Criminal Law and Policy News and Events for the University of Arizona Community

Fall, 2008 Criminal Classes

For students considering careers in criminal practice or policy, here are some classes to think about for next semester:

Criminal Classes
Arizona White Collar Crime (Evans)
Criminal Justice Policy Seminar (Chin) (Lecture series and paper, including substantial paper)
Practicing Therapeutic Jurisprudence (Wexler) (This year, the class has a criminal focus.)
Social Cognition and Criminal Law (Fontaine)
Potential New Addition: Regulation of Sex (Orbach and Chin)

Classes in Eller, School of Public Administration and Policy that Law Students May Take:

PA 543 White Collar and Organizational Crime (Neil Vance)
PA 596K National-Level Security Policies (Chris Demchak)
PA 596L Governance as a Response to Terrorism (Chris Demchak)

Some Other Highly Relevant Classes
Accounting for Lawyers
Basic Trial Advocacy
Constitutional Law II
Evidence
Legal Profession

Clinics/Externships
Prosecution
Defense
Attorney General
Child Advocacy
Domestic Violence
Federal Public Defender Externship
Immigration
Civil Rights Restoration

Question Raised Over Constitutionality of Administrative Patent Judge Appointment Process

(Note:  This one is a bit off-topic for this forum, but it really caught my attention.)   
NYT has an article about GWU Law Professor John Duffy's discovery that a 1999 change in how administrative patent judges are appointed might have resulted in the unconstitutional appointment of 46 of the 74 judges sitting on the Board of Patent Appeals and Interferences.  Duffy lays out the details in an 11-page paper available over at SSRN.  From the abstract:  "As amended in 1999, 35 U.S.C. § 6 authorizes the Director of the Patent and Trademark Office (PTO) to appoint all administrative patent judges of the Board of Patent Appeals and Interferences. That method of appointment is almost certainly unconstitutional, and the administrative patent judges serving under such appointments are likely to be viewed by the courts as having no constitutionally valid governmental authority."  This could invalidate many Board decisions made since March 2000.  The appointment process change seems to have flown under the radar of DoJ's Office of Legal Counsel, which is tasked with screening voluminous, pending legislation for issues of constitutionality.  DoJ is tight-lipped about Duffy's assertions, with government attorneys only acknowledging that a legislative solution is being sought.  As for the possibility of Duffy being wrong, the Supreme Court's 1991 ruling in Freytag v. Commissioner  would seem to debunk the notion that patent judges are mere employees and not "inferior officers" whose appointments fall under Art. II, §2, cl. 2, of the Constitution.  Under Freytag, also likely to be refuted is the holding that the director of the patent office is a department head who possesses power of appointment, as the PTO falls under the Commerce Dept. and as such is not itself a cabinet-level entity whose head is granted such powers.  One company affected by this, TransLogic, has asked the Supreme Court to review its case.  The mind reels when trying to comprehend the tech sector upheaval that could occur if Duffy's assertions hold true.

Wednesday Lunch Speaker: Economics of the Criminal Justice System

Deputy Pima County Public Defender David Euchner will speak on Economics of the Criminal Justice System: Minimizing Costs and Maximizing the Return of a Safe and Free Society Wednesday in Room CC-111 at 12:15.  Lunch served at Noon. Reading. (Full text can only be downloaded from a U of A internet address) Co-Sponsored with the Federalist Society.

This week's trials in Pima County Superior Court

This week's Superior Court Criminal trials are shown here:

http://www.pcao.pima.gov/press.htm

Speakers on Domestic Violence Court

Prof. Hartley has invited Judge Peyton, from Pima County's specialized
Domestic Violence Court, to speak about his experiences running the DV Court.
Judge Peyton  will also have with him the DV prosecutor and a defense attorney to
add their input and answer any questions.

He will be speaking tomorrow, April 22nd, in room 405ss in the
McClelland Hall building from 3:30 to 4:45.

Anyone who is interested is welcome to attend.

Program in Criminal Law & Policy speaker, Wed., April 23

University of Arizona Professor Kathie Barnes, Racial Disparities in the Criminal Justice System.

Room CC-110, 12:15 p.m.  Lunch will be served.

CLE certificate: Download lcjsp_certificate_04_23_08.doc

This week's trials in Pima County Superior Court

This week's Superior Court Criminal trials are shown here:

http://www.pcao.pima.gov/press.htm

DNA Database to Expand to All Federal Arrestees

Story Here.

The U.S. Army War College Will Participate in the Program in Criminal Law & Policy Speaker Series, Wed., April 16

For the third year in a row, the Army War College is sending a group of its students to discuss and take questions on United States national security issues. The "students" are experienced U.S. Army Intelligence Officers who are essentially training for top-level national security spots and even to be future generals. The discussions in the past have been extremely interesting.

Room CC-110, 12:15.  Lunch will be served.

CLE certificate: Download lcjsp_certificate_04_16_08.doc

This week's trials in Pima County Superior Court

This week's Superior Court Criminal trials are shown here:

http://www.pcao.pima.gov/press.htm

News Segment on Neuroscience and Psychopathy

Please see the following brief news segment on developing neuroscientific study of psychopaths:

http://www.msnbc.msn.com/id/21134540/vp/24074869#23711245