Advancing Faculty DiversityThrough Self-Directed Mentoring

Mentoring is widely acknowledged to be important in career success, yet may be lacking for female and minority law professors, contributing to disparities in retention and promotion of diverse faculty. This Article presents the results of a unique diversity mentoring program conducted at one law school. Mentoring is often thought of as something directed by the mentor on behalf of the protégé. Our framework inverts that model, empowering diverse faculty members to proactively cultivate their own networks of research mentors. The studied intervention consisted of modest programming on mentorship, along with supplemental travel funds to focus specifically on travel for the purpose of cultivating mentors beyond one’s own institution. Participants were responsible for setting their own mentorship goals, approaching mentors and arranging meetings, and reporting annually on their activities and progress. Both quantitative and qualitative evidence demonstrate that the program has been effective along its measurable goals in its first year. Participants report growing their networks of mentors, receiving significant advice on research and the tenure process, and being sponsored for new opportunities. The authors conclude that this type of mentoring initiative, if more broadly applied, could have a significant impact on reducing disparities in retention and promotion in the legal academy. To facilitate such replication, the Article describes both the process of designing the program and the actual operation of the program as carried out at one school. In sum, the Article offers a concrete starting point for discussions at any law school interested in advancing faculty diversity through improved mentoring

Virtual Witness Confrontation in Criminal Cases

Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity. One of the many reasons cited to explain this phenomenon focuses on the expense and difficulty of mounting cases of such international proportions and which involve evidence, suspects, victims, and witnesses from around the globe. In an effort to help close the impunity gap that surrounds piracy, this Article offers a potential solution to the difficulties associated with obtaining live witness testimony. It proposes a rule to allow witnesses under some circumstances to testify remotely by way of two-way, live videoconferencing technology. While remote testimony need not become the norm in maritime piracy cases, the proposed rule is carefully structured to balance both the public\u27s and the defendant\u27s interest in a fair trial

Funding Terrorism: The Problem of Ransom Payments

This Article draws on the literature about norm influence to suggest an answer: adopting these measures has the potential to impact behavior in a meaningful and constructive way in the future. A norm refers to the appropriate or desired behavior within a community as to a particular issue. A new norm spreads with the help of agents, typically referred to as norm entrepreneurs, who use persuasion to convince a critical mass of actors in the international community to adopt the preferred behavior. In other words, over time, norms can become so pervasive that they change behavior. In fact, this Article suggests that the only realistic avenue to produce change in this context is through persuasion, as opposed to force. Consider the ethical dilemma. Even if a state is comfortable enforcing its own no- concessions policies, why would it want to assume the ethical burden of forcing another state to sacrifice the lives of its citizens? States may feel similarly as regards the private sector: while they may not want the private sector to pay ransoms, punishing individuals who pay under duress for the safe return of their loved ones is not generally consistent with the criminal law: it seems ethically and morally wrong. Urging states and citizens to refuse to pay ransoms because doing so serves the greater goals of depriving terrorists of funding and the motivation for future kidnappings is a different matter. When one urges, as opposed to forces, one does not assume the ultimate decision of whether to pay or not. The section that follows provides some background on the rise in kidnapping for ransom to finance terrorism, including a description of how the funds are used to help some groups and further their terrorist activities. The remaining sections seek to explain the puzzle identified above: why the G8 states would issue a communiqué and why the Security Council would adopt resolutions that do not create clear and binding obligations backed by enforcement measures to hold states accountable should they fail to adhere to—and make their citizens adhere to—a terrorist ransom ban

Recent Developments in Indiana Evidence Law: October 1, 2014 to September 30, 2015

The Indiana Rules of Evidence ("Rules") were codified in 1994. Since that time, the rules have been applied, explained, and interpreted through court decisions. They have also been refined through statutory revisions. This Article describes the developments in Indiana evidence law during the survey period of October 1, 2014, through September 30, 2015. This Article is not intended to provide an exhaustive discussion of every case applying an Indiana Rule of Evidence. Nor does the Article discuss every Indiana Rule of Evidence. Rather, it summarizes the more important developments in this area of practice. The discussion topics follow the order of the Rules

Gunslingers on the High Seas: A Call for Regulation

Since only mid-2011, states have increasingly authorized their shippers to hire private armed guards to protect them as they travel through pirate-infested waters. Estimates indicate that in 2011, the percentage of ships employing armed guards rose from approximately 10% to upwards of 50%. Primarily, the guards are hired out by the 200 to 300 private maritime security companies (PMSCs) that have been created overnight to capitalize on this new opportunity. This article recognizes the importance of protecting innocent seafarers from violent pirate attacks. It also recognizes that the worlds' navies may not be able to protect each and every ship and crew from being attacked. Nevertheless, it argues that states should not be permitted to include private citizens in the fight against piracy without first ensuring that those guards will abide by governing laws and norms and be held accountable should they fail to do so. Yet, as the article shows through a comparison and analysis of the laws and guidance of five states, only some states appear to be providing any guidance regarding the necessary training and qualifications that armed guards must possess or how and when they may lawfully use and transport weapons. This article argues that states need to do more. At the very least, it urges states to agree on vetting and monitoring procedures to make certain that any guards who are hired by shippers are well trained and prepared to safely transport, store, and use weapons. States are responsible for the fight against piracy, and if they want to include private contractors in that fight, then they should act responsibly and regulate and monitor the guards' conduct. Otherwise, in a world where each state is creating its own rules or even no rules at all, the likely outcome is chaotic and violent seas — and perhaps the next "Blackwater" moment.foreve

Lighting A Fire: The Power of Intrinsic Motivation in Online Teaching

Motivation is important to success in many endeavors, and the field of education is no exception. The literature establishes that students who are motivated to learn enjoy more success in their courses and master course content and skills better than students who lack such motivation. But what causes one student to be more motivated than another? This Article addresses this question in the context of law students, focusing in particular on how teachers can increase student “intrinsic” motivation through interesting and engaging course content, as well as regular and consistent formative assessments and feedback. It surveys the literature on motivating students to learn, contributing original empirical data from student surveys and focus groups. Analysis of that data supports the literature on intrinsic motivation, showing that interesting and engaging course content and regular assessments and feedback motivate students to learn and master course content and skills. Indeed, our data collected from over 300 law students shows that students want professors to provide them with intrinsic motivators in their courses. Specifically, student comments evidence that students crave interesting and engaging course content, as well as opportunities for assessment and feedback. We share those comments and suggest techniques to help law professors design online courses that will motivate students and ensure they are engaged and learning course content