Digital Commons Network^™

A Call To Action—Examining Nepal’S Post-Conflict Strategy Toward Persons Accused Of Gross Human Rights Abuses, Jennifer Chiang

Fordham Law Review

   This Note analyzes Nepal’s attempts to establish accountability and the rule of law in the aftermath of its ten-year civil war. It compares Nepal’s treatment of persons implicated in gross human rights violations with the international human rights legal framework surrounding a state’s international obligations, particularly in its use of transitional justice mechanisms. It argues that Nepal’s failure to bring either administrative sanctions or criminal prosecutions against officials accused of human rights abuses—and its reliance instead on truth commissions—undermines the rule of law and violates the country’s international human rights obligations.

A Gate Forever Closed? Retiring Immigration Law’S Post-Departure Bar, Jonathan H. Ross

Fordham Law Review

   Immigration law’s “post-departure bar” destroys the jurisdiction of either an immigration judge or the Board of Immigration Appeals to hear a motion to reopen or reconsider filed by an alien who is no longer physically within the country. This Note examines the current conflict between the federal circuits regarding the post-departure bar and why the circuits that have decided to strike down the bar in the cases before them have ruled in line with certain trends present in recent Supreme Court immigration cases.

   Conflict between the circuits has arisen because the governing statute, the Illegal Immigration Reform and Immigrant Responsibility …

Navajo Peacemaking And Māori Restorative Justice: A Comparison Of Process And Procedure, Alethia Z. Fenney

Regis University Student Publications (comprehensive collection)

Due to the failure of some crime control approaches in law enforcement alternatives are being examined to determine their applicability in today's society. One of the approaches gaining criminological attention is "Navajo Peacemaking". another similar style of crime control is the Māori restorative justice process used in New Zealand. The purposed of this research study is to examine and compare these processes to determine their applicability as crime prevention tools in U.S. towns and cities. Walter Miller's Focal Concerns Theory was used to address the difference in motivation between mainstream culture and its subcultures. The results from this study demonstrated …

New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan

Marquette Elder's Advisor

McGuan's article examines the way legislatures have amended their involuntary commitment statutes to allow for the more aggressive commitment of the mentally ill. The article discusses whether the definition of dangerous conduct in an Illinois amendment deprives a mentally ill person of a fundamental liberty interest guaranteed by the Constitution. The article begins with an overview of mental health law in the United States since World War II, followed by an analysis of the constitutionality of the Illinois amendment.

Lawyer: Summer 2012, Seattle University School Of Law

Lawyer

• Finally Free: International Human Rights Clinic Secures Release for Man Unjustly Imprisoned in Mexico
• Law Students Advise High Schoolers in City’s First Youth Traffic Court
• Janis Puracal Devoted to Freeing Her Brother from Nicaraguan Prison
• A Twin Passion for Teaching: Grads Take Their Legal Skills into the Classroom

Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield

Scripps Senior Theses

Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application …

School Of Law Commencement: May 5, 2012, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 5, 2012.

Temporal Shifts In Weapon Focus: Comparing Retrograde And Anterograde Effects, William Blake Erickson

Graduate Theses and Dissertations

When an eyewitness suffers an impairment of memory for a criminal's face because the criminal used a weapon during the commission of the crime, this impairment is called the weapon focus effect. Literature provides two explanations for how this effect arises: some implicate the narrowing of attentional cues to the weapon during the commission of a crime because arousal of the victim increases, while others claim that the weapon is merely a novel object in most everyday contexts, and novel objects demand more attention than contextually appropriate ones. The current study employed a simulated crime paradigm taking place in a …

Mid-Atlantic Ethics Committee Newsletter, Spring 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

Searching And Seizing After 9/11: Developing And Applying Empirical Methodology To Measure Judicial Output Inthe Supreme Court's Section 8 Jurisprudence, Richard Jochelson, Michael Weinrath, Melaine Janelle Murchison

Dalhousie Law Journal

In 2005, Margit Cohn and Mordechai Kremnitzer created a multidimensional model to measure judicial discourse inherent in the decision making of constitutional courts. Their model set out multiple indicia bywhich to measure whether the court acted within proper constitutional constraints in order to determine the extent to which a court rendered a decision that was activist or restrained. This study attempts to operationalize that model. We use this model to analyze changes in interpretation of search and seizure law under section 8 after the enactment of the Canadian Charter of Rights and Freedoms at the Supreme Court of Canada. The …

Nova Lawyer: 2011-2012 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center

Nova Lawyer

No abstract provided.

Constitutional Limits On The Right Of Government Investigators To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter

Scholarly Works

Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …

Juror Privacy In The Sixth Amendment Balance, Melanie Wilson

Scholarly Works

Some eight million citizens report for jury duty every year. Arguably, jury duty is one of the most significant opportunities to participate in the democratic process. For the accused, the jury acts as an indispensable safeguard against government overreaching. One might expect, therefore, that our justice system would treat putative jurors with care and tact. The opposite is true. During voir dire, potential jurors are required to share insights into their own lives, quirks, proclivities, and beliefs. Litigants have probed jurors’ sexual orientation, criminal histories, criminal victimization, health, family relations, and beyond. A few scholars have chided the system for …

A Better Balancing: Reconsidering Pre-Conviction Dna Extraction From Federal Arrestees, Joy Radice

Scholarly Works

Federal law mandates the collection of a biological sample from anyone arrested by federal authorities or facing federal charges, regardless of the charge. The FBI then creates a DNA profile from the sample and enters that profile into the Combined DNA Index System (“CODIS”), a national database through which law enforcement matches individuals and crime scene DNA evidence.

Part I of the essay briefly reviews the federal statute that authorizes pre-conviction DNA extraction and the Fourth Amendment principles that underlie the current constitutional challenges to it. Part II identifies the various, and sometimes competing, rationales offered to justify the constitutionality …

Your Lethal Injection Bill: A Fight To The Death Over An Expensive Yellow Jacket, Woody R. Clermont

St. Thomas Law Review

This article reviews in detail the history of capital punishment, and the United States' constitutional proscription of "cruel and unusual" punishment. Examined are the Magna Carta of 1215, English Bill of Rights of 1689, and various bills of rights of the early American colonies, as they were critical to the Drafters' enlightened understanding of corporal punishment, which eschewed the barbaric and inhumane and culminated in the Eighth Amendment's prohibition of "cruel and unusual" punishment. Included, also, is an examination of the early cases alleging Eighth Amendment violations, for they developed the judiciary's determination of whether certain methods of capital punishment, …

What States Should Do To Provide A Meaningful Opportunity For Review And Release: Recognize Human Worth And Potential, Gerard Glynn, Ilona Vila

St. Thomas Law Review

This article begins with a detailed analysis of the Court's mandate in Graham, followed by a review of the science that influenced the Court's decision and an analysis of what states have done so far to comply with the mandate. Then, the article explores existing parole rules, followed by a discussion on the challenges minors face in proving their ability to rehabilitate despite the prison system's complicity in preventing such development. Based on the foregoing discussion and analysis, the authors propose a model statute that states should consider adopting for purposes of implementing the mandates in the Graham opinion.

What You Have Said In The Dark: The Evolution Of Media In The Courtroom And The New Challenges Of Containing The Jury's Information Space, Charles Nesson

St. Thomas Law Review

The trial system is in a form of crisis. Recently, the United States Supreme Court effectively recognized that we no longer have a jury system. Instead, we have a plea bargaining system with the remote possibility of a jury trial at the very tail end of that system. Given the pervasiveness of sensational news stories, the option of settlement may appear more attractive to a litigant because it avoids the public display that often accompanies high-profile trials. This also serves a benefit to nervous judges who, without the stress of a trial, may avoid the onslaught of media pressure for …

No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker

Animal Law Review

As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the …

Military Commissions: A Place Outside The Law’S Reach, Janet Cooper Alexander

Saint Louis University Law Journal

No abstract provided.

Florida's Disregard Of Due Process Rights For Nearly A Decade: Treating Drug Possession As A Strict Liability Crime, Rachel A. Lyons

St. Thomas Law Review

This Article examines the United States Supreme Court's jurisprudence that constitutionally compels an analysis under the Due Process Clause for strict liability crimes, and how the Florida Legislature overstepped its due process limitations when it amended Florida's Drug Abuse Prevention and Control Law in 2002. Part I traces the evolution of mens rea in the criminal justice system. Part II provides a history of Florida's Drug Abuse Prevention and Control Law. Part III discusses the recent constitutional challenges to Florida's Drug Abuse Prevention and Control Law. Part IV explains why the United States Supreme Court cases addressing strict liability crimes …

It's Time For A Good Hard Look In The Mirror: The Corporate Law Example, John A. Barrett, Jr.

Fordham Journal of Corporate & Financial Law

This Article asserts that the move from the industrial age to the

information age represents a fundamental change to our society on

such a widespread basis that the legal order must reexamine the

premises about how our society functions, assessing whether

foundational elements of U.S. Common Law remain valid. This

Article first confronts briefly the continuing acceptance of certain

foundational premises in contract and intellectual property law,

illustrating that such premises are no longer supported by the

realities of modern society. With fundamental change challenging

multiple areas of law in the information age, this problem is worthy

of widespread inquiry …

A New Model Of Procedural Justice: Legal Legitimacy, Legal Cynicism, And Satisfaction With Government Officials, Lindsey R. Phelan

Master's Theses and Capstones

The alternative model of legal socialization proposes that legal legitimacy and legal cynicism mediate the relation between procedural justice and rule-violating behavior (Triter, 2012). In contrast, the direct model of procedural justice proposes that procedural justice predicts satisfaction with government (Tyler, 1988). The current study tested these models using secondary analysis of data collected in Eastern and Western Europe during the 1990s. The present study tested two competing hypotheses: legitimacy and cynicism would mediate the relation between procedural justice and satisfaction with government officials (alternative model) and procedural justice would predict satisfaction (direct model). Results indicated that procedural justice predicted …

Domestic Servitude: A Contemporary Form Of Slavery, Roza Pati

Intercultural Human Rights Law Review

Remarks by Roza Pati, Professor of Law & Executive Director of LL.M. / J.S.D. Program in Intercultural Human Rights entitled "Domestic Servitude: A Contemporary Form of Slavery".

Dayton Lawyer, Winter 2011-12, University Of Dayton

Dayton Lawyer

No abstract provided.

Lawyer: Winter 2011-2012, Seattle University School Of Law

Lawyer

• Lawmakers Leave Politics Out of the Classroom
• Freedom Restored: Professor and Students Help Transformed Man Win Clemency
• Law School’s Full-Tuition Scholars Work to Effect Societal Change
• Graduate Fights for the Rights of Accused War Criminal

Guantánamo Bodies: Law, Media, And Biopower, Cary H. Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …

Using John Grisham's The Innocent Man To Create A Significant Learning Experience For Undergraduate Students In A Psychology And The Law Course, Emily Stark

Psychology Department Publications

Imagine a man, suffering from alcoholism and schizophrenia, drifting through his small town, known mostly for getting thrown out of bars. When a graphic murder occurs, this man’s name gets linked to the victim, and police focus on him as a suspect. Although there is no evidence against him, a combination of poor police work and a town’s desire for closure lead to this innocent man being convicted of the crime and sentenced to death. Down to his last appeal, after spending 12 years on death row, a fair and honest judge is finally convinced to take a closer look …

Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala

Graduate Doctoral Dissertations

The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered …

Working With Kf Modified: Changes And Enhancements, F. Tim Knight, Humayun Rashid, Darren J. Furey

Librarian Publications & Presentations

Provides an overview of the KF Modified classification scheme, introduces some recent editorial changes and enhancements, and includes some interactive cataloguing exercises.