Digital Commons Network^™

Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz

University of the District of Columbia Law Review

No abstract provided.

Does Congress Have The Power To Limit The President's Conduct Of Detentions, Interrogations And Surveillance In The Context Of War?, Shayana Kadidal

City University of New York Law Review

No abstract provided.

It Takes A Village To Save A Life: A Statewide Model For Indigent Capital Defense, Alexa Woodward

City University of New York Law Review

No abstract provided.

Conflicts In Cross-Border Enforcement Of Tax Claims, Andrew Grossman

Andrew Grossman

Some recent academic studies have argued, with few provisos, for abandonment of the rule traditional in both common- and civil-law jurisdictions barring the enforcement of foreign tax claims and judgments in the absence of a specific treaty engagement to the contrary. To equate public-law debts with private debts, and to make judgments for such debts enforceable across borders in the manner of the Uniform Foreign Money-Judgments Recognition Act, without addressing the special nature of tax claims and the way in which they may arise in bankruptcy, involuntary liquidation of assets, and arise in tandem and across borders, is bound to …

Rule 3.8: The Not So Special Responsibilities Of Prosecutors, Ahmed M.T. Riaz

Ahmed M.T. Riaz

Prosecutors are obligated to fulfill responsibilities that stretch beyond the usual scope of duties retained by non-prosecuting attorneys. A broad generalization as to why such differences exist may be reasoned from the fact that a prosecutor is a government official, a position which necessarily carries a duty to “seek justice.” However, the differences may more specifically be categorized in four ways. First, because prosecutors are government officials, they are provided great access to government resources; second, prosecutors are subject to different legal obligations than any other type of attorney, such as being burdened by a reasonable doubt standard; third, the …

The Emotional Juror, Todd E. Pettys

Todd E. Pettys

Addressing the dichotomy often drawn between emotions and rationality, I argue that, while emotions sometimes exert undesirable influences in the courtroom, there are a variety of ways in which emotions aid rational decision-making by jurors.

Systematic Content Analysis Of Judicial Opinions, Ronald F. Wright, Mark A. Hall

Ronald F. Wright

Our article traces the use of “content analysis” — a standard research technique in political science, communications, and other fields — to study judicial opinions. As it turns out, this is a high-growth area that nobody has noticed. We collect over 130 examples of such research projects that other scholars performed between 1956 and 2006, and draw lessons from the ways that scholars have used this technique, for good and for bad. We document the growth of this research technique, and offer guidance to future scholars on how best to adapt the standard requirements of the technique to the specialized …

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

No abstract provided.

Search Warrants - What Makes Up Curtilage?, Cal Leipold

Law Library Student-Authored Works

No abstract provided.

Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson

Cornell Law Faculty Publications

This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area; and …

Open Markets, Competitive Democracy, And Transparent And Reliable Legal Systems: The Three Legs Of Development, James R. Jones

Chicago-Kent Law Review

In the 1990s, reform swept through Latin America. Open markets replaced closed economies. Real democracy replaced one-party rule and rigged elections. For about half of the region's population, economic and political conditions improved—yet the gap between the rich and poor widened. The poor half received little or no tangible benefits from these economic and democratic reforms. This article argues that the most difficult and probably most important reform remains to be accomplished: the reform of the legal and regulatory systems throughout Latin America. Until that happens, dreams of first-world recognition and respectability will elude Latin nations.

Homerus Lex: Investigating American Legal Culture Through The Lens Of The Simpsons, Kimberlianne Podlas

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Mystery Of Mitigation: What Jurors Need To Make A Reasoned Moral Responses In Capital Sentencing, Russell Stetler

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

What Is The Point Of International Criminal Justice?, Mirjan Damaška

Chicago-Kent Law Review

The first part of the article discusses the goals international criminal courts have set for themselves. The author believes that these goals are too numerous, that they are often in conflict, and that the courts are not well suited for the achievement of some of them. This situation generates disparity between the courts' aspiration and achievement, a degree of disorientation, and difficulty in assessing the courts' performance. Disillusionment stemming from unfulfilled expectations, and inconsistencies springing from disorientation, are harmful to any system of justice, and especially to international criminal courts whose legitimacy is still fragile.

In the second part of …

Ex-Post-Booker: Retroactive Application Of Federal Sentencing Guidelines, Christine M. Zievel

Chicago-Kent Law Review

In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempted to cure Sixth Amendment issues by excising the mandatory provisions of the U.S. Sentencing Guidelines and changing the binding role of the Guidelines to advisory. For close to twenty years, federal circuit courts had used the Ex Post Facto Clause to prohibit sentencing judges from retroactively applying revisions of the federal Guidelines. However, after Booker's advisory mandate and the Guidelines' supposed loss of force in sentencing decisions, some circuits have now found that the same retroactive application no longer violates the …

Bylines Behind Bars: Fame, Frustration And First Amendment Freedom, Clay Calvert

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Deadly Consequences Of Unreliable Evidence: Why Child Capital Rape Statutes Threaten To Condemn The Innocent Defendant To Death, Andrew M. Luther

Tulsa Law Review

No abstract provided.

Healing The Trauma Of America's Past: Restorative Justice, Honest Patriotism, And The Legacy Of Ethnic Cleansing, Howard J. Vogel

Buffalo Law Review

No abstract provided.

When Batson Met Grutter Exploring The Ramifications Of The Supreme Court's Diversity Pronouncements Within The Computerized Jury Selection Paradigm, Robert A. Caplen

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Circumventing Daubert In The Gene Pool, Erica Beecher-Monas

Tulsa Law Review

No abstract provided.

Meeting The Challenges Of The Daubert Trilogy: Refining And Redefining The Reliability Of Forensic Evidence, Mara L. Merlino, Victoria Springer, Jan Seaman Kelly, Derek Hammond

Tulsa Law Review

No abstract provided.

Until We Fix The Labs And Fund Criminal Defendants: Fighting Bad Science With Storytelling , Brian J. Foley

Tulsa Law Review

No abstract provided.

Increasing Forensic Evidence's Reliability And Minimizing Wrongful Convictions: Applying Daubert Isn't The Only Problem, Craig M. Cooley, Gabriel S. Oberfield

Tulsa Law Review

No abstract provided.

Protecting Factfinders From Being Overly Misled, While Still Admitting To Weakly Supported Forensic Science Into Evidence, Michael J. Saks

Tulsa Law Review

No abstract provided.

(Why) Are Civil And Criminal Expert Evidence Difference, Deirdre Dwyer

Tulsa Law Review

No abstract provided.

Wrongful Convictions And Forensic Science: The Need To Regulate Crime Labs, Paul C. Giannelli

North Carolina Law Review

No abstract provided.

Defining And Determining Retardation In Texas Capital Murder Defendants: A Proposal To The Texas Legislature., Graham Baker

The Scholar: St. Mary's Law Review on Race and Social Justice

Although the Supreme Court of the United States ruled it is cruel and unusual to execute someone with a mental handicap, Texas statutes still do not adequately protect these individuals. Previously, the Court in Penry v. Lynaugh upheld states executing individuals with mental deficiencies. However, individual states began to outlaw such a practice. When the Court heard Atkins v. Virginia, they determined the states created a national consensus against executing persons who possess certain developmental disabilities, thus rendering it cruel and unusual. Atkins did not, however, define mental retardation and left it up to individual states to determine that criteria. …

Congress Has The Power To Enforce The Bill Of Rigths Against The Federal Government; Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn

William & Mary Bill of Rights Journal

The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government. Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …