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Articles 1 - 22 of 22
Full-Text Articles in Law
Fall 2017 Symposium: The Challenge Of Crime In A Free Society: Fifty Years Later, Roger Fairfax
Fall 2017 Symposium: The Challenge Of Crime In A Free Society: Fifty Years Later, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
My longstanding interest in the Johnson Crime Commission traces back to my earlier scholarly work on the history of criminal law reform movements, going back to the progressive criminal justice reform agenda in the early twentieth century and the activities of private law-reform coalitions and government-sponsored crime commissions during the interwar period, including the Wickersham Commission and the American Law Institute's various model code projects. This research eventually led me to the Johnson Commission, the subject of this Symposium.
Concurrent Panels V: Litigating Sexual Assault Cases, Brenda V. Smith, Julie Abbate, Laura Ives, Nicole Schult
Concurrent Panels V: Litigating Sexual Assault Cases, Brenda V. Smith, Julie Abbate, Laura Ives, Nicole Schult
Presentations
This panel will address how to represent and litigate cases involving sexual assault against incarcerated men and women. Panelists will discuss what investigations help set up the strongest claims, and how to coordinate with other agencies before filing; how to conduct discovery to prove your case, and how PREA fits into a sexual assault case; and provide context about sexual assault in prisons and jails, as well as provide perspective about litigation going on in other spaces.
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
Criminal Law Practitioner
No abstract provided.
2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder
2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia Jones
Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia Jones
Articles in Law Reviews & Other Academic Journals
Under the current state of the law, there is no mechanism in place to ensure that a criminal defendant receives information in the exclusive possession of the government that negates guilt, undermines the strength of the government's case, or reduces the sentence that could be imposed. Whenever a prosecutor wants to do so, she can suppress this favorable information and prevent the court and the defense from ever learning of its existence. Without oversight and with very little accountability, prosecutors have been vested with the power to determine whether and when to disclose favorable evidence to the defense. Although many …
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
American University Law Review
No abstract provided.
Treatment Of Domestic Terrorism Cases: Class And Mental Health In The Criminal System, Yolanda C. Rondon
Treatment Of Domestic Terrorism Cases: Class And Mental Health In The Criminal System, Yolanda C. Rondon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Risky Sexual Behavior -- The "Broken Windows" Of Sexual Assault: A Proposal For Universities To Incorporate Targeted Intervention To Bridge The Gap Between Sexual Assault Prevention And Response, Dominic Angiollo
American University Journal of Gender, Social Policy & the Law
No abstract provided.
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
The Legal Risks Of Big Data Policing, Andrew Guthrie Ferguson
The Legal Risks Of Big Data Policing, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Innocence Movement And Misdemeanors, Jenny M. Roberts
The Innocence Movement And Misdemeanors, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
In recent years, the Innocent Movement has begun to focus its attention on wrongful misdemeanor convictions as a systemic problem. This Article analyzes eighty-five documented misdemeanor exonerations and concludes that innocence has been demonstrated primarily in two ways: laboratory tests of alleged unlawful drugs that reveal “no controlled substance” despite the individual having pled guilty to misdemeanor drug possession; and police body camera or citizen videos that surface after a misdemeanor conviction to contradict the factual basis for that conviction. Strategic use of these relatively definitive methods of revealing wrongful misdemeanor convictions can call attention to the flaws in misdemeanor …
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …
Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib
Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib
Articles in Law Reviews & Other Academic Journals
Since the 2016 Presidential election, discussions of immigration policy and enforcement have taken center stage in the public debate. In contrast to the Obama administration, which had articulated specific priorities for removal, the Trump administration has significantly expanded its enforcement targets. Indeed, high-level officials have confirmed that virtually anyone who is in the country without authorization is susceptible to removal. To make its case for enhanced immigration enforcement, the current administration has deployed familiar tropes regarding immigrant criminality and dangerousness. This rhetoric, operationalized through varied structures of criminalization, has shrunk the pool of individuals who can argue against removal, notwithstanding …
Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher
Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Assurances ofvictim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. …
From Criminals To Survivors: Recognizing Domestic Sex Trafficking As Violence Against Women In The District Of Columbia, Alice Mutter
From Criminals To Survivors: Recognizing Domestic Sex Trafficking As Violence Against Women In The District Of Columbia, Alice Mutter
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Effects Of The War On Drugs On Black Women: From Early Legislation To Incarceration, Tiffany Simmons
The Effects Of The War On Drugs On Black Women: From Early Legislation To Incarceration, Tiffany Simmons
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Pressing Pause: Tolling Statutes Of Limitations For Sex Offenses While Rape Kits Remain Untested, Hunter Grolman
Pressing Pause: Tolling Statutes Of Limitations For Sex Offenses While Rape Kits Remain Untested, Hunter Grolman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
From The Editor-In-Chief, Dolores Sinistaj
From The Editor-In-Chief, Dolores Sinistaj
Criminal Law Practitioner
No abstract provided.
A Perfect Storm: New Mexico As A Case Study For Driving While Intoxicated And Driving Under The Influence Investigation And Persecution Post-Birchfield, Cynthia Armijo
Criminal Law Practitioner
No abstract provided.
Rethinking The Effects Of A Guilty Plea On The Right To Challenge One's Statute Of Conviction, Hannah Roberts
Rethinking The Effects Of A Guilty Plea On The Right To Challenge One's Statute Of Conviction, Hannah Roberts
American University Journal of Gender, Social Policy & the Law
No abstract provided.