Tuesday, June 14, 2005
We at Cincinnati are thrilled that Lou Bilionis, Samuel Ashe Distinguished Professor of Constitutional Law at North Carolina, has been named our next dean (subject to approval by the university's board of trustees). From the provost's memo announcing Lou's appointment:
Professor Bilionis has amassed a distinguished publication record as a noted scholar and teacher in the fields of constitutional and criminal law and theory. As noted by his former dean of ten years, Professor Bilionis is "a scholar's scholar and a teacher's teacher." The College of Law and the University are at an important juncture. Professor Bilionis will bring to the deanship a keen vision of the College's abundant opportunities for advancement especially as the University pursues the UC|21 agenda. The quality of the College's faculty and its deep, abiding commitment to scholarly excellence and quality instruction were highly attractive to him. He will work tirelessly to promote the College's advancement.
We are also excited that Lou's wife, Ann Hubbard, will be joining the faculty as Professor of Law. Ann, a former law clerk to Supreme Court Justice Harry A. Blackmun and D.C. Circuit Judge Patricia M Wald, is a distinguished legal scholar and teacher in the areas of disability law, employment discrimination, and contracts. [Mark Godsey, via TaxProf Blog]
The Country Liberal Party (CLP) in Poland is running its election campaign on a promise to ensure DNA testing at every crime scene. The party also says it will create a DNA database of every person arrested, regardless of the crime. As a director of an Innocence Project, I frequently hear the comment, "We probably won't need Innocence Projects in a few years, because we now do DNA testing routinely, don't we?" If only that were true. I have several cases, including murders and rapes, that were committed in the last few years where neither side bothered to perform DNA tests prior to trial. In one of them, a murder case, recent DNA testing has demonstrated the inmate's innocence. If only we could follow the CLP's lead in this country. [Mark Godsey]
CA Supreme Court Holds Defendants Are Entitled To Personnel Records Of Officer Accused of Misconduct
Monday, June 13, 2005
From a press release: NEW YORK—Fordham University’s Interdisciplinary Center for Family and Child Advocacy will host a forum, “Mandated Reporting of Neglect, In Light of the Nicholson Decision,” on Tuesday, June 14, at 1 p.m. in the McNally Amphitheatre, Fordham Law School, 140 W. 62nd St.
The class action lawsuit Nicholson v. Scoppetta challenged the child welfare practices of New York City ’s Administration for Children’s Services (ACS), which children’s and women’s advocates say punished domestic violence victims and their children rather than protecting them. The ACS recently settled the suit by agreeing not to remove children from battered mothers and not to charge that victims of domestic violence are neglectful parents.
DATE: TUESDAY, JUNE 14
TIME: 1 P.M.
PLACE: MCNALLY AMPHITHEATRE, FORDHAM LAW SCHOOL
140 WEST 62ND STREET
NEW YORK, N.Y. 10023
Panelists will include: Charles Carson, Esq., general counsel at the New York State Office of Children and Family Services; David Lansner, Esq., a partner at Lansner and Kubistchek; Lyn Doris of Women in Need, Inc.; Kenneth Lau of Children FIRST; and George Lewert from the New York Presbyterian Medical Center. Mary Jane Cotter, J.D., M.S.W., will moderate the panel discussion.
For more information about the forum, contact Dorothy Johnson-Laird at (212) 636-6342 or firstname.lastname@example.org.
In Miller-El v. Dretke, No. 03-9659, the court held that a condemned Texas prisoner is entitled to prevail on his claim that the prosecutors violated Batson v. Kentucky in using peremptory strikes to remove 10 of 11 qualified black prospective jurors from his jury. Decision here.
In Wilkinson v. Austin , No. 04-495, the court decided that Ohio prisoners have a constitutionally protected liberty interest in avoiding assignment to a "supermax" maximum-security prison, and that the state's procedures used for classifying prisoners for supermax placement, which include a three-tier review process giving the inmate notice and opportunity for rebuttal at a hearing, comply with the Fourteenth Amendment's Due Process Clause. Decision here.
In Bradshaw v. Stumpf, No. 04-637, the court held that the Sixth Circuit erred in holding that a capital defendant's guilty plea to aggravated murder and attempted aggravated murder was not knowing, voluntary, and intelligent, because the state, in a later trial of an accomplice, pursued a theory of the case inconsistent with the theory it had advanced in the defendant's case, because the identity of the triggerman was not material to the defendant's conviction. Decision here.
In Johnson v. California, No. 04-6964, the court decided that a party objecting to the exercise of a peremptory challenge to a prospective juror need not show that it is more likely than not that the challenge, if unexplained, was based on impermissible group bias. Decision here. [Mark Godsey]
This morning's PrawfsBlawg has an interesting census of the current law professor blogging population. They report that 103 law professors currently blog; we have 24 law professors who blog as part of our Law Professor Blogs Network.
PrawfsBlawg notes that of the 103 law professor bloggers, 80.6% (83) are male and 19.4% (20) are female. The comparable numbers for the 24 members of the Law Professor Blogs Network: 62.5% (15) male and 37.5% (9) female.
Here are the law schools with the most law professor bloggers:
Law Schools with Most Law Prof Bloggers
Number of Bloggers
San Jose authorities report a regular flow of phony crime reports (note that the sexual assault director quoted in the story reports the debunked figure on the rate of false reporting in sex crimes). In England a minister was convicted of filing a false report that he had been raped. Shades of the runaway bride, in New Zealand police are seeking restitution for a false rape complaint. Here's a different kind of phony crime: Police in Scotland faked a murder scene to persuade a criminal that an ordered hit had been carried out. [Jack Chin]
This week's top 5 crim papers, with number of recent downloads on SSRN, are:
|(1)||482||Searches and Seizures in a Digital World |
Orin S. Kerr,
The George Washington University Law School,
Date posted to database: April 4, 2005
Last Revised: May 10, 2005
|(2)||138||Victims, Survivors and the Decisions to Seek and Impose Death |
Wayne A. Logan,
William Mitchell College of Law,
Date posted to database: May 2, 2005
Last Revised: May 6, 2005
|(3)||114||Improving Prosecutorial Decision Making: Some Lessons of Cognitive Science |
Alafair S. Burke,
Hofstra University - School of Law,
Date posted to database: April 26, 2005
Last Revised: May 1, 2005
|(4)||106||Comparative Law Without Leaving Home: What Civil Procedure Can Teach Criminal Procedure, and Vice Versa |
David A. Sklansky, Stephen C. Yeazell,
University of California, Los Angeles - School of Law, University of California, Los Angeles - School of Law,
Date posted to database: April 19, 2005
Last Revised: May 2, 2005
|(5)||105||Pricing Legal Options: A Behavioral Perspective |
New York University - School of Law,
Date posted to database: April 11, 2005
Last Revised: May 13, 2005
From MSNBC.com: "Child abuse and other forms of violence involving families fell by more than half between 1993 and 2002, in line with the decline in crime overall, the government said Sunday. The rate of family violence fell from about 5.4 victims to 2.1 victims per 1,000 residents age 12 and older, according to a report by the Bureau of Justice Statistics.
The study by the Justice Department agency found that:
- 73 percent of victims were female.
- 75 percent of offenders were male.
- most of all family violence happened in or near the victim’s home.
- 74 percent of victims were white.
- most victims were between 25 and 54.
- 79 percent of offenders were white; most were at least 30.
Esta Soler, president of the Family Violence Prevention Fund, said the report “offers a ray of hope that our nation is finally on the right track in addressing the violence that devastates so many families in this country. “But our work is not nearly done. Domestic, dating and family violence are still taking a terrible toil,” she said." Story here. [Mark Godsey]
Sunday, June 12, 2005
The Law Professor Blogs Network is proud to announce a collaboration with Juris Novus, one of the finest law blog aggregators online. Juris Novus will be featuring a rotating cast of blogs from our Network.
Statement from Juris Novus:
Keeping up with the blogsphere is a daunting task as new blogs come online daily. Juris Novus provides order and centralization, pulling together relevant headlines and presenting them on a single page. Law professors greatly influence the legal blogsphere. Academia demands a clear writing voice and current knowledge of legal ongoings. Successful blogging demands the same, it comes as no surprise that professors have risen to the top of the law blogsphere. In honor of those law professors who have contributed to the rich culture of the legal blogsphere, Juris Novus features a heavier balance of law professor blogs.
Juris Novus is updated three times an hour and stores headlines on a history page when you miss a day. Save time and simplify your day with Juris Novus. Thank you for making the legal blogsphere a better place!
From NPR.com: "This week, Texas made landmark use of a fetal protection law. A 19-year-old man was sentenced to life in prison for helping his pregnant girlfriend miscarry their twins. The 17-year-old girl was not charged. Many question the statute's application in the case, which they say differs from lawmakers' original intent." Listen to story here. [Mark Godsey]