Law Commons^™

Flaws In The Justice System: Examining The Angel Cordero Case, Rose C. Itzcovitz

Capstones

This article examines a case in criminal law that started 17 years ago and has yet to be resolved. Despite a plethora of mounting evidence, including a confession, more than a dozen witnesses, a proven false alibi, impeaching evidence against police and DNA evidence, Bronx-born Angel Cordero's conviction has yet to be overturned. The article breaks down what went wrong in the initial trial, discusses Cordero's multiple appeals and takes a broader look at what needs to change in today's judicial system.

An Empirical Survey Of International Commercial Arbitration Cases In The Us District Court For The Southern District Of New York, 1970-2014, Vera Korzun, Thomas H. Lee

Fordham International Law Journal

This Article identifies and organizes the circumstances in which national courts play a role in international commercial arbitrations— border crossings. It then records and analyzes empirical data of these border crossings in cases filed in a key national court for international arbitration-related litigation: the US District Court for the Southern District of New York. Data were collected from the date of entry into force for the United States of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) on December 29, 1970 to September 15, 2014. Based on interpretation of these data, …

Global Health Security Agenda Legal Landscape Assessment, Natasha M. Nussbaum

Master's Projects and Capstones

The Global Health Security Agenda (GHSA) was created on February 13, 2014, to improve country's ability to detect, prevent and respond to emerging health threats. Eleven action packages were created. The detection action package included antimicrobial resistance, zoonotic diseases, national biosafety/biosecurity and immunization. The prevention action package included establishing a national laboratory system, strengthening real-time biosurveillance, advancing timely and accurate disease reporting and establishing a trained global health security workforce.The response action package focused on establishing emergency operation centers, linking public health and law enforcement and enhancing medical countermeasures/personnel deployment.

The following paper summarizes the components performed for the GHSA …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

State Of Utah, Plaintiff/Appelle, Vs. Colorado Steven Irwin, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a restitution order following guilty please to Theft by Receiving Stolen Property, a third degree felony, in violation of Utah Code 76-6-408, and Burglary, a third degree felony, in violation of Utah Code 76-6-202, in the Third District Court, in and for Salt Lake County, State of Utah, the Honorable Charlene Barlow presiding

State Of Utah, Plaintiff/Appellee, Vs. Spencer Richardson, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a conviction for possession of a controlled substance and retail theft, third degree felonies in the Third District Court, State of Utah, the Honorable Paul B. Parker, Judge, presiding

State Of Utah, Plaintiff/Appellee V. Kristopher England, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from an order of restitution following a conviction for theft, a third degree felony, in the Third Judicial District, Salt Lake County, the Honorable charlene Barlow presiding

Tilting Toward The Light: Translating The Medieval World On The Ming-Mongolian Frontier, Carla Nappi

The Medieval Globe

Ming China maintained relationships with neighboring peoples such as the Mongols by educating bureaucrats trained to translate many different foreign languages. While the reference works these men used were designed to facilitate their work, they also conveyed a specific vision of the past and a taxonomy of cultural differences that constitute valuable historical sources in their own right, illuminating the worldview of the Chinese-Mongolian frontier.

Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler

The Medieval Globe

This essay explores how the poetry collection Wakan rōeishū becomes an important allusive referent for two medieval Japanese works, the travelogue Kaidōki and the nō play Tsunemasa. In particular, it focuses on how Chinese poems from the collection become the means for describing Japanese spaces and their links to power, in the context of a changing political landscape.

The Painter, The Warrior, And The Sultan: The World Of Marco Polo In Three Portraits, Sharon Kinoshita

The Medieval Globe

In the wake of Edward Said’s Orientalism and postcolonial theory, Marco Polo is often cast as a quintessentially Western observer of Asian cultures. This essay seeks to break his text out of the binaries in which it is frequently understood. Returning the text to its original title, “The Description of the World,” it reconstructs the diversity of late thirteenth-century Asia through the portraits of three figures who were Marco’s contemporaries.

Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn

The Medieval Globe

This article explores ways that the concept of equine cultures, developed thus far principally in European and/or early modern and colonial contexts, might translate to premodern South Asia. As a first contribution to a history of equine matters in South Asia, it focuses on the maritime circulation of horses from the Middle East to Peninsular India in the thirteenth century, examining the different ways that this phenomenon is recorded in textual and material sources and exploring their potential for writing a new, more connected history of South Asia and the Indian Ocean world.

The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles

The Medieval Globe

Large numbers of outsiders were integrated into premodern Islamic society through the institution of slavery. Many were boys of non-Muslim parents drafted into the army, and some rose to become powerful political figures; in Egypt, after the death of Ayyubid sultan al-Salih (r. 1240–49), they formed a dynasty known as the Mamluks. For slave concubines, the route to power was different: Shajar al-Durr, the concubine of al-Salih, gained enormous status when she gave birth to his son and later governed as regent in her son’s name, converting to Islam after her husband’s death and then reigning as sultan in her …

Identity In Flux: Finding Boris Kolomanovich In The Interstices Of Medieval European History, Christian Raffensperger

The Medieval Globe

The politics of kinship and of monarchy in medieval eastern Europe are typically constructed within the framework of the modern nation-state, read back into the past. The example of Boris Kolomanovich, instead, highlights the horizontal interconnectivity of medieval Europe and its neighbors and demonstrates the malleability of individual identity within kinship webs, as well as the creation of situational kinship networks to advance individuals’ goals.

Periodization And “The Medieval Globe”: A Conversation, Kathleen Davis, Michael Puett

The Medieval Globe

The period categories “medieval” and “modern” emerged with—and have long served to define and legitimate—the projects of western European imperialism and colonialism. The idea of “the medieval globe” is therefore double edged. On the one hand, it runs the risk of reconfirming the terms of the colonial, Orientalist history through which the “medieval” emerged, thus homogenizing the plural temporalities of global cultures and effacing the material effects of the becoming of the Middle Ages and its relationship to conditions of globalization. On the other hand, “the medieval globe” brings to bear a comparative focus that does not ask when and …

Editor’S Preface, Carol Symes

The Medieval Globe

No abstract provided.

The Medieval Globe 2.1 (2016), Carol Symes

The Medieval Globe

No abstract provided.

54/12/17 Blythin Outlines Possible Verdicts In Charge To Jury, Cleveland Press

All Articles

The article describes the legal directions Judge Blythin gave the trial jury to follow to find a verdict. He also discussed the different degrees of guilt possible in the verdict, the difference between direct evidence and circumstantial evidence, and the jury's option to recommend mercy (so Sam wouldn't face the death penalty.)

Paris Climate Change Accord Is Just The Beginning, Lauren Carasik

Media Presence

No abstract provided.

The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder

DePaul Journal of Women, Gender and the Law

“The Constitution and Societal Norms: A Modern Case for Female Breast Equality” argues that laws prohibiting the public display of the female breast, but not the male breast, are unconstitutional under the Fourteenth Amendment’s Equal Protection Clause. That these laws discriminate against women is obvious, yet courts have historically refused to recognize an Equal Protection Clause violation. However, the primary reasons courts rely upon are ripe for review. Most significantly, courts typically justify female breast censorship laws based on the government interest in protecting public sensibilities, without recognizing that public sensibilities change. Indeed, perceptions of the public female breast have …

All Is Not Fair In Love And War: An Exploration Of The Military Masculinity Myth, Meghan O'Malley

DePaul Journal of Women, Gender and the Law

Sexual assault has become pandemic and even a common occurrence among the ranks of all branches of the U.S. military. The Department of Defense estimates that in the year 2012 alone, 26,000 active duty soldiers were sexually assaulted. The military rape culture was thrust to the forefront of the media in 1991 as a result of the Tailhook Scandal. The military and Congress have not sat idly by, but twenty-three years and hundreds of thousands of assaults later, nothing has successfully alleviated the rates of sexual violence.

This paper explores why such efforts have failed to produce the desired results …

Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem

DePaul Journal of Women, Gender and the Law

This paper explores how the human right of religious freedom has been conceptually and pragmatically developed under international law within the European Court of Human Rights as applied to veiled Muslim women. This paper analyzes the application of human rights guarantees as established in the European Convention on Human Rights and case law established by the European Court that has interpreted international documents to determine the religious freedoms of veiled Muslim women in the public sphere. The analytical framework identifies the divergence between liberal and third wave feminist approaches to the Islamic veil, and identifies the feminist approaches to international …

Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia

DePaul Journal of Women, Gender and the Law

Prison is an oppressive institution created for men, by men. While some may argue that oppression is the point of prison, this oppression is still created for and directed toward men. Because the paradigm of a prisoner is a violent male, the needs and concerns of women are often not considered. Female prisoners, therefore, experience layers of oppression: intended oppression inherent in the prison system, as well as gender-based oppression inherent in our society. Furthermore, incarcerated mothers experience a third layer of oppression due to their roles and expectations in society. “The mother” is glorified, but when a woman breaks …

Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman

Publications and Research

A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush’s Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The executive order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study found …

December 17, 2015: Underlying Consensus?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Underlying Consensus?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Newsroom: Yelnosky On Diversifying State Judiciary, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

What Happens If We Call Discrimination A Tort?, Anthony J. Sebok

Online Publications

Sandra Sperino’s Let’s Pretend Discrimination is a Tort, 75 Ohio St. L.J. 1107 (2014), argues that if the United States Supreme Court is really serious about treating Title VII and other federal anti-discrimination laws as nothing more than extensions of tort law, then the current Supreme Court’s anti-plaintiff approach is insupportable. Sperino does not hide her personal disapproval of the current trend to “tortify” federal anti-discrimination law (especially Title VII), but she recognizes that the fight against discrimination may have to be fought “through any means necessary” (to quote Malcolm X, not Sperino). So her article is a bit …

Abraham C. Bates V. District Court : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

No abstract provided.

Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn P. Gouldin, James B. Jacobs, Elena Larrauri

Fordham International Law Journal

Because the revolution in information technology has made individual criminal history records more comprehensive, efficient, and retrievable, an individual’s criminal history has become an ever more crucial marker of character and public identity. The broad range of collateral consequences of criminal convictions has become a very salient issue for criminal justice scholars and reformers. A single criminal conviction can trigger thousands of potentially applicable restrictions, penalties, or other civil disabilities. There is no better example of this phenomenon than immigration law and policy, where developments in data storage and retrieval converge with opposition to immigration, especially to immigrants who bear …

‘We Are The Monitors Now’: Experiential Knowledge, Transcorporeality And Environmental Justice, Dayna Scott

Articles & Book Chapters

Residents of pollution hotspots often take on projects in ‘citizen science’, or popularepidemiology, in an effort to marshal the data that can prove their experience of the pollution to the relevant authorities. Sometimes these tactics, such as pollution logs or bucket brigades, take advantage of residents’ spatially ordered and finely honed experiential and sensory knowledge of the places they inhabit. But putting that knowledge into conversation with law requires them to mobilize a new, ‘foreign’ set of tools, primarily oriented to the observation, measurement and sampling of pollution according to conventional scientific standards. Here, I employ qualitative empirical methods in …

Harrison V. Roitman, 131 Nev. Adv. Op. 92 (Dec. 17, 2015), Michael Coggeshall

Nevada Supreme Court Summaries

The Court determined that absolute immunity applies to party-retained expert witnesses as well as court appointed witnesses. Party-retained expert witnesses have absolute immunity from suits for damages arising from statements made in the course of judicial proceedings.