martin, Race, And American Justice: Writing Wrong, Kenneth J. Fasching-Varner, Lori L. Martin, Katrice A. Albert, Rema E. Reynolds

Faculty Publications

Trayvon Martin, Race, and "American Justice": Writing Wrong is the first comprehensive text to analyze not only the killing of Trayvon Martin, but the implications of this event for the state of race in the United States. Bringing together contributions from a variety of disciplines and approaches, this text pushes readers to answer the question: "In the wake of the killing of Trayvon Martin, and the acquittal of his killer, how post-racial can we claim to be?" This collection of short and powerful chapters is at times angering and at times hopeful, but always thought provoking, critical, and poignant. This …

Introduction: Writing Wrongs In Post-Racial American Justice, Kenneth J. Fasching-Varner, Lori L. Martin, Katrice A. Albert, Rema E. Reynolds

Faculty Publications

No abstract provided.

From Sticks To Flowers: Guidelines For Child Protection Professionals Working With Parents Using Scripture To Justify Corporal Punishment, Victor I. Vieth

William Mitchell Law Review

No abstract provided.