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“No” Still Means “Yes”: The Failure Of The “Non-Consent” Reform Movement In American Rape And Sexual Assault Law, John F. Decker, Peter G. Baroni 2011 Northwestern Pritzker School of Law

“No” Still Means “Yes”: The Failure Of The “Non-Consent” Reform Movement In American Rape And Sexual Assault Law, John F. Decker, Peter G. Baroni

Journal of Criminal Law and Criminology

No abstract provided.


Redistributive Policing, Nirej S. Sekhon 2011 Northwestern Pritzker School of Law

Redistributive Policing, Nirej S. Sekhon

Journal of Criminal Law and Criminology

No abstract provided.


Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer 2011 Northwestern Pritzker School of Law

Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer

Journal of Criminal Law and Criminology

No abstract provided.


Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy 2011 Northwestern Pritzker School of Law

Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy

Journal of Criminal Law and Criminology

No abstract provided.


Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan 2011 Northwestern Pritzker School of Law

Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan

Journal of Criminal Law and Criminology

No abstract provided.


Bark With No Bite: How The Inevitable Discovery Rule Is Undermining The Supreme Court’S Decision In Arizona V. Gant, Scott R. Grubman 2011 Northwestern Pritzker School of Law

Bark With No Bite: How The Inevitable Discovery Rule Is Undermining The Supreme Court’S Decision In Arizona V. Gant, Scott R. Grubman

Journal of Criminal Law and Criminology

No abstract provided.


Consent Is Not A Defense To Battery: A Reply To Professor Bergelson, Luis E. Chiesa 2011 Pace Law School

Consent Is Not A Defense To Battery: A Reply To Professor Bergelson, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

Professor Vera Bergelson expressed puzzlement over the fact that those who feel "trapped in the wrong body" can "consent to a sex change operation, which often involves the removal of healthy sexual organs," whereas those who would feel happier being amputees "cannot consent to amputation of an arm or a leg.” Bergelson is equally puzzled by the fact that a spouse may physically injure her partner pursuant to practices of religious flagellation, but she may not cause similar injuries pursuant to sadomasochistic sexual practices. The purpose of this brief essay is to explain why I believe that the aforementioned cases …


Courts' Increasing Consideration Of Behavioral Genetics Evidence In Criminal Cases: Results Of A Longitudinal Study, Deborah W. Denno 2011 Fordham University School of Law

Courts' Increasing Consideration Of Behavioral Genetics Evidence In Criminal Cases: Results Of A Longitudinal Study, Deborah W. Denno

Faculty Scholarship

This article, which is part of a symposium honoring David Baldus, presents a unique study of all criminal cases (totaling thirty-three) that addressed behavioral genetics evidence from June 1, 2007, to July 1, 2011. The study builds upon this author’s prior research on all criminal cases (totaling forty-eight) that used such evidence during the preceding thirteen years (1994-2007). This combined collection of eighty-one criminal cases employing behavioral genetics evidence offers a rich context for determining how the criminal justice system has been handling genetics factors for nearly two decades, but also why the last four years reveal particularly important discoveries. …


A Reexamination Of Us Heroin Policy, Daniel Fogel 2011 Claremont McKenna College

A Reexamination Of Us Heroin Policy, Daniel Fogel

CMC Senior Theses

Misguided drug policy in the United States has led to many severe social and economic problems that have burgeoned over the past century.  I analyzed heroin policy specifically, investigating new treatment methods and alternative decriminalization policies that would ameliorate some of these problems.


Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle 2011 Claremont McKenna College

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle

CMC Senior Theses

Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …


Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins 2011 University at Buffalo Law School (Student)

Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins

Buffalo Law Review

No abstract provided.


Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.


Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum

Scholarly Works

Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …


Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser

Scholarly Works

In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …


State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens 2011 Western New England University School of Law

State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens

Faculty Scholarship

This Article focuses on the debate concerning state constitutional expansion of criminal-procedure protections. It examines two such rights: (1) the protection against unreasonable searches and seizures; and (2) the right to the assistance of counsel in defending a criminal case. Each of these rights is embodied in both the federal and most, if not all, state constitutions. Each right is thus doubly applicable to the states, first, through the federal version by virtue of its incorporation into the Fourteenth Amendment’s due process protection and, second, through the state constitution’s version of the cognate right. So focused, the question is, what …


How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss 2011 University of Richmond

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Richmond Public Interest Law Review

Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love's death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of …


Informal Law-Making In England By The Twelve Judges In The Late 18th And Early 19th Centuries, James Oldham 2011 Georgetown University Law Center

Informal Law-Making In England By The Twelve Judges In The Late 18th And Early 19th Centuries, James Oldham

Georgetown Law Faculty Publications and Other Works

In 1848, Parliament created the Court for Crown Cases Reserved, in which all of the common law judges heard and decided questions reserved by trial judges in criminal cases. As Sir John Baker explains, this was “a court of record, which would now sit in public and give reasons for its decisions,” even though “the reservation of cases was still at the discretion of the trial judge and the court did not have the powers of the court en banc in civil cases.” The Court for Crown Cases Reserved formalized an off-the-record procedure that had been followed for centuries. When …


Williams V. Illinois And The Confrontation Clause: Does Testimony By A Surrogate Witness Violate The Confrontation Clause?, Paul F. Rothstein, Ronald J. Coleman 2011 Georgetown University Law Center

Williams V. Illinois And The Confrontation Clause: Does Testimony By A Surrogate Witness Violate The Confrontation Clause?, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

This article comprises a four-part debate between Paul Rothstein, Professor of Law at Georgetown Law Center, and Ronald J. Coleman, who works in the litigation practice group at Cleary Gottlieb Steen & Hamilton LLP, on Williams v. Illinois, a Supreme Court case that involves the Confrontation Clause, which entitles a criminal defendant to confront an accusing witness in court. The issue at hand is whether said clause is infringed when a report not introduced into evidence at trial is used by an expert to testify about the results of testing that has been conducted by a non-testifying third party. …


The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes 2011 Schulich School of Law, Dalhousie University

The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes

LLM Theses

Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …


Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau 2011 Schulich School of Law, Dalhousie University

Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau

LLM Theses

The concept of dangerousness in Canadian and French criminal law is a central component in the development of prophylactic measures, such as section 810.1 and 810.2 of the 'Criminal Code' and similar French provisions. The imposition of preventive measures to control the risk of future behaviour of potentially dangerous individuals relies on inexact science to determine and assess dangerousness. In the last decades, several risk assessment tools have been developed, notably some in Canada, but their reliability in predicting dangerousness varies. The objectivity and reliability of a determination of dangerousness can be affected not only by the type of risk …


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