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Articles 1 - 30 of 49
Full-Text Articles in Entire DC Network
Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion
Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion
Duke Law Journal
This Note argues that a variety of "private police" forces, such as university patrols and residential security guards, should. be held to the constitutional limitations found in the Bill of Rights. These private police act as arms of the state by supplying force in response to a public demand for order and security. The state, as sovereign, retains responsibility to allocate force, in the form of either public or private police, in response to public demand. This state responsibility-a facet of its police power-is evidenced throughout English and American history. When this force responds to a public demand for order …
Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston
Sentenced By Tradition: The Third-Party Custodian Condition Of Pretrial Release In Alaska, Elizabeth Johnston
Alaska Law Review
No abstract provided.
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Duke Journal of Constitutional Law & Public Policy Sidebar
This term, the Supreme Court is scheduled to hear ten cases on the role of attorneys and the practice of law. In doing so, the Court is departing from its normal practice of hearing two, or at most three, cases on professional responsibility. Prof. Renee Knake of Michigan State University College of Law reviews the professional responsibility cases on the Court's docket and examines how they could influence the practice of law.
Theorizing Class, Gender, And The Law: Three Approaches, Angela P. Harris
Theorizing Class, Gender, And The Law: Three Approaches, Angela P. Harris
Law and Contemporary Problems
No abstract provided.
The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson
The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson
Law and Contemporary Problems
No abstract provided.
Conceptualizing Aggression, Noah Weisbord
Conceptualizing Aggression, Noah Weisbord
Duke Journal of Comparative & International Law
No abstract provided.
Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith
Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith
Law and Contemporary Problems
No abstract provided.
Legislating For The Provision Of Comprehensive Substance Abuse Treatment Programs For Pregnant And Mothering Women, Janet W. Steverson, Traci Rieckman Phd
Legislating For The Provision Of Comprehensive Substance Abuse Treatment Programs For Pregnant And Mothering Women, Janet W. Steverson, Traci Rieckman Phd
Duke Journal of Gender Law & Policy
Additionally, in writing this article it became clear that, although the data collection in this area has improved over the past twenty years, more specific data is needed in order to have a clearer picture of the exact nature of the unmet need so that the states can better address it. [...] although the authors were able to obtain enough information to provide some suggestions to the states for providing treatment programs for pregnant and mothering women, work in the area is severely limited by the lack of accessible data.
“The Judge Said, ‘Son, What Is Your Alibi …?” A Survey Of Alaska Criminal Discovery Principles, James Fayette
“The Judge Said, ‘Son, What Is Your Alibi …?” A Survey Of Alaska Criminal Discovery Principles, James Fayette
Alaska Law Review
No abstract provided.
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel Richman
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel Richman
Duke Law Journal
This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administration might lead policymakers and observers to overlook the hard questions that remain about how the federal criminal bureaucracy should be structured and guided during a period of rapidly shifting priorities …
United States V. Chambers: Noncustodial Escapes Do Not Always Constitute A Violent Crime For Purposes Of The Armed Career Criminal Act, Jin Woo Oh
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher
Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher
Law and Contemporary Problems
Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of …
Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley
Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley
Law and Contemporary Problems
Haley comments on the argument underlying the article by Erin Ann O'Hara and Maria Mayo Robbins, which emphasizes on victim-offender mediation (VOM). By expanding the frame of reference, restorative justice can be defined as a paradigm whose scope encompasses more than VOM and whose emphasis includes the needs of society and offenders as well as victims. Restorative justice involves a wide variety of processes and programs that are more apt to restore both those who commit and those who suffer wrongs. It includes children at risk programs, drug courts, violence-treatment programs, as well as VOM programs. It also includes efforts …
A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes
A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes
Law and Contemporary Problems
Downes comments on Erin Ann O'Hara and Maria Mayo Robbins' article that accurately describes the nuanced and complex nature of apology and forgiveness. These are not actions that can be programmed--they happen at their own pace and in paths that are winding and unchartable. One of the reasons that victim-offender mediation is unpopular with some is that it can be emotionally messy and slow. Thus, one of the most helpful insights in his work has been that forgiveness is developmental, meaning that it often happens in normal and predictable stages. Forgiveness can be divided into manageable pieces. Indeed, their article …
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Law and Contemporary Problems
In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …
The Bush Administration And Civil Rights: Lessons Learned, Goodwin Liu
The Bush Administration And Civil Rights: Lessons Learned, Goodwin Liu
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White
Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White
Law and Contemporary Problems
White discusses the socio-psychological research that suggests humans invest significant emotional stake in "face"--or their "claimed identity as a competent, intelligent, or moral persons"--and apologize only when they can do so without significant "face threat." Criminal offenders, many of whom are likely to be low on self-determination, may resist apology to victims out of psychological fragility and the psychological need to preserve face rather than lack of remorse. Thus, the criminal-justice system should be cautious about punishing offenders more harshly because they fail to show external remorse--or even when they are openly defiant. This caution should be exercised whether the …
Probing The Effects Of Judicial Specialization, Lawrence Baum
Probing The Effects Of Judicial Specialization, Lawrence Baum
Duke Law Journal
No abstract provided.
Never Being Able To Say You’Re Sorry: Barriers To Apology By Leaders In Group Conflicts, Roger Conner, Patricia Jordan
Never Being Able To Say You’Re Sorry: Barriers To Apology By Leaders In Group Conflicts, Roger Conner, Patricia Jordan
Law and Contemporary Problems
Conner and Jordan discuss three implications of the foregoing analysis for leaders, peacemakers, and scholars interested in apology as an instrument to advance justice, prevent destructive conflict, and promote cooperation. First, an effective apology is likely to occur only after other changes have "softened up" negative attitudes between the groups--referred to here as "ripeness." Second, even with a degree of ripeness, apology is unlikely without a "window of opportunity," a confluence of circumstances that permits the leader to limit the scope of the apology so as not to concede too much. Third, even if these conditions are satisfied, words alone …
Introduction, Erin Ann O'Hara
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Law and Contemporary Problems
Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …
A Question Of Costs: Considering Pressure On White-Collar Criminal Defendants, Sarah Ribstein
A Question Of Costs: Considering Pressure On White-Collar Criminal Defendants, Sarah Ribstein
Duke Law Journal
Because of the expense of defending white-collar criminal cases, individual corporate defendants can rarely fund their own defenses and often rely on their employers to pay their legal costs. Employers, however, often feel pressure to refuse to pay their employees' attorneys' fees. When employers decline to pay their employees' defense costs, defendants can be, in effect, coerced into pleading guilty because they do not have the financial resources to defend themselves at trial. Commentators have discussed the problem of pressure on white-collar defendants but have not traced the cause of the pressure back to one of its most basic roots: …
Melendez-Diaz V. Massachusetts: Laboratory Testing And The Confrontation Clause, David Mansfield
Melendez-Diaz V. Massachusetts: Laboratory Testing And The Confrontation Clause, David Mansfield
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Arts Of Persuasion In Science And Law: Conflicting Norms In The Courtroom, Herbert M. Kritzer
The Arts Of Persuasion In Science And Law: Conflicting Norms In The Courtroom, Herbert M. Kritzer
Law and Contemporary Problems
Epistemology is important in the debate about science and technology in the courtroom. The epistemological issues and the arguments about them in the context of scientific and technical evidence are now well developed. Of equal importance, though, is an understanding of norms of persuasion and how those norms may differ across disciplines and groups. Norms of persuasion in the courtroom and in legal briefs differ from norms at a scientific conference and in scientific journals. Here, Kritzer examines the disconnect between science and the courtroom in terms of the differing norms of persuasion found within the scientific community and within …
Science, Law And The Expert Witness, Joseph Sanders
Science, Law And The Expert Witness, Joseph Sanders
Law and Contemporary Problems
Expert witnessing is a particularly useful place to observe the clash of legal and scientific conventions because it is here that one group of people (scientific experts) who are integrated into one set of conventions are challenged by the expectations of a different set of conventions. Here, Sanders looks at how legal conventions affect the behavior of expert witnesses when they appear in court in both criminal and civil cases. He also reviews differences in scientific and legal conventions as they apply to expert knowledge and discusses two central reasons for these differences: adversarialism and closure.
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Law and Contemporary Problems
No abstract provided.
Money, Politics, And Impartial Justice, Joanna M. Shepherd
Money, Politics, And Impartial Justice, Joanna M. Shepherd
Duke Law Journal
A centuries-old controversy asks whether judicial elections are inconsistent with impartial justice. The debate is especially important because more than 90 percent of the United States' judicial business is handled by state courts, and approximately nine in ten of all state court judges face the voters in some type of election. Using a stunning new data set of virtually all state supreme court decisions from 1995 to 1998, this paper provides empirical evidence that elected state supreme court judges routinely adjust their rulings to attract votes and campaign money. I find that judges who must be reelected by Republican voters, …
Reaching Out To The International Community: Civil Lawsuits As The Common Ground In The Battle Against Terrorism, Debra M. Strauss
Reaching Out To The International Community: Civil Lawsuits As The Common Ground In The Battle Against Terrorism, Debra M. Strauss
Duke Journal of Comparative & International Law
No abstract provided.
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Law and Contemporary Problems
Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented. Judges from a range of civil jurisdictions have conscientiously sought to reduce expert partisanship and the extent of expert disagreement in an attempt to enhance procedural efficiency and improve access to justice. One of these reforms, concurrent evidence, enables expert witnesses to participate in a joint session with considerable testimonial latitude. This represents a shift away from an adversarial approach and a conscientious attempt to foster scientific values and norms. Here, Edmond describes how changes to Australian civil procedure, motivated by judicial concerns about …