Digital Commons Network^™

Prosecuting Martha: Federal Prosecutorial Power And The Need For A Law Of Counts, Michael L. Seigel, Christopher Slobogin

UF Law Faculty Publications

Martha Stewart's case illustrates a wide variety of prosecutorial decision-making. We have defended the U.S. Attorney's decision to investigate and prosecute Stewart, but called into question the further decision to charge her with five counts. As a way of curtailing the redundant charging phenomenon, which is widespread, we have suggested that the courts develop a law of counts to cabin prosecutorial charging discretion. Thus, our proposal to create a law of counts would not require prosecutors to act against their short- or long-term interests. Rather, it would be implemented by judges using the interpretive method, without going so far as …

United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack

William & Mary Bill of Rights Journal

The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.

Controlling Organized Crime And Corruption In The Public Sector , Edgardo Buscaglia

Edgardo Buscaglia

Organized crime and corruption are shaped by the lack of strength of the control mechanisms of the State and civil society. The results presented in the present article attest to the links between the growth of organized crime and that of corruption in the public sector in a large number of countries. The two types of complex crime reinforce each other. To identify and isolate the influential factors behind the growth of corruption in the public sector and organized crime, the present article presents and analyses qualitative and quantitative information on a large sample of countries and territories representing worldwide …

Alaska’S Dna Database: The Statute, Its Problems, And Proposed Solutions, Marika R. Athens, Alyssa A. Rower

Alaska Law Review

No abstract provided.

Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.

Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf

William & Mary Bill of Rights Journal

The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.

The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Drunk, Sleeping, And Incompetent Lawyers: Is It Possible To Keep Innocent People Off Death Row?, Ira Mickenberg

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Tribal Efforts To Comply With Vawa's Full Faith And Credit Requirements: A Response To Sandra Schmieder, Sarah Deer, Melissa L. Tatum

Tulsa Law Review

No abstract provided.

Dardinger V. Anthem Blue Cross & Blue Shield: Judicial Redistribution Of Punitive Damage Awards, C.J. Martin

San Diego Law Review

This Casenote examines the role of punitive damages in tort law and the actions of the Ohio Supreme Court in Dardinger v. Anthem Blue Cross & Blue Shield. The author begins by describing the anomalous nature of punitive damages, which are a form of punishment, being given to a plaintiff in a tort system that is compensatory in nature. The author then gives an overview of the punitive damages doctrine historically and as it exists today. Next, the author discusses the Dardinger case and analyzes the implications of the court's decision to remit a portion of the punitive damages on …

Safe At Home Base? A Look At The Military’S New Approach To Dealing With Domestic Violence On Military Installations, Jennifer Heintz

Saint Louis University Law Journal

No abstract provided.

The Purpose Of Lawyer Discipline, Fred C. Zacharias

William & Mary Law Review

No abstract provided.

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.

Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt

Michigan Law Review

It is often said that U.S. legal culture discourages apologies. Defendants, defense counsel, and insurers worry that statements of apology will be admissible at trial and will be interpreted by jurors and judges as admissions of responsibility. In recent years, however, several legal commentators have suggested that disputants in civil lawsuits should be encouraged to apologize to opposing parties. They claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that are intended to encourage and protect apologies by making them inadmissible. In addition, some commentators argue that defendants might …

"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal

William & Mary Law Review

No abstract provided.

The Death Penalty Experiment: The Facts Behind The Conclusions, Eugene Droder Iii

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Conscience Of A Catholic Judge, Michael R. Merz

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Retribution And The Death Penalty, Andrew Oldenquist

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Mental Status And Criminal Culpability After Atkins V. Virginia, Timothy S. Hall

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Keynote Address — Evolving Standards Of Decency In 2003: Is The Death Penalty On Life Support?, Erwin Chemerinsky

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Capital Punishment And The Citizens Of Ohio, John Murphy

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde

Alaska Law Review

No abstract provided.

Salvadorans, Guatemalans, Hondurans, And Colombians: A Scan Of Needs Of Recent Latin American Immigrants To The Boston Area, Miren Uriarte, Phillip Granberry, Megan Halloran, Susan Kelly, Rob Kramer, Sandra Winkler, Jennifer Murillo, Udaya Wagle, Randall Wilson

Gastón Institute Publications

The 2000 U.S. Census brought confirmation of the increase of the Latino population and of the growing diversity of Latino national groups that now make this region their home. Latinos now number 428,729, a 55% increase over their numbers in 1990. In 30 years, the Latino population has increased six-fold, and from its initial concentrations in Springfield, Holyoke, and Boston its presence is now a fact across the Commonwealth.

Massachusetts Latinos are also showing increasing diversity, matching that of the Northeast region and exceeding that of the nation. At the national level, Mexicans have a dominance that dwarfs all other …

Muting Gideon's Trumpet: Pricing The “Right To Counsel” In Minnesota Courts, Peter Erlinder

C. Peter Erlinder

No abstract provided.

Examining The Post September 11, 2001 Practices Of Accredited And Non-Accredited Law Enforcement Agencies In The Aspects Of Training, Legal And Service Delivery, Eugene G. Savage

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Homeland security measures and the preparation of local law enforcement are reviewed, in light of September 11, 2001, to determine their effect on the Constitutional rights of citizens, the delivery of law enforcement services, e.g., call response and the training methodologies, and the fiscal impact to fulfill the new policing mandates. The study reviews aggressive measures, normally vested with federal law enforcement agencies, to determine if local police are also utilizing similar methods for the sake of national security and if such measures are undermining ethical and legal practices previously exercised by local police. This research also examines the distinction …

Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman

ExpressO

This piece is based on field research the author conducted in Benin, West Africa during January 2003. The paper explores how the Court operates as a hybrid institution, by combining the competences traditionally associated with a constitutional court with the mandate of a national human rights commission. The paper argues that the Beninese Constitutional Court could provide an institutional model for guaranteeing human rights through a state-sponsored institution.

Vol. 54, No. 6, November 11, 2003, University Of Michigan Law School

Res Gestae

•Flyin' High with J.J. White •Summer Jobs Involving "Something (il)Legal" •Are Animals People Too? SALDF Hosts Talk on Integration of Animals into the Legal System •Students Discuss Summer Jobs in Criminal Law •Analysis: FEC Commissioner Skeptical of Finance Reform •Can We Trust Cops? Visiting Professor Warns to Think Twice •What to Do When the First Wave of Recruiters Passes You By •NLRB Chairman Returns to Law School, Talks Shop •A Big Carrot for 3Ls to Give Back •Immigration Law After 9/11: A Discussion with Prof. Bo Cooper •Date Auction Photos •Students and Professors Mingle Over Wine and Cheese •Unprecedented Pressure …

Debating The End Of The World And Other Pointless Endeavors: Thomas V. State And The Civil Commitment Of Sex Offenders In Missouri After Kansas V. Crane, Nathaniel E. Plucker

Saint Louis University Law Journal

No abstract provided.

Salt Equalizer, Vol. 2003, Issue 4, Society Of American Law Teachers

SALT Equalizer

Margalynne Armstrong, The SALT Annual Awards Dinner to Honor Quigley, Lewis, at 1.

Michael Rooke-Ley, SALT, FAIR Sue Department of Defense over Solomon Amendment, at 1.

Raleigh Hanna Levine, Introducing SALT’s New Co-Presidents, at 2.

Paula C. Johnson & Michael Rooke-Ley, Co-Presidents’ Column, at 3.

Eileen Kaufman, SALT Bar Exam Workshop, at 4.

Sally Simpson, The Community Legal Access BarAlt Program, at 4.

Andrea Curcio & Clark D. Cunningham, Georgia’s Public Service Bar Exam Alternative, at 5.

Marjorie M. Shultz & Sheldon Zedeck, Identification and Development of Predictors for Successful Lawyering, at …