Digital Commons Network^™

Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman

Dalhousie Law Journal

What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …

Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin

Dalhousie Law Journal

In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.

Lawyer - Summer 2010, Seattle University School Of Law

Lawyer

• Professor Andrew Siegel Reflects on Justice Stevens
• A Bold Transformation: School of Law Annex Now Home to Thriving Skills Programs
• Reaching for Justice: Equal Justice Works Fellowship, Summer Programs Allow Public Interest Work
• Law School Establishes Pioneering Mental Health Court Clinic

"You Crossed The Fog Line!" - Kansas, Pretext, And The Fourth Amendment, Melanie Wilson

Scholarly Works

This article examines orders recently decided in the District of Kansas to show, circumstantially, that Kansas police are using "fog-line" traffic infractions as an excuse to stop out-of-state cars driven by people of Hispanic ethnicity and to investigate for drug trafficking. If a stop uncovers contraband, the defendant is charged with a crime, sometimes in federal court. At a subsequent hearing to evaluate a defendant’s motion to suppress the contraband, the officer testifies to his reason for the stop – “You crossed the fog line,” “drifted from your lane of travel,” or “failed to maintain a single lane.” The officer …

Did I Do That? An Argument For Requiring Pennsylvania To Evaluate The Racial Impact Of Medicaid Policy, Michael Campbell

Faculty Publications

No abstract provided.

School Of Law Commencement: May 8, 2010, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 8, 2010.

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

State Employment Protection Statutes For Victims Of Domestic Violence As An Employment Matter, Jennifer E. Swanberg, Mamta U. Ojha

University of Kentucky Center for Poverty Research Discussion Paper Series

Evidence indicates that domestic violence has negative consequences on victims’ employment; yet employers lag in recognizing this as a workplace issue. To address the problem, some states have established several policy solutions. To understand the scope of the public sector’s response to domestic violence as a workplace issue, a content analysis of state-level employment protection policies for domestic violence victims (N=369) was conducted. Results indicate three broad policy categories: 1) policies that offer work leave for victims; 2) policies that aim to reduce employment discrimination of domestic violence victims; and 3) policies that aim to increase awareness and safety in …

The Nova Southeastern Lawyer, 2010, Volume 12, Number 12, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Improbable Cause: A Case For Judging Police By A More Majestic Standard, Melanie Wilson

Scholarly Works

This article presents findings from an empirical study of judicial orders in one Midwestern federal district court over a twenty-four month period. The study analyzes trial court decisions to determine whether, as scholars often contend, judges consistently side with the prosecution when a defendant claims that the police lied during the criminal investigation of her case. The study also looks at the frequency with which defendants make such arguments, the types of case in which defendants claim police lies, and the strength or weakness of the evidence in cases that do and do not persuade trial judges that the police …

Private Oppression: How Laws That Protect Privacy Can Lead To Oppression, Teri Dobbins Baxter

Scholarly Works

This article explores the problems that can arise when laws protect the privacy of some individuals at the expense of others. These issues will be viewed through the lens of the controversial case of the children taken into state custody from the Yearning for Zion Ranch in Texas. Specifically, the article examines the allegations that led government authorities to intervene and remove the children from the Ranch and the difficulties that the government faces when such allegations are made against residents of isolated communities who have little interaction with the larger American society. The article will further demonstrate how privacy …

An Exclusionary Rule For Police Lies, Melanie Wilson

Scholarly Works

Although the Supreme Court has often said that truth is an imperative to justice, we now know that police officers, the key investigative component in our criminal justice system, lie. How often do the police lie? No one knows for sure. But credible reports of police lies are common.

Because our legal system treats the police as if they were impartial fact gatherers, trained and motivated to gather facts both for and against guilt, rather than biased advocates attempting to disprove innocence, which is the reality, the criminal justice system lacks the appropriate structure to expose and effectively deal with …

Ignoring The Court's Order: The Automatic Stay In Immigration Detention Cases, Raha Jorjani

Intercultural Human Rights Law Review

This article examines a regulation from which DHS derives a legal advantage in removal proceedings that significantly impacts the outcome of any deportation case. While several articles have provided a limited discussion on automatic stays in the greater context of mandatory and prolonged detention, the complexity and substantial impact of the automatic stay regulation merits a discussion devoted to it in its entirety. Part I of the article provides a general background to removal proceedings and bond hearings. Part II tells the story of Manuel who, as a result of invocation of the automatic stay, continued to be detained even …

An Essay On Legal Representation Of Non-Citizens In Detention, Michael J. Churgin

Intercultural Human Rights Law Review

The broad expansion of the detention of non-citizens by the federal government has been chronicled by Lenni Benson in her fine contribution to this symposium. The question I will address is one of legal representation for these detained individuals, while they are subject to immigration proceedings. The Supreme Court has noted that this adjudicatory process is civil and not criminal. While these persons may retain counsel, there is no provision for the routine appointment of counsel for those who are unable to afford lawyers. In addition, congressional action and subsequent practice has eliminated the availability of the largest provider of …

Blasphemy In Pre-Criminal Code Canada: Two Sketches, Jeremy Patrick

St. Thomas Law Review

Few people realize that Canada has a law against blasphemy, and even fewer realize that this prohibition extends as far back as the origin of the country. The text of Canada's Criminal Code's ("the Criminal Code") blasphemous libel provision, which was enacted in 1892, and the five reported cases arising under it, are the most relevant materials for understanding the legal concept of blasphemy as it exists in Canada today. However, these materials reveal little about how irreligious speech was treated by the criminal justice system prior to the advent of the Criminal Code. This article attempts to fill in …

O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

University of Richmond Law Review

No abstract provided.

Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black

Saint Louis University Law Journal

No abstract provided.

Qualitative And Quantitative X-Ray Diffraction Analysis For Forensic Examination Of Duct Tapes, Rebecca E. Bucht

Dissertations, Theses, and Capstone Projects

Duct tapes are an increasingly important class of forensic evidence. This research has studied the value of using x-ray diffraction (XRD) to extend the ability of evidence examiners to gain additional information about a duct tape specimen.

Duct tapes are composed of five different layers. Starting from the non-adhesive side, these layers are the release coating, backing, scrim, primer and adhesive. The release coating assists in reducing unwind tension and preventing the tape from sticking to itself when on a roll. The backing layer serves as a support for the adhesive, and is usually based on polyethylene. The scrim is …

Mapping The Issues: Public Health, Law And Ethics, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The field of public health is typically regarded as a positivistic pursuit and, undoubtedly, our understanding of the etiology and response to disease is heavily influenced by scientific inquiry. Public health policies, however, are shaped not only by science but also by ethical values, legal norms, and political oversight. Public Health Law and Ethics: A Reader (expanded and updated 2nd ed., 2010) probes and seeks to illuminate this complex interplay, through a careful selection of government reports, scholarly articles, and court cases together with discussion and analysis of critical problems at the interface of law, ethics, and public health. The …

Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg

Faculty Publications

Children, adult survivors, and their batterers who remain engaged in violence, even after they live apart, are living legacies of the historical perniciousness of domestic violence, a legacy that must change. True, over the past thirty years the politicization of domestic violence has raised public awareness, spurred legislative reforms, and propelled court innovations. However, the children, survivors, and batterers who still live domestic violence after divorce know all too well that all of our political advancements, legal victories, court innovations, and social awareness have not stopped the violence they live within their day-to-day lives. For many of these families, an …

The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami

Faculty Publications

The very first time that I taught criminal law, I would occasionally tell my six-year-old son, Thomas, about selected cases and situations that I had come across. Thomas enjoyed these discussions—more than I would have guessed: he was captivated by the horror of Dudley & Stephens, he was uncomfortably intrigued by shaming punishments, he was appropriately outraged at all manner of outcomes that seemed to him too harsh or too lenient. But most of all, he wanted to test his own burgeoning intuitions about right and wrong, good and evil, the permitted and the forbidden, against my "criminal law stories." …

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

Despite the remarkable reliance on the Internet as a source of information, we have yet to fully take advantage of it in our movement against domestic violence. Information is used as a weapon in the battle against domestic violence in several limited ways. Yet there is still more we can do with information and, specifically, the Internet, in combating domestic violence. The Scarlet Letter proposal seeks to empower potential victims of domestic violence with information so that they themselves can make choices that will avoid years of suffering and abuse. The idea is to allow public access to the data …

Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg

Faculty Publications

America's fantasy of a post-racial society was shattered on July 16,2009, when a white police officer arrested Harvard Professor Henry Louis Gates, a well-respected African-American academic, in his own home. Our historical racial fissure was widened. Once again, our thoughts were plagued with tortured images of our system of racialized law enforcement: the torture of Abner Louima, the beating of Rodney King, the killing of Amadou Diallo. Predictably, Americans became further polarized, as they simultaneously blamed and defended responses to racism.

In what was perceived by some as a dramatic and unanticipated turn of events, and perceived by others as …

A Comparative Approach To Enforced Disappearances In The Inter-American Court Of Human Rights And The European Court Of Human Rights Jurisprudence, Ophelia Claude

Intercultural Human Rights Law Review

Taking into account the current tremendous caseload before the European Court related to enforced disappearances, this article seeks to make a comparative analysis between the Inter-American Court and the European Court jurisprudence. Part I addresses the various difficulties concerning evidence in disappearance cases. It examines the criteria set up by both courts in terms of admission of evidence and burden of proof, as well as the requisite standard of proof in order to accommodate the difficulties arising in disappearance cases. It underscores the Inter-American Court's willingness to render the standard of evidence more flexible in response to the conundrum faced …

Evaluating The Deterrent Effect Of Capital Punishment On Crime, Permiterio Leocadio

Dissertations and Theses

Many researchers, academics or philosophers see capital punishment as a deterrent to crime. Several states in the United States apply the death penalty to try to reduce crime. Other states do not agree with the application of this repressive law arguing that a crime should not be solved with another crime. From a theoretical view, the principal point of analysis about capital punishment in this present work is to state that capital punishment can reduce crime. Here also it will be examined some of the collateral consequences of the application of capital punishment, and its implications for the Criminal Justice …

Fairness And The Willingness To Accept Plea Bargain Offers, Avishalom Tor

Journal Articles

In contrast with the common assumption in the plea bargaining literature, we show fairness-related concerns systematically impact defendants' preferences and judgments. In the domain of preference, innocents are less willing to accept plea offers (WTAP) than guilty defendants and all defendants reject otherwise attractive offers that appear comparatively unfair. We also show that defendants who are uncertain of their culpability exhibit egocentrically biased judgments and reject plea offers as if they were innocent. The article concludes by briefly discussing the normative implications of these findings.

Professor Robert E. Shepherd, Jr.: Tending To His Flock To Improve Its Lot, John P. Cunningham

University of Richmond Law Review

No abstract provided.

Professor Robert E. Shepherd, Jr. September 22, 1937 - December 11, 2008, Hon. Walter S. Felton Jr.

University of Richmond Law Review

No abstract provided.

'A Literary Man & A Merchant': The Legal Career Of Sir William Young, William H. Laurence

PhD Dissertations

Sir William Young (1799-1887) of Halifax was a leading lawyer, served as Attorney General, promoted legal reforms in the Assembly, sat as Chief Justice of the Nova Scotia Supreme Court, and promoted the establishment of Dalhousie University's Faculty of Law. He thereby fulfilled a variety of roles in his pursuit of two professional goals he had set at an early age, namely material success and intellectual interest. Nonetheless, his career in the law has been mostly ignored. By examining Young's legal career in detail, especially by paying attention to the duties he performed in his professional roles, this thesis seeks …