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Lawyer - Summer 2009, Seattle University School Of Law

Lawyer

• Righting Wrongs: Clinic Cases Give Students Opportunities to Make a Real Difference
• Breaking Down Barriers: Leadership for Justice Fellow Works to Improve Language Access
• Looking Back, Reaching Forward: New Korematsu Center Works for Law and Equality
• Escaping Abuse: Law School Helped Domestic Violence Survivor Start New Life

Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark

Theses and Dissertations

The conflict between the First Amendment and the Sixth Amendment is not new nor is it easily decipherable. Both amendments appear to have absolute priority, yet they appear to conflict (Erickson, 1977). The First Amendment declares unequivocally, "Congress shall make no law...abridging the freedom of speech, or of the press[,]" while the Sixth Amendment states with equal force, "In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." (U.S. Constitution, Amendment I, Amendment VI). Free speech and an unrestricted …

June 30, 2009: Rabbi Jill Jacobs On Public Judaism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rabbi Jill Jacobs on Public Judaism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

School Of Law Commencement: May 9, 2009, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 9, 2009.

Unlawful Assembly And The Fredericksburg Mayor's Court Order Books, 1821-1834, Sarah K. Blunkosky

Theses and Dissertations

Unlawful assembly accounts extracted from the Fredericksburg Mayor’s Court Order Books from 1821-1834, reveal rare glimpses of unsupervised, alleged illegal interactions between free and enslaved individuals, many of whom do not appear in other records. Authorities enforced laws banning free blacks and persons of mixed race from interacting with enslaved persons and whites at unlawful assemblies to keep peace in the town, to prevent sexual relationships between white women and free and enslaved black men, and to prevent alliance building between individuals. The complex connections necessary to arrange unlawful assemblies threatened the town’s safety with insurrection if these individuals developed …

Treated Differently In Life But Not In Death: The Execution Of The Intellectually Disabled After Atkins V. Virginia, Penny White

Scholarly Works

No abstract provided.

Dayton Lawyer, Spring 2009, University Of Dayton

Dayton Lawyer

No abstract provided.

Revelation And Idolatry: Holy Law And Holy Terror, Regina Schwartz

Faculty Working Papers

THE Book of Exodus desscribes the identity of justice and the law. Because elsewhere the gap between justice and the law is so wide -- in Christian theology when it sees the Pharisaic law as inhibiting the realization of justice; in philosophy where from Plato on, law is formal while is justice substantive; in political theory, which includes those who endorse "procedural justice" when they abandon substantive justice -- this radical biblical vision, wherein the law is justice is surely unique. This is not an understanding of the law as a series of prescriptions, the "yoke of the law" but …

The Nova Southeastern Lawyer, 2009, Volume 12, Number 11, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Prospective Student Information Booklet (2008-09), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

Why The United States Supreme Court Got Some (But Not A Lot) Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus

St. Thomas Law Review

In the past forty-five years, the United States Supreme Court has firmly established the right to lawyers for poor people in criminal cases. The right, arising under the Sixth Amendment to the United States Constitution, extends beyond trials, and includes assistance in addition to lawyers for indigent defendants. The right to a lawyer is seen as central to our system of criminal justice. At the same time, the Justices' rulings here have been subject to sharp criticism in a host of areas relating to the stages of the proceedings to which the right applies, the failure to define indigency, and …

Foreword: Criminal Law Issue, Alfredo Garcia

St. Thomas Law Review

It is my pleasure to write the foreword to this inaugural criminal law issue. The issue consists of four timely and incisive articles that underscore the importance of the procedural and fair trial guarantees embodied, respectively, in the Fourth and Sixth Amendments to the United States Constitution. A common theme underlies the message conveyed by the distinguished authors: the extent to which the interpretation of criminal procedural rights by both the Supreme Court and state appellate courts affect the everyday administration of justice in the United States.

Reflections On Capital Punishment, Rob Warden

Northwestern Journal of Law & Social Policy

Authored by the Executive Director of the Center on Wrongful Convictions, this powerful article reviews the many different arguments against the death penalty and uses a multitude of case discussions to show how the death penalty works, not in theory, but in practice. Some of these arguments include: the death penalty does not have a demonstrable deterrent effect; it costs more to maintain the system than to imprison murderers for life; many wrongfully condemned defendants have been saved by the serendipitous discovery of evidence not available during trial; innocent persons have been executed; the death penalty has been applied in …

Ignorance Is Effectively Bliss: Collateral Consequences, Silence, And Misinformation In The Guilty-Plea Process, Jenny Roberts

Scholarly Articles in Law Reviews & Journals

In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence-every jurisdiction, that is,except Kentucky. The Supreme Court of …

Physicians Who Break The Law, Diane E. Hoffmann

Saint Louis University Law Journal

No abstract provided.

Potato, Potahto: Whether Ineffective Assistance Or Due Process, An Effective Rule Is Overdue In Termination Of Parental Rights Cases In Florida, Anthony C. Musto

St. Thomas Law Review

Pat X., a Florida resident, is a good father who loves, provides for, and takes care of his child. So, he is stunned one day when his child is removed from him and a petition for termination of his parental rights is filed. The petition alleges that Pat, who has never had any problems with the law, was convicted of first degree murder and sentenced to life imprisonment. It seeks termination on the basis that Pat will be incarcerated for a substantial portion of his child's remaining minority.' Pat's lawyer investigates the matter. The lawyer speaks with the prosecutor who …

The Banality Of Excessive Defender Workload: Managing The Systemic Obstruction Of Justice, Bennett H. Brummer

St. Thomas Law Review

This article focuses on the impact of public defender' ("PD") excessive caseload ("EC") and related indigent defense issues on the values of professionalism, stewardship, and patriotism. It can be regarded as a sequel to my previous article, "Independent, Professional Judgment: The Essence of Freedom," which dealt with the same fundamental values, but a wider range of topics. The article is intended as a reference, including recent material, in a somewhat different context from previous studies. In my experience, for the last 40 years, the normal functions of our state and local criminal justice systems ("CJS"), especially indigent defense and the …

Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman

Northwestern Journal of Law & Social Policy

No abstract provided.

New Hope: A Thoughtful And Effective Approach To "Make Work Pay, Greg J. Duncan, Hans Bos, Lisa L. Gennetian, Heather Hill

Northwestern Journal of Law & Social Policy

This paper makes the case for a national program offering the kind of work supports that were part of the New Hope program, a policy experiment that operated for three years in Milwaukee, Wisconsin. Our policy, like New Hope, would provide a set of work supports for full-time workers-both parents and nonparents, men and women-that would lift them out of poverty as well as provide essential benefits in the form of health insurance and child-care subsidies for people who needed them. Across all of the people offered the chance to participate in the New Hope program, including single men, work …

Seriousness Perceptions Of Computer Crime Vs Traditional Crime, Abbie Beaulieu

Master's Theses and Capstones

With the various advancements made in technology over the last few decades, computer crime has evolved and many are used to victimize more and more American internet users every year (NW3C, 2008). However, no researcher has examined neither how computer crime seriousness is perceived by internet users nor which (if any) social factors affect how the seriousness of computer crime is perceived. The current study attempted to determine internet users' perceptions of computer crime seriousness versus traditional crime seriousness. In addition, the study tried to determine the effects of the following factors as they relate to computer crime seriousness: personal …

A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell

Animal Law Review

No abstract provided.

Using Dogs For Emotional Support Of Testifying Victims Of Crime, Marianne Dellinger

Animal Law Review

Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses.

This article analyzes the legal foundations supporting the use of …

2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis

Animal Law Review

No abstract provided.

Culpability In Creating The Choice Of Evils, Marc O. Degirolami

Faculty Publications

Can an actor justify criminal conduct when he was criminally culpable in creating the conditions making it necessary? Virtually every American jurisdiction answers that he cannot and bars the necessity defense under those circumstances. Whereas many scholars have condemned that response, this Article takes the very different view that the exclusion of the defense for purposeful, knowing, and reckless criminal conduct that directly causes the conditions leading to the allegedly justified act represents a sound retributivist check on what is an otherwise cruder evaluation of whether conduct is socially valuable, worthy of praise, or, in a word, justified. Criminal "created …

Where Are The Victims? The Credibility Gap In Human Trafficking Research, Johnny E. Mcgaha, Amanda Evans

Intercultural Human Rights Law Review

Nothing drives the passion and stirs the emotion, especially in the U.S., more than the horrendous stories of modem-day human slavery. Whether sexual, domestic, or labor, the terror and horror that human trafficking victims have endured defies the scope of our sensitivities. Most who work in human service fields have heard many stories of these survivors. The dedication of the practitioners and law enforcement officers who are involved in the apprehending and prosecution of offenders, and advocate for victims in these very complex cases, is evident in this symposium alone. As a nation, the stain of slavery has tarnished the …

The Legal Nature Of Trafficking In Human Beings, Ryszard Piotrowicz

Intercultural Human Rights Law Review

It is incorrect to say that people trafficking is a breach of human rights for the same reason that it is incorrect to say that 2+2=5: because it is wrong and there is an inherent good in getting things right. This article assesses what, legally, is actually happening when trafficking in human beings (THB) takes place, and considers the practical ramifications arising from that assessment. What actually is THB? The most widely accepted definition is contained in the Palermo Protocol (the Protocol) to the United Nations Convention on Transnational Organised Crime (UNCTOC), which entered into force in December 2003. Article …

A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo

Faculty Scholarship

This article offers the first quantitative evidence on race and bankruptcy. Minority debtors fare worse overall in bankruptcy — blacks are 40% and Hispanics 43% less likely than whites to receive a discharge in Chapter 13 after controlling for variables such as education, income, and employment. While the data do not allow for causal inference, Chapter 13 trustees were twice as likely to have made a motion to dismiss even against black debtors who ultimately completed their multi-year bankruptcy plans than against similar white debtors. The paper also indicates that a lack of attorney representation by minority debtors may make …

De La Fiction Criminelle En Afrique. Relecture Des Films D’Ousmane Sembène, Alexie Tcheuyap

Présence Francophone: Revue internationale de langue et de littérature

For institutional, ideological and even sociological reasons, the detective genre had difficulty rising to prominence within literatures and especially within the field of African cinema. If one observes today its shy emergence in the works of some West African film directors and within popular Nigerian video films, it is nonetheless possible, thanks to a finer scrutiny of theories developed on the subject, to realize that some films by Ousmane Sembène contain aesthetic strategies that allow for a fresh assessment of the works of a director whose films were often reduced to their ideological aspects. This second reading also unravels the …

Lawyer - Winter 2008, Seattle University School Of Law

Lawyer

• Scholars for Justice: Bring Broad Experience to the Law School
• Professor Boerner, Frankel, and Oltman Retire
• A Strong Foundation: PILF Sowed Seeds of Public Interest
• Love and the Law: Couple Meets at 35th Anniversary Events

The Nova Southeastern Lawyer, Fall 2008, Volume 12, Number 10, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.