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Student Life E-Newsletter April 03, 2023
https://digitalcommons.law.seattleu.edu/studentlife/1126/thumbnail.jp
Good Newsletter December 12, 2023
https://digitalcommons.law.seattleu.edu/goodnewsletter/1009/thumbnail.jp
The Reality of Assisted Reproductive Technology: A Call for the Prohibition of Donor Anonymity
Student Life E-Newsletter January 17, 2023
https://digitalcommons.law.seattleu.edu/studentlife/1116/thumbnail.jp
A Synthesis of the Science and Law Relating to Eyewitness Misidentifications and Recommendations for How Police and Courts Can Reduce Wrongful Convictions Based on Them
The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and should not—conduct eyewitness identification procedures. Finally, the Article concludes by making law and policy recommendations for handling eyewitness identification evidence in ways that can reduce wrongful convictions
Student Life E-Newsletter January 09, 2023
https://digitalcommons.law.seattleu.edu/studentlife/1115/thumbnail.jp
Student Life E-Newsletter April 24, 2023
https://digitalcommons.law.seattleu.edu/studentlife/1129/thumbnail.jp
Change by Drips and Drabs or No Change at All: The Coming UNDRIP Battles in Canadian Courts
The enactment of the United Nations Declaration on the Rights of Indigenous Persons (“UNDRIP”) into Canadian law has long been a goal for Indigenous groups in Canada. Its enactment has been entailed as potentially game changing. Commentators have argued that the incorporation of UNDRIP into Canadian law will produce a wholesale transformation of Canadian law, including providing a veto to Indigenous groups to development on their traditional lands and eliminating the doctrine of discovery. In this paper, I consider various arguments that have been advanced as to how UNDRIP may require changes to Canadian law. I argue, conversely, that Canada’s decision to unequivocally endorse UNDRIP is likely to have profoundly limited consequences for the Canadian legal order, particularly if it is not enacted in the legislation of all provinces. I focus on three particular issues: 1. The mechanism of incorporation of UNDRIP and what specific legislative mechanisms will be used to incorporate UNDRIP into Canadian law; 2. The impact of incorporation or lack thereof of UNDRIP into provincial law; and 3. The role of international law, including soft-law instruments, in the interpretation of the constitution or of legislation in Canada. After considering all three areas of law, I argue that in all three cases, the effects of UNDRIP are likely to be minimal, at least in the short term