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Lawyer: Fall 2014, Seattle University School Of Law

Lawyer

•Thinking it Through: Cliff Villa writes about trip to Philippines
•A Heart for Mentoring: Catherine Romero ’96 nurtures Latina/o students
•Making an Impact: Brian Howe ’09 inspires social entrepreneurs

The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook

School of Information Sciences Faculty Research Publications

This dissertation proposes, exemplifies, and validates the usage of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. CSCO is defined as course-subjects taught in the same academic year by the same teacher. This work is premised on the assumption that in the aggregate and for reasons of efficiency, faculty members teach course-subjects that are topically similar to one another. To exemplify and validate CSCO, more than 112,000 CSCO events were extracted from the annual directories of the American Association of Law Schools covering nearly eighty years of law school teaching in the United States. The CSCO …

Sentencing Inequality Versus Sentencing Injustice, Melanie Wilson

Scholarly Works

No abstract provided.

School Of Law Commencement: May 10, 2014, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 10, 2014.

Defaults And Choices In The Marriage Contract: How To Increase Autonomy, Encourage Discussion, And Circumvent Constitutional Constraints, Andrew Blair-Stanek

Touro Law Review

No abstract provided.

Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand

PhD Dissertations

The purpose of the study was to develop a Cultural Analysis Tool (CAT). The CAT consists of specific thematic questions that can serve as a cultural and equity analysis instrument for practitioners to use in the implementation of Ontario’s civil mental health laws. The rationale behind creating the CAT is based on research suggesting that ethno-racial people with mental health disabilities experience inequities and differential outcomes while interacting with Ontario’s civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools …

Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau

PhD Dissertations

The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …

Slipping Between Danger, Pleasure And The Law: Thoughts On Three Recent Books Addressing Sexuality., Ummni Khan

Dalhousie Law Journal

Sexuality is slippery. It slips, for example, between pleasure and danger, between surrender and repression, and between force (the kind that turns some of us on) and violence (the kind that terrorizes us). It can be a site of intense oppression and unwanted objectification, and also ofempowerment and affirming desirability. In this review, I address three recent books that reckon with the ambivalence of sexuality in relation to the law and regulatory practices.

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann

Political Science Faculty Research

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.

Dayton Lawyer, Spring 2014, University Of Dayton

Dayton Lawyer

No abstract provided.

No Blood In The Water: The Legal And Gender Conspiracies Against Countess Elizabeth Bathory In Historical Context, Rachael Leigh Bledsaw

Theses and Dissertations

This thesis explains and discusses the conspiracies reported against the Hungarian noblewoman, Countess Elizabeth Bathory, regarding her confinement and the arrest of her accomplices in December 1610. The conspiracies state that the Countess was unjustly targeted and charged not because she was guilty of the deaths of several dozen girls from torture, but because she represented a threat to the Hapsburg Empire due to her wealth, her political influence, and her widowhood. This thesis explores the rationality of these two conspiracies using historical context regarding the position of noblewomen in Central and Eastern Europe and the function and use of …

Terrorism, International., Jibey Asthappan

Criminal Justice Faculty Publications

International terrorism is a relatively new phenomenon considering the age of terrorism. Terrorism has been used for over 2,000 years, but international terrorism as we know it today was made possible by technological advances. This entry begins by reviewing pivotal historical events that led to terrorism's use, as well as the underlying reasons for terrorism today. The article then discusses the influence of political stability and culture on international terrorism. Finally, a brief discussion of counter-terrorism strategies highlights the means by which terrorism is prevented.

Over There: Teaching International And Comparative Law At West Point, Robert J. Goldstein

ILSA Journal of International & Comparative Law

The 2013 International Law Weekend panel discussion, "Teaching International Law Outside Law Schools," was considered by many present to be a novel reflection on the challenges of transplanting a law school-level course in international law to non-law students.

Hegemonic Masculinity And Misconceptions Of Gender And Mental Health In Violent Criminality, Mina Dailami

Honors Papers

The present research investigates how masculine dominance in the criminal justice system is upheld through misleading media representations of violent criminality in women as predicated upon masculine traits or mental illness and masculine Identity Protection Cognition (which demonstrates the how implicit social information influences an individual to make judgments in favor of protecting their own socially dominant group). Responses to an online survey of 413 participants demonstrated that overall participants assumed men to be more likely than women to engage in violent action, and violence in men was judged to be a function of power, whereas violence in women was …

Diminished Returns: The Exorbitance Of Collecting Dna From All Arrestees, Carlos Jordi

St. Thomas Law Review

This comment will examine the effects of a criminal justice system where DNA is collected from everyone who is arrested, regardless of the seriousness of the charge. Part L.A will begin with an analysis of King to provide an understanding of how the Supreme Court decision may permit states to collect DNA from all arrestees. DNA is used in the criminal justice system because of its ability to effectively identify people. Part I.B discusses DNA science and provides a cursory understanding of how information is gathered from an individual's genetic code. Part I.C displays how law enforcement uses DNA for …

Poetry, Mercy, And The Phenomenology Of Justice, Benjamin L. Berger

Osgoode Legal Studies Research Paper Series

What would a phenomenology of justice look like and what role would mercy play in that account? The unruly experiences and lives of the individuals and communities wrapped up in the dramas of justice are paradoxically distant from legal and philosophical reasoning, laundered by rules of evidence for the instrumental exigencies of the former, and frequently effaced by the disciplinary conventions of the latter. One casualty of these habits of reflection is our understanding of the role of mercy in the experience of justice. Wanting to recapture space to imagine the role of mercy in justice, this paper makes an …

2013 State Legislative Review, Cameron Taylor

Animal Law Review

No abstract provided.

Why Does Florida Have Public Defender Elections, Zachary Phillips

St. Thomas Law Review

The Sixth Amendment to the Constitution guarantees that anyone within the borders of the United States who is accused of a crime will have effective assistance of counsel. The Supreme Court of the United States has deemed this principle as so fundamental to our society that it is mandated in all criminal trials. The public defender system was implemented by every state to accomplish this noble goal. The state of Florida is different from all other states, with the exception of Nebraska, Tennessee, and parts of California, in its implementations of this mandate. Florida uses an election process to determine …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, Table of Contents and Preface for St. Thomas Law Review Volume 26, Issue 3, Spring 2014.

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie Chuang

Scholarly Articles in Law Reviews & Journals

The U.S. government and influential NGOs have been promoting a greatly expanded legal and policy understanding of the problem of human trafficking, recasting forced labor as trafficking, and trafficking as "modern-day slavery." The aggregate effect is a doctrinally problematic "exploitation creep." For strong legal and policy reasons, anti-trafficking efforts should target struc- tural vulnerability to trafficking through strengthened labor frameworks. On the same grounds the article contests initiatives to conflate human trafficking with slavery and to address trafficking primarily under an ex post crime-control par- adigm focused on perpetrator accountability and victim protection.

Indefinite Detention As A Democratic Counterterrorism Policy, Jared L. Mcpherson

Browse all Theses and Dissertations

Indefinite detention is better defined as “detention without trial,” where the government has no plans for a prisoner’s arraignment, release, or deportation. While this policy has been used by democratic countries in the past and present, it appears to violate a core democratic concept—that of due process of law. This study examines US, British, and French counterterrorism efforts against al-Qaeda, the Provisional Irish Republican Army, and the Armed Islamic Group, to determine which factors are most likely to lead to the employment of indefinite detention. Based on case study analysis, it appears that (1) extraterritoriality and sovereignty, (2) the nature …

Women, Law, And Human Rights In Cameroon: Progress Or Status Quo?, Victoria M. Time

Sociology & Criminal Justice Faculty Publications

This paper assesses what progress there is in Cameroon regarding women’s statuses. Based on a qualitative strategy, the paper examines laws that are in place to address women’s plight in the country. The paper argues that while progress is being made on some levels, the status quo, that is, female marginalization is still entrenched in other facets. The paper advances recommendations for creating an egalitarian society.

The Role Of Law, Judicial Reform And The Protection Of Human Rights In Moldova And Transnistria, Judithanne Scourfield Mclauchlan

Intercultural Human Rights Law Review

This article will provide an overview of human rights violations in Transnistria, with an emphasis on the cases brought before the European Court of Human Rights. The role of human rights NGOs (such as Promo-LEX), reform-minded civil society, and the influence of the Russian Federation and the Republic of Moldova in the PMR will be explored. The current situation will be analyzed in the context of the resumption of the 5+2 negotiation, as well as the major judicial reform effort (the Strategy for Justice Sector Reform, 2011-2015) that the governing coalition in Moldova, formerly the "Alliance for European Integration" and …

A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn

Seattle University Law Review

The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …

Tales Of A Fourth Tier Nothing, A Response To Brian Tamanaha's Failing Law Schools, Lucille A. Jewel

Scholarly Works

This is a paper written in response to Professor Brian Tamanaha’s Failing Law Schools. Much of the book is laudable for highlighting the serious structural, policy, and moral issues confronting legal education today. However, I disagree with several of Professor Tamanaha’s ideas for reforming our system. In this paper, I write from the perspective of a tenured legal writing professor teaching at a for-profit fourth tier school, in fact, one of the schools that Tamanaha repeatedly implies are the problem and not the solution for the legal education crisis.

Part One addresses the idea, which dates back to 1921, that …

Trauma-Informed Approaches To Law: Why Restorative Justice Must Understand Trauma And Psychological Coping, Melanie Randall, Lori Haskell

Dalhousie Law Journal

Becoming trauma informed entails becoming more astutely aware of the ways in which people who are traumatized have their life trajectories shaped by the experience and its effects, and developing policies and practices which reflect this understanding. The idea that lawand, in particular the criminaljustice system, should be trauma informed is novel, and, as a result, quite underdeveloped. In this paper we advance the general argument that more effective, fair, intelligent, and just legal responses must work from a perspective which is trauma informed. We specifically apply this argument to legal work being carried out and developed under the rubric …

Ambivalent Sexism And The Law: The Myth Of Gender Equality, Jennifer Edgley, Dr. Niwako Yamawaki

Journal of Undergraduate Research

The women’s liberation movement of the sixties and seventies has ushered in several important social and political changes in the United States. Gender inequality, however, remains an enduring problem in various institutions (Lips, 2007). The theory of Ambivalent Sexism conceptualizes and may be the key to understanding the residual occurrences of gender inequality within social institutions. Theorists Glick and Fiske (1996) believe that prejudice, though traditionally considered to be antipathy towards a certain group (Allport, 1954), can contain both positive and negative features. They contend that sexism is not simply hostility towards women, but also subjectively positive behavior toward women. …

Contrition In The Courtroom: Do Apologies Affect Adjudication?, Chris Guthrie

Vanderbilt Law School Faculty Publications

Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to …

Does Brazil Have The Right To Truth?, Glafira A. Marcon

The Macalester Review

Brazil established its first truth commission in November 2011, which seeks to uncover the human rights abuses committed during the military dictatorship from 1964 to 1985. Although no international treaty or convention explicitly recognizes the right to truth, regional precedent suggests that it is a human rights norm. The Truth Commission faces the following barriers: the Amnesty Law protects perpetrators of human rights violations on either side of the conflict, tensions exist between the Brazilian Supreme Court and the regional human rights court, and politically strong military officials still present in the Brazilian government actively block the Truth Commission’s access …

Why Civil Gideon Won't Fix Family Law, Rebecca Aviel

Sturm College of Law: Faculty Scholarship

This Essay explains why we should hesitate before throwing full support behind a civil Gideon initiative for family law, regardless of how wholeheartedly we embrace the proposition that parental rights are as important as physical liberty. The comparable importance of these interests does not necessarily mean that custody disputes should have the same procedural character as criminal matters, as becomes evident upon exploring some of the social, emotional, and structural qualities that differentiate the two contexts. Enhancing access to justice in family law requires that we design custody dispute resolution systems that honor the constitutionally significant interests at stake while …