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American University Washington College of Law

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Articles 481 - 510 of 658

Full-Text Articles in Criminal Law

Updates From The International Criminal Courts, Mariam Ahmedani, Anne Heindel, Jeffrey Forbes, Robin Murphy, Leslie Thompson Jan 2006

Updates From The International Criminal Courts, Mariam Ahmedani, Anne Heindel, Jeffrey Forbes, Robin Murphy, Leslie Thompson

Human Rights Brief

No abstract provided.


A Tribute To Professor Charles J. Ogletree, Jr., Roger Fairfax Jan 2006

A Tribute To Professor Charles J. Ogletree, Jr., Roger Fairfax

Scholarly Articles in Law Reviews & Journals

I recall vividly how, as a junior at Harvard College, I landed a coveted position on Professor Ogletree's office hours list. My ostensible purpose for taking an office hours slot away from a deserving law school student was to discuss the college seminar paper I was writing on the District of Columbia statehood movement. Although I did leave that meeting with several fruitful research leads, I was much more satisfied with achieving my true aim-to meet in person this man about whom I had heard so many wonderful things. The professor did not disappoint. As I sat in his office-the …


Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson Jan 2006

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …


Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins Jan 2006

Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2006

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding Jan 2006

The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding

American University Law Review

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …


Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan Jan 2006

Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan

American University Law Review

This Comment argues that though the doctrine of forfeiture by wrongdoing allows a court to forfeit both a defendant’s right to object to the admission of hearsay statements and the right of confrontation, the current state of the law requires all out-of-court statements admitted under Rule 804(b)(6) to possess some level of reliability in order to satisfy due process. Part I of this Comment discusses the doctrine of forfeiture by wrongdoing, the courts’ treatment of this principle prior to 1997, and its codification into the Federal Rules of Evidence. Part II looks at Confrontation Clause issues unique to hearsay exceptions …


Bluffing? The Legislative Response To Internet Gambling, Jon Feldon Jan 2006

Bluffing? The Legislative Response To Internet Gambling, Jon Feldon

American University Criminal Law Brief

No abstract provided.


Letter From The Editor, Laurita M. Denny Jan 2006

Letter From The Editor, Laurita M. Denny

American University Criminal Law Brief

No abstract provided.


Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell Jan 2006

Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee Jan 2006

The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Heaven Help Us: The Religious Land Use And Institutionalized Persons Act's Prisoners Provisions In The Aftermath Of The Supreme Court's Decision In Cutter V. Wilkinson, Morgan F. Johnson Jan 2006

Heaven Help Us: The Religious Land Use And Institutionalized Persons Act's Prisoners Provisions In The Aftermath Of The Supreme Court's Decision In Cutter V. Wilkinson, Morgan F. Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher Jan 2005

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher

Human Rights Brief

No abstract provided.


Keynote Address: Integrating The Work Of The Icc Into Local Justice Initiatives, Luis Moreno-Ocampo Jan 2005

Keynote Address: Integrating The Work Of The Icc Into Local Justice Initiatives, Luis Moreno-Ocampo

American University International Law Review

No abstract provided.


Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher Jan 2005

Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher

American University International Law Review

No abstract provided.


Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison Jan 2005

Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison

The Modern American

No abstract provided.


Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza Jan 2005

Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza

American University International Law Review

No abstract provided.


Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier Jan 2005

Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier

American University International Law Review

No abstract provided.


Updates From The International Criminal Courts, Nicolas M. Rouleau, Annelies Brock, Daisy Yu, Anne Heindel, Mario Cava, Tejal Jesrani Jan 2005

Updates From The International Criminal Courts, Nicolas M. Rouleau, Annelies Brock, Daisy Yu, Anne Heindel, Mario Cava, Tejal Jesrani

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Mario Cava, Tejal Jesrani, Christian De Vos, Anna Triponel, Anne Heindel Jan 2005

Updates From The International Criminal Courts, Mario Cava, Tejal Jesrani, Christian De Vos, Anna Triponel, Anne Heindel

Human Rights Brief

No abstract provided.


Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry Jan 2005

Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry

Human Rights Brief

No abstract provided.


De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle Jan 2005

De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson Jan 2005

Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.


Ambiguity And The Academic: The Dangerous Attraction Of Pan-Indian Legal Analysis, Ezra Rosser Jan 2005

Ambiguity And The Academic: The Dangerous Attraction Of Pan-Indian Legal Analysis, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Evidence Destroyed, Innocence Lost: The Preservation Of Biological Evidence Under Innocence Protection Statutes, Cynthia Jones Jan 2005

Evidence Destroyed, Innocence Lost: The Preservation Of Biological Evidence Under Innocence Protection Statutes, Cynthia Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman Jan 2005

The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.


Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington Jan 2005

Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Roper V. Simmons, Jennifer Eswari Borra Jan 2005

Roper V. Simmons, Jennifer Eswari Borra

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Anthrax Hoaxes, Ira Robbins Oct 2004

Anthrax Hoaxes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist and who was condemned by the media. Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond. Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …


Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas Jun 2004

Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas

American University Law Review

No abstract provided.