Civil Law Commons^™

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith

Faculty Publications

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …

The Supreme Court's Civil Assault On Civil Procedure, Alexander A. Reinert

Articles

No abstract provided.

In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider

School of Law Faculty Publications

Abstract:

Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of …

A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton

Seattle University Law Review

Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting …

Cross-Racial Misidentification: A Call To Action In Washington State And Beyond, Taki V, Flevaris, Ellie F. Chapman

Seattle University Law Review

Research indicates eyewitness identifications are incorrect approximately one-third of the time in criminal investigations. For years, this phenomenon has significantly contributed to wrongful convictions all over the country, including in Washington State. But jurors, attorneys, and police remain unaware of the nature and extent of the problem and continue to give undue weight to eyewitness evidence. Experts have estimated that approximately 5,000–10,000 felony convictions in the United States each year are wrongful, and research suggests that approximately 75% of wrongful convictions involve eyewitness misidentification. The phenomenon of eyewitness misidentification is also amplified and most troublesome in the context of cross-racial …

Prisoners Of Debt: Costs And Consequences Of Civil Penalties And Routine Criminal Procedures, Russell C. Gabriel, Charles E. Auslander Iii, Sarah Geraghty, Edward Brumby

Working in the Public Interest Conferences

This panel will consider the costs incurred by people when their lives become entwined with law enforcement, the collateral consequences of criminal sentences, and civil penalties. From the fees associated with probation, to the costs that a person incurs when they are arrested for a failure to appear in court, to the consequences of being jailed when bail exceeds a person's means, are the punitive consequences proportionate to the offense? This panel discussed the costs incurred by citizens who become trapped in a cycle of debt and imprisonment and the options for alleviating undue collateral consequences.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Property Rights In Eastern Germany: An Overview Of The Amended Property Law, A. Bradley Shingleton, Volker Ahrens, Peter Ries

Georgia Journal of International & Comparative Law

No abstract provided.

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …

Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson

Journal of Interdisciplinary Feminist Thought

No abstract provided.

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

Informed Consent In Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring The Mediator's Ethical Duties, Michael T. Colatrella Jr.

Cardozo Journal of Conflict Resolution

In explaining the proper role of informed consent in mediation, this Article will proceed as follows: Part II will examine mediation's core ethical values of self-determination, impartiality and promoting a quality process. Part III will explore the meaning and origins of the informed consent doctrine; and, in Part IV, analyze the application of informed consent policies and principles to mediation in the light of mediation's core ethical values. Part V will explore ways that mediators can promote informed outcome consent within the existing ethical framework and recommend legislative reform that will help clarify the mediator's proper role of promoting fair …

Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson

Pomona Senior Theses

The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …

Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee

Seattle University Law Review

Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …

The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle

Seattle University Law Review

While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling …

The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson

Seattle University Law Review

In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …

The Paradoxes Of Restitution, Mark A. Edwards

Faculty Scholarship

Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.

First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.

Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

In 2007, Professor Eric K Yamamoto acknowledged that reparations theory and practice had reached a crossroads and called for a new strategic framework that reparations advocates could utilize in working to achieve redress for social and historical wrongs. This Article attempts to answer Yamamoto's call. In it, I situate my proposal for a truth commission to redress the post-9/11 torture program in a new Inclusive Model for Social Healing. In the past, reparations advocates have relied on litigation-a strategic model that excludes participants other than the named parties-to

obtain redress. By increasing the number of stakeholders in a reparations scheme, …

Brief Remarks On Intersocietal Responsibility And Canada’S Honour In The Case Of Angelica Choc V. Hudbay Minerals Inc., Craig Scott

Editorials and Commentaries

"These remarks were presented in Toronto on December 1, 2010, at a press conference convened by the Toronto law firm of Klippensteins, who represent Angelica Choc, the widow of Adolfo Ich Chamán."

Civil Partnership: Your Questions Answered - A Comprehensive Analysis Of The Civil Partnership Bill, Fergus Ryan

Reports

The Civil Partnership Bill 2009 arguably represents the most momentous change in Irish Family Law in a generation. The Bill proposes a substantial new legal status for registered same-sex partners, as well as important changes to the law as it relates to cohabitants. This report addresses the provisions of the Bill as initiated, analysing the potential impact of the Bill in clear and accessible language. The Report also highlights potential difficulties with the Bill, and suggests possible enhancements to the Bill as initiated.

Why Paretians Can’T Prescribe: Preferences, Principles, And Imperatives In Law And Policy, Robert C. Hockett

Cornell Law Faculty Publications

Recent years have witnessed two linked revivals in the legal academy. The first is renewed interest in articulating a normative “master principle” by which legal rules might be evaluated. The second is renewed interest in the prospect that a variant of Benthamite “utility” might serve as the requisite touchstone. One influential such variant now in circulation is what the Article calls “Paretian welfarism.”

This Article rejects Paretian welfarism and advocates an alternative it calls “fair welfare.” It does so because Paretian welfarism is inconsistent with ethical, social, and legal prescription, while fair welfare is what we have been groping for …

The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill

Articles & Chapters

The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …

She...Refuses To Deliver Up Herself As The Slave Of Your Petitioner': Émigrés, Enslavement, And The 1808 Louisiana Digest Of The Civil Laws (Symposium On The Bicentennial Of The Digest Of 1808--Collected Papers), Rebecca J. Scott

Articles

Philosophically and juridically, the construct of a slave-a "person with a price"--contains multiple ambiguities. Placing the category of slave among the distinctions of persons "established by law," the 1808 Digest of the Civil Laws Now in Force in the Termtoiy of Orleans recognized that "slave" is not a natural category, inhering in human beings. It is an agreement among other human beings to treat one of their fellows as property. But the Digest did not specify how such a property right came into existence in a given instance. The definition of a slave was simply ostensive, pointing toward rather than …

“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan

Working Paper Series

This review essay of Mary Ann Glendon's Traditions in Turmoil (2006) explores such topics as tradition, moral discourse, human rights, subsidiarity, natural law, the common good, civil society, and constitutional and statutory interpretation. In doing so, it provides an introduction both to Catholic social thought and to the thought of Bernard Lonergan.

Richard B. Lillich Memorial Lecture: New Directions In The Struggle Against Human Trafficking, Mark Sidel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Re-Thinking Trade And Human Rights, Andrew T. Lang

ExpressO

The last decade has seen the development of a burgeoning literature on the relationship between international trade and the protection of human rights, driven in part by a series of influential reports produced by the Office of the UN High Commissioner for Human Rights. Some human rights commentators have been heavily critical of the trade regime, pointing to a variety of ways in which obligations under international trade law purportedly undermine the ability of governments to fulfil their human rights obligations. Others see the potential for strong synergies between the two regimes, and argue that international trade can be a …