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Articles 1 - 28 of 28

Full-Text Articles in Law

Human Shields, Homicides, And House Fires: How A Domestic Law Analogy Can Guide International Law Regarding Human Shield Tactics In Armed Conflict, Douglas H. Fischer Dec 2007

Human Shields, Homicides, And House Fires: How A Domestic Law Analogy Can Guide International Law Regarding Human Shield Tactics In Armed Conflict, Douglas H. Fischer

American University Law Review

No abstract provided.


Addressing Sexual Violence Against Youth In Custody, Brenda V. Smith Jul 2007

Addressing Sexual Violence Against Youth In Custody, Brenda V. Smith

Presentations

No abstract provided.


Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc Jun 2007

Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc

American University Law Review

This Comment addresses the present gap in insanity-defense laws

created by the defense’s abolition and offers an Eighth Amendment

based remedy. Part I reviews the history and evolution of the insanity

defense in Anglo-American law. It then describes how four states

have statutorily abolished the defense. It concludes with a discussion

of Clark v. Arizona, the Court’s most recent decision on the

constitutionality of the insanity defense. Part II turns to the Eighth

Amendment, examining its historical understanding and the

contemporary evolving-standards-of-decency analysis, through which

the Court assesses the constitutionality of modern-day punishments.

Part II concludes with a discussion of …


Immigration Relief For Survivors Of Domestic Absue, Sexual Assault, Human Trafficking, And Other Crimes: A Violence Against Women Act 2005 Update, Leslye Orloff, Joanne Lin, Ericka Echavarria Feb 2007

Immigration Relief For Survivors Of Domestic Absue, Sexual Assault, Human Trafficking, And Other Crimes: A Violence Against Women Act 2005 Update, Leslye Orloff, Joanne Lin, Ericka Echavarria

Articles in Law Reviews & Other Academic Journals

The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), which President Against and Department Women Bush signed into law on January 5, 2006, built on the 1994 Violence Against Women Act (Title IV of the Violence Crime Control and Law Enforcement Act of 1994) and the 2000 Battered Immigrant Women Protection Act (part of the Victims of Trafficking and Violence Protection Act) by expanding immigration relief to new categories of crime victims.' In this article we discuss the eligibility requirements for VAWA self-petitioning, VAWA cancellation of removal, "U" interim relief for certain immigrant crime victims, …


Letter From The Editor, Laurita M. Denny Jan 2007

Letter From The Editor, Laurita M. Denny

American University Criminal Law Brief

No abstract provided.


Editorial:The Death Penalty: An Endangered Species Worthy Of Extinction, Rita Montoya Jan 2007

Editorial:The Death Penalty: An Endangered Species Worthy Of Extinction, Rita Montoya

American University Criminal Law Brief

No abstract provided.


The “Exceptionally Troubling” Murder Conviction Of Jose Garcia, Matthew Bosher Jan 2007

The “Exceptionally Troubling” Murder Conviction Of Jose Garcia, Matthew Bosher

American University Criminal Law Brief

No abstract provided.


Have We Abandoned The Innocent?Society’S Debt To The Wrongly Convicted, Meggan Smith Jan 2007

Have We Abandoned The Innocent?Society’S Debt To The Wrongly Convicted, Meggan Smith

American University Criminal Law Brief

No abstract provided.


Editorial:State V. Defendant V. Victim: The Potential Problem When Victimsenter An Appearance In Criminal Cases, Kendra Mullin Jan 2007

Editorial:State V. Defendant V. Victim: The Potential Problem When Victimsenter An Appearance In Criminal Cases, Kendra Mullin

American University Criminal Law Brief

No abstract provided.


Supreme Court Watch: Recent Decisions And Upcoming Criminalcases For The 2007-2008 Docket, Jedidiah Sorokin-Altmann Jan 2007

Supreme Court Watch: Recent Decisions And Upcoming Criminalcases For The 2007-2008 Docket, Jedidiah Sorokin-Altmann

American University Criminal Law Brief

No abstract provided.


Supreme Court Watch: Recent Decisions And Upcoming Criminalcases For The 2006-2007 Docket, Andrew Myerberg Jan 2007

Supreme Court Watch: Recent Decisions And Upcoming Criminalcases For The 2006-2007 Docket, Andrew Myerberg

American University Criminal Law Brief

No abstract provided.


The Immigration Consequences Of Criminal Conduct, Nelson A. Vargas-Padilla Jan 2007

The Immigration Consequences Of Criminal Conduct, Nelson A. Vargas-Padilla

American University Criminal Law Brief

No abstract provided.


A Discussion Of “The American Prosecutor: Power Discretion Andaccountability”, Vanessa Martin Jan 2007

A Discussion Of “The American Prosecutor: Power Discretion Andaccountability”, Vanessa Martin

American University Criminal Law Brief

No abstract provided.


Book Review: If I Did It By Oj Simpsonif He Did It, Would It Matter?, Kimberly Nguyen Jan 2007

Book Review: If I Did It By Oj Simpsonif He Did It, Would It Matter?, Kimberly Nguyen

American University Criminal Law Brief

No abstract provided.


Bruno Or Richard Hauptmann: Representations Of Aconviction In The Lindbergh Kidnapping Case, Rita Mitchell Jan 2007

Bruno Or Richard Hauptmann: Representations Of Aconviction In The Lindbergh Kidnapping Case, Rita Mitchell

American University Criminal Law Brief

No abstract provided.


Executive Clemency: The Lethal Absence Of Hope, Jonathan Harris, Lothlórien Redmond Jan 2007

Executive Clemency: The Lethal Absence Of Hope, Jonathan Harris, Lothlórien Redmond

American University Criminal Law Brief

No abstract provided.


Prosecuting Corporations: The Kpmg Case And The Rise And Fallof The Justice Department’S 10-Year War On Corporate Fraud, Joshua G. Berman, Machalagh Proffit-Higgins Jan 2007

Prosecuting Corporations: The Kpmg Case And The Rise And Fallof The Justice Department’S 10-Year War On Corporate Fraud, Joshua G. Berman, Machalagh Proffit-Higgins

American University Criminal Law Brief

No abstract provided.


Now Performing In A Courtroom Near You: The Elderlyeyewitness! To Believe Or Not To Believe That Is The Question, John W. Clark Iii, Roger Enriquez Jan 2007

Now Performing In A Courtroom Near You: The Elderlyeyewitness! To Believe Or Not To Believe That Is The Question, John W. Clark Iii, Roger Enriquez

American University Criminal Law Brief

No abstract provided.


Unveiling Informant Testimony: Theunconstitutionality Of The Jencks Act, Stephen C. Leckar Jan 2007

Unveiling Informant Testimony: Theunconstitutionality Of The Jencks Act, Stephen C. Leckar

American University Criminal Law Brief

No abstract provided.


The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis Jan 2007

The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article explores the legal profession's failure to hold prosecutors accountable for misconduct and other ethical violations. Part I introduces the piece, providing several examples of prosecutorial power and abuse in the criminal justice system. Part II discusses prosecutorial misconduct and the inadequacy of current legal remedies. Part III argues that the Model Rules of Professional Responsibility have not provided adequate guidance to prosecutors, and that the disciplinary process has not been effective in disciplining prosecutors when they have abused their power and discretion. Part IV contends that the disbarment of Mike Nifong – the prosecutor in the Duke lacrosse …


Racial Fairness In The Criminal Justice System: The Role Of The Prosecutor, Angela J. Davis Jan 2007

Racial Fairness In The Criminal Justice System: The Role Of The Prosecutor, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

In this article, Davis analyzes discusses efforts to involve prosecutors in the elimination of racial disparities in the criminal justice system. Part II explains how prosecutors unintentionally contribute to disparities through the arbitrary, unsystematic exercise of discretion. Part III argues that the U.S. Supreme Court has failed to provide an effective legal remedy for victims of race-based selective prosecution. Finally, in Part IV, Davis endorses the use of racial impact studies and task forces and discusses a model reform effort spearheaded by the Vera Institute of Justice.


Legislative Updates Jan 2007

Legislative Updates

The Modern American

No abstract provided.


Remarks On Intervention, Juan E. Mendez Jan 2007

Remarks On Intervention, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams Jan 2007

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Taking The "Banks" Out Of Banks V. Gonzales: Dna Databanks And The Fourth Amendment Prohibition On Unreasonable Searches And Seizures, Heather Bennett Jan 2007

Taking The "Banks" Out Of Banks V. Gonzales: Dna Databanks And The Fourth Amendment Prohibition On Unreasonable Searches And Seizures, Heather Bennett

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Updates From The International Criminal Courts, Elizabeth J. Rushing, Rebecca Musarra, Anne Heindel, Angela Edman Jan 2007

Updates From The International Criminal Courts, Elizabeth J. Rushing, Rebecca Musarra, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider Jan 2007

Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman Jan 2007

Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.