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Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Garza V. Idaho: Prioritizing Client Autonomy In Criminal Appeals Regardless Of An Appeal Waiver, Jackie Mcdonnell

Loyola University Chicago Law Journal

In Garza v. Idaho, the Supreme Court resolved a split in authority about whether courts should presume counsel prejudiced a criminal defendant’s case when counsel failed to file a notice of appeal, holding the presumption of prejudice applies regardless of a defendant’s appeal waiver. By correctly extending Roe v. Flores-Ortega’s rule which requires courts to presume prejudice, the Court expanded the presumption’s application for ineffective assistance of counsel claims under the Sixth Amendment.

Overall, Garza protected a defendant’s right to appeal despite an appeal waiver, as counsel must now act on the defendant’s appeal request. If counsel fails to file …

Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson

American University Business Law Review

The gradual establishment of an international mechanism to review and prosecute allegations of corruption could help to deter fraudulent conduct. Fraudulent conduct often reduces the economic benefits associated with large-scale development or investment projects. These projects are generally awarded through contract bidding; the bidding outcome may be dictated by bribery and other corrupt behaviors by local officials overseeing the project. The money earmarked for the project may in turn be siphoned off to the bribe recipients for private gain, leaving citizens unable to appreciate the fruits of any such project. For this reason, reducing corruption should remain a key priority. …

We Do Not Perform Rape Kits Here: An Analysis Of Chapter 714, Brittany Gamlen

University of the Pacific Law Review

No abstract provided.

Sb 23: Closing The Car Burglary Legal Loophole, Dayra Juarez

University of the Pacific Law Review

No abstract provided.

Table Of Contents, University Of The Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Gideon: Public Law Safeguard, Not A Criminal Procedural Right, Kari Hong

University of the Pacific Law Review

No abstract provided.

Reflections On The Warren Court’S Criminal Justice Legacy, Fifty Years Later: What The Wings Of A Butterfly And A Yiddish Proverb Teach Me, Joshua Dressler

University of the Pacific Law Review

No abstract provided.

The Failure Of The Criminal Procedure Revolution, William T. Pizzi

University of the Pacific Law Review

No abstract provided.

The Warren Court, Idealism, And The 1960s, George C. Thomas Iii

University of the Pacific Law Review

No abstract provided.

The Eternal Task Of Understanding Terry V. Ohio, Robert Weisberg

University of the Pacific Law Review

No abstract provided.

A Look Back At The Warren Court’S Due Process Revolution Through The Lens Of Immigrants

University of the Pacific Law Review

TABLE OF CONTENTS

I. THE HISTORICAL CONTEXT AND THE IMMIGRATION LAW PROCEDURAL DUE PROCESS CASES DURING THE WARREN COURT

A. The Historical Context.

B. The Warren Court’s Immigration Due Process Cases

II. THE STATUS OF THE IMMIGRATION PROCEDURAL DUE PROCESS REVOLUTION FIFTY YEARS AFTER THE WARREN COURT.

A. The Domestication of Immigration Due Process.

B. Crimmigration’s Rise and the Warren Due Process Revolution

C. A Federalism Due Process Revolution for Immigrants?

III. CONCLUSION

The Doctor Will See You Now: How The Opioid Crisis Changed The Standard Of Care For Physicians In Medical Malpractice Suits, Madeline Orlando

University of the Pacific Law Review

No abstract provided.

Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood

Pitzer Senior Theses

Does the practice of charging juveniles as adults serve the retributive and consequentialist goals of criminal justice policy? Proponents of limiting juvenile court jurisdiction argue that the rehabilitation-oriented remedies available therein are neither sufficient to hold adolescents accountable for wrongdoing, nor strong enough to deter future youth crime. The first chapter of this thesis examines the forward and backward looking premises underlying juvenile transfer to adult criminal court. I find that transfer policies are inconsistent with dominant theories of responsibility and punishment as applied to juveniles. I argue in Chapter One that transfer produces undesirable outcomes with respect to the …

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Law Faculty Articles and Essays

The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC's future may be bright if the court makes significant changes in the present.

Mirandizing Youth: Lessons From Neuroscience., Irma Pinos

Student Works

No abstract provided.

Beos Test: A Defendant’S Nightmare, Dhara Patel

Student Works

No abstract provided.

Child Competency And A Science-Based Approach To A Right To Counsel For Children In Immigration Proceedings, Angelica M. Mercado

Student Works

No abstract provided.

Introduction To Criminal Justice Sample Syllabus, Angelica Alejo Gil

Whittier Scholars Program

It has attracted more students from year to year at Whittier College that an Introduction to a Criminal Justice course is implemented as part of the university. It is my major concern and firm belief that the Criminal Justice System must secure a sufficient share of the better education of not only Whittier College, but Universities nationwide. Based on my experience as a Criminal Justice/Criminology major, it is my job to put together a feasible Introduction to Criminal Justice course for students who wish to pursue public policy or simply would like to inquire a general understanding about the American …

"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister

UF Law Faculty Publications

Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.” The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate …

Negative Identity And Conflict, Jonathan R. Cohen

UF Law Faculty Publications

This article explores an aspect of identity that can be particularly challenging for conflict resolution—negative identity. By negative identity, I mean an identity in which a party implicitly or explicitly defines itself in a negative way, specifically, by way of contrast to some other party. This phenomenon occurs in conflicts ranging from small, interpersonal ones to large-scale conflicts between national, ethnic, and religious groups. Negative identities may make conflicts more likely to arise and also make them more difficult to resolve when they do. Fortunately, there are steps that both parties and neutrals can take to foster conflict resolution in …

The Soul Savers: A 21st Century Homage To Derrick Bell’S Space Traders Or Should Black People Leave America?, Katheryn Russell-Brown

UF Law Faculty Publications

Narrative storytelling is a staple of legal jurisprudence. The Case of the Speluncean Explorers by Lon Fuller and The Space Traders by Derrick Bell are two of the most well-known and celebrated legal stories. The Soul Savers parable that follows pays tribute to Professor Bell’s prescient, apocalyptic racial tale. Professor Bell, a founding member of Critical Race Theory, wrote The Space Traders to instigate discussions about America’s deeply rooted entanglements with race and racism. The Soul Savers is offered as an attempt to follow in Professor Bell’s narrative footsteps by raising and pondering new and old frameworks about the rule …

The Systems Approach To Teaching Business Associations, Lynn M. Lopucki, Andrew Verstein

UF Law Faculty Publications

The systems approach applies the methods of systems analysis to law. The principal method is to describe the system, situate a problem within the system, and take system mechanics into account in solving it. The system might be the “legal system”—essentially litigation. But more often, it is a “law-related system”—one not composed of law, but one in which law plays a role. That system might be crime, the Internet, the corporation, or any other activity substantially affected by law. The analyst situates the application of law in the context of the physical system as it actually operates. In business associations, …

Children's Equality: Strategizing A New Deal For Children, Nancy E. Dowd

UF Law Faculty Publications

It is the ultimate gift to have one’s work trigger feedback, critique and challenge that expands and deepens the project. Professors Cooper, Huntington, McGinley, Silbaugh, and Woodhouse all have been sources of inspiration for me; their Articles and Essays in response to Reimagining Equality contribute both to my thinking and to the core focus of the book, the well-being, development and equality of all children, but also to the broad focus of this special issue on children and poverty. I am particularly grateful for their challenges and critiques, and their shared focus on the strategies I explore in the book, …

Judging And Baseball, Merritt E. Mcalister

UF Law Faculty Publications

No abstract provided.

Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd

UF Law Faculty Publications

Hierarchies among children dramatically impact their development. Beginning before birth, and continuing during their progression to adulthood from birth to age 18, structural and cultural barriers separate and subordinate some children, while they privilege others. The hierarchies replicate patterns of inequality along familiar lines, particularly those of race, gender, and class, and the intersections of those identities. These barriers, and co-occurring support of privilege for other children, emanate from policies, practices, and structures of the state, including education, health, policing and juvenile justice, and limited social welfare. Reimagining Equality: A New Deal for Children of Color takes on the task …

The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby

Articles

No abstract provided.

Vicki Palacios—An Appreciation, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe

University of Arkansas at Little Rock Law Review

No abstract provided.