Digital Commons Network^™

The Fragile Promise Of Open-File Discovery, Ben Grunwald

Connecticut Law Review

Under traditional rules of criminal discovery, defendants are entitled to little prosecutorial evidence and are thus forced to negotiate plea agreements and prepare for trial in the dark In an effort to expand defendants' discovery rights, a number of states have recently enacted "open-file" statutes, which require the government to share the fruits of its investigation with the defense. Legal scholars have widely supported these reforms, claiming that they level the playing field and promote judicial efficiency by decreasing trials and speeding up guilty pleas. But these predictions are based largely on intuition and anecdotal data without extended theoretical analysis …

Agreeing In The Shadow Of The Policy: How Corporate Insurance Policies Impact The Resolution Of Governmental Investigations Into Corporate Crime, Beth Olsen

Connecticut Insurance Law Journal

No abstract provided.

Privacy In Public Spaces: The Reasonable Expectation Of Privacy Against The Dragnet Use Of Facial Recognition Technology, Mariko Hirose

Connecticut Law Review

Our society is steadily marching towards a world in which cameras equipped with facial recognition technology could be used to conduct constant and dragnet surveillance on people as they walk down the street. The law, as is usual in the field of privacy and emerging technologies, is lagging behind—no clear set of constitutional rules constrains law enforcement’s use of this powerful technology, especially because the prevailing axiom has been that there is no right to privacy in public spaces. This Article challenges the axiom and argues that the dragnet, realtime uses of facial recognition technology violates reasonable expectations of privacy.

Digital Surveillance And Preventive Policing, Manuel A. Utset

Connecticut Law Review

No abstract provided.

Cognitive Competence In Executive-Branch Decision Making, Anna Spain Bradley

Connecticut Law Review

The decisions Presidents and those operating under their authority take determine the course of our nation and the trajectory of our lives. Consequently, understanding who has the power and authority to decide has captured both the attention of legal scholars across a variety of fields for many years and the immediate worry of the public since the 2016 Presidential election. Prevailing interventions look for ways that law can offer procedural and institutional reforms that aim to maintain separation of powers and avoid an authoritarian regime. Yet, these views commonly overlook a fundamental factor and a more human one: the individuals …

Foster V. Chatman: A Missed Opportunity For Batson And The Peremptory Challenge, Nancy S. Marder

Connecticut Law Review

In 2016, the United States Supreme Court decided that the prosecutors in Foster v. Chatman exercised race-based peremptory challenges in violation of Batson v. Kentucky. The Court reached the right result, but missed an important opportunity. The Court should have acknowledged that after thirty years of the Batson experiment, it is clear that Batson is unable to stop discriminatory peremptory challenges. Batson is easy to evade, so discriminatory peremptory challenges persist and the harms from them are significant. The Court could try to strengthen Batson in an effort to make it more effective, but in the end the only way …

City Of Berlin, Nh Annual Report Fiscal Year July 1, 2016 To June 30, 2017., Berlin Town Representatives

Berlin, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Report, Collection Assessment: Political Science, 2017, Patricia C. Pettijohn, Camielle Crampsie

All-Library Assessments Reports, Summaries & Misc Reports

A report assessing library collections that support the political science program.

The Role And Experience Of Law Students And Law Schools In Clemency Project 2014, J.P. "Sandy" Ogilvy

Scholarly Articles

The response of lawyers to the call to volunteer with Clemency Project 2014 was phenomenal. More than 3000 individuals from over 800 law firms, law schools, and organizations reviewed more than 36,000 applications from federal prisoners who requested pro bono assistance in filing an application for commutation of sentence with the President. By the end of the Obama administration 2581 petitions were filed or supported by Clemency Project 2014. Of those, 894 applicants were granted commutations by President Obama.

This article looks at the response of the law schools and law students to the call for volunteers. The numbers are …

What Organizational Factors Influence Mental Health Treatment Allocation?, Rebecca A. Yazzie

Faculty Publications - College of Social Work

No abstract provided.

Canada And United States: Campus Sexual Assault Law & Policy Comparative Analysis, Aliza Lopes-Baker, Mathew Mcdonald

Canada-United States Law Journal

The article compares law and policy regarding the sexual assault in university campuses in Canada and the U.S., including campus policies which must identify the processes to be followed by administration when responding to, and addressing claims of, sexual assault or violence involving enrolled students, under federal laws, such as Title IX of the 1972 Education Amendments to the Higher Education Act of 1965.

From Law Versus Politics To Law In Politics: A Pragmatist Assessment Of The Icc's Impact, Geoff Dancy, Florencia Montal

American University International Law Review

No abstract provided.

Inmates, Incarcerated And In Love: Predicting How The United States Would Respond To Marriages Between Inmates By Evaluating Case Law And The United Kingdom’S Decision, Madison H. Kyger

University of Baltimore Journal of International Law

No abstract provided.

Constitutional Law - Tipping The Scale: Extending Scope Of Brady Application For The Sentencing Phase In Post-Conviction Cases - United States V. Hampton, 109 F. Supp.3d 431 (D. Mass. 2015), Natasha A. Desa

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Lessons On Political Speech, Academic Freedom, And University Governance From The New North Carolina, Gene Nichol

First Amendment Law Review

No abstract provided.

Wrongful Convictions And Their Causes: An Annotated Bibliography, Clanitra Stewart Nejdl

College of Law Faculty Publications

This Annotated Bibliography directs attorneys to relevant, select legal periodical articles written from 2010 to 2016 on wrongful convictions and their causes. The authors focus on five major causes that lead to wrongful convictions, as evidenced by the literature. Part I of the Annotated Bibliography focuses on resources that discuss false confessions as a cause of wrongful convictions. Part II discusses resources that address the role of police and prosecutorial practices, including misconduct, in wrongful convictions. Part III provides articles on eyewitness and jailhouse informant issues related to wrongful convictions. Part IV contains articles that deal with how forensic evidence …

The Local Rules Revolution In Criminal Discovery, Daniel S. Mcconkie Jr.

College of Law Faculty Publications

Over the last few decades, federal district court judges throughout the country have used local rules to greatly expand pretrial criminal disclosure obligations, especially for prosecutors. These local criminal discovery rules both incentivize prosecutors to act as ministers of justice and empower judges to manage prosecutorial disclosures. This quiet revolution is now well underway, and the time has come to amend the Federal Rules of Criminal Procedure to bring these innovations to all the districts. Commentators have long recognized that neither the Supreme Court precedent nor the Federal Rules effectively require prosecutors to provide the defense with enough discovery to …

Mass Shootings And Offenders' Motives: A Comparison Of The United States And Foreign Nations, Vanessa Terrades

ILSA Journal of International & Comparative Law

Forty-nine bodies laid lifelessly on the ground while many others laid beside them, covered in blood, pretending to be dead to save their lives from the gunman who opened fire in the night club.1 That was the scene at Pulse Night Club on June 11, 2016, which turned the enjoyment at a nightclub into a nightmare

Decisions That Declared Laws Unconstitutional And Their Impact On Japanese Families, Yuichiro Tsuji

ILSA Journal of International & Comparative Law

No abstract provided.

What Do I Do With The Porn On My Computer: How A Lawyer Should Counsel Clients About Physical Evidence, Rodney J. Uphoff, Peter A. Joy

Faculty Publications

For years, criminal defense lawyers and commentators have wrestled with thorny ethical and legal issues surrounding defense counsel's obligations with respect to handling items of physical evidence. Commentators have usually focused on the question of whether the lawyer should take possession of physical evidence of a crime as well as on counsel's obligations and options once the lawyer purposively or inadvertently comes into possession of such evidence. After discussing what the ethics rules and the law require concerning handling physical evidence, commentators have generally cautioned lawyers not to take possession of suspected contraband or possible evidence of a crime, except …

The View From Ventress - 2017, University Of Mississippi. College Of Liberal Arts

Liberal Arts Newsletters

Special Section: Higher Levels of Excellence. “Achievements and rankings reinforce our flagship status and are a testament to the value of our degrees, the impact of our research, and the competitiveness of our students, staff, and faculty. While they provide important benchmarks for our university, we remain committed to achieving even higher levels of excellence." -- Chancellor Jeffrey S. Vitter

Reforming The Law Of Rape, Stephen J. Schulhofer

Faculty Articles

In this Article, I undertake two distinct tasks. First, I want to discuss what the laws against sexual assault ideally should look like. But second, I also want to discuss rape law from the perspective of someone who has spent the past four years in the messy and frustrating work of legislative compromise, trying to design law reform that can be both progressive and enactable. There is an obvious contradiction in that regard. The goal is to pass reforms that move society and our criminal justice system in a progressive direction, to the place where society ought to be. But …

The Emerging American Police State: The Problem Is Not With The Police, But Higher Up, Wiiliam E. Nelson

Faculty Articles

This article argues that concern with reforming the police will not fully deter the emergence of an American police state or significantly reduce the misuse power of by law enforcement agencies. The police are not the problem; the problem is higher up. Undoubtedly, there are rogue police officers who commit heinous acts, up to and including murder. There are rogues in every occupation. Steps are needed to minimize the number of rogues, although they can never be entirely eliminated. It is far more important to pay close attention, not to occasional rogue police officers, but to the institutional structures and …

Speech - Memories, Judith Vogel, Bruce Hann, Julie Simanski, Barb Schmidt

Special Topic Papers

No abstract provided.

From Stop And Frisk To Shoot And Kill: Terry V. Ohio's Pathway To Police Violence, Devon W. Carbado

Faculty Articles

Much of the debate about race and police violence against African Americans center on a question about causation: What precisely causes police violence against African Americans? For some, the answer is decidedly simple: rogue police officers acting outside of the boundaries of the law. For others, the answer is far more complex and implicates a number of structural problems, including racial inequality. Typically, both accounts marginalize the role of law. The rogue cop story highlights bad apples, not bad laws; and the structural racial inequality story generally excludes or diminishes the role of law as a structural force that contributes …

Elder Law & Feminism: Moving Toward Equity In Aging, Emily M. Flesch

Student Scholarship

No abstract provided.

Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.

A Perpetrator’S Paradise: Outdated Sexual Assault Statutes Provide Minimal Protection To Survivors Who Are Victimized In Common Sexual Assault Scenarios, Becky Farley

Wyoming Law Review

No abstract provided.

Recalibrating The Federal Economic Crime Guideline: An Admiring Rejoinder To Judge Bennett And Friends, Frank O. Bowman Iii

Faculty Publications

I have read with the greatest pleasure the article on federal white-collar crime sentencing by U.S. District Judge Mark Bennett and Professors Justin Levinson and Koichi Hioki. They review the history of fraud sentencing in the Sentencing Guidelines era, offer a persuasive critique of some deficiencies in the current regime, present the results of their own survey of judicial attitudes toward sentencing a representative fraud case, and propose a series of useful prescriptions for change. Inasmuch as they are kind enough to cite my own work approvingly throughout the article, it will come as no surprise that I agree with …

Missouri*@!!?*@! - Too Slow, Mae Quinn

Journal Articles

When asked to share my thoughts at this symposium about contemporary human rights issues in domestic criminal law—and how they manifest in St. Louis, Missouri in particular—I could not help but think of these words. Nina Simone, the brilliant vocal artist and civil rights activist, wrote these lyrics over fifty years ago and then bravely and controversially sang them for a mostly-white audience at New York City’s Carnegie Hall following the 1963 shooting death of Medgar Evers.2 Evers was a military veteran who turned civil rights activist and organizer for the National Association for the Advancement of Colored People (“NAACP”) …