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No Law: Deadwood And The State, Mark L. Berrettini

Great Plains Quarterly

Deadwood's final episode of season 3 opens with a monologue from theater operator Jack Langrishe (Brian Cox), a relative newcomer to the camp of Deadwood. Shown in a wide shot that spotlights him on the dark stage of his nascent theater, Langrishe ostensibly speaks to one of his companions, the actress Claudia (Cynthia Ettinger), shown in one medium reverse-shot. Yet Langrishe also speaks and performs beyond the theater to the residents of Deadwood and to the program's viewers extradiagetically as he sums up the tense state of affairs within the camp:

This camp is in mortal danger. The man …

Justifying An Analysis Of The Ecclesiological Development Of Subsidiarity Via Civil And Common Law Jurisprudential Epistemology, William Pieratt Demond

Seton Hall University Dissertations and Theses (ETDs)

This article seeks to justify an examination of subsidiarity's development within Catholicism. Due to the fact that the European Union ["EU"] codified subsidiarity via the Treaty of Maastricht, subsidiarity is now a part of EU law. Although seemingly intended to resolve questions concerning the proper allocation of powers, its codification has generated substantial debate concerning the proper meaning(s) (if any) and/or application(s) of subsidiarity within the EU. Due to the facts that 1) the EU's legal traditions are heavily influenced by both the civil and common law traditions, 2) both of these traditions advocate the use of established jurisprudential methodologies …

Lawyering In The 21st Century: A Capstone Course On The Law And Ethics Of Lawyering, Judith L. Maute

Saint Louis University Law Journal

No abstract provided.

Studying The Death Penalty In Tennessee, Dwight Aarons

Scholarly Works

No abstract provided.

School Of Law Commencement: May 12, 2007, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 12, 2007.

Toward A Legal Genealogy Of Color Blindness, Julie Novkov

Julie Novkov

Conservative colorblindness is often understood by legal scholars as a backlash phenomenon that emerged in the post-civil rights era in response to gains by African Americans in the legal and social spheres. Following Reva Siegel's work, this paper pushes the time frame back substantially and traces the origins of conservative colorblindness in legal doctrine to the early 1960s. It describes a discursive struggle that began in the courts and spilled out into the cultural arena, ultimately resulting in the full appropriation of colorblindness by the right.

Senior Capstone Project : Resources For Juvenile Sex Offenders In Monterey County : Monterey County Probation Department -- Juvenile Division, Ignacio Pacheco

Capstone Projects and Master's Theses

An overview of juvenile sex offender characteristics, treatment resources in Monterey County, and recommendations for better service delivery to this population and the community. This report is of scholarly nature and was completed for the Monterey County Probation Department to address the problem that these perpetrators pose to the community.

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic

Antonin I. Pribetic

While the topic of international arbitration has failed to capture the interest of Hollywood producers or television audiences, the science fiction genre yields a serendipitous result. Using an excerpt from a Star Trek: The Next Generation episode, this brief comment analyzes the impact of law and popular culture on the issues of the rule of law, jurisdiction and international (more accurately, "intergalactic") comity within the context of bilateral and multilateral treaty obligations.

Perceptions Of The Training Needs Of Law Enforcement Officers, Nicholas Allen Walling

UNLV Retrospective Theses & Dissertations

The rules of law enforcement are constantly evolving and the criminal community persists in developing new and innovative ways to circumvent the efforts of the police. Revolutionary advances in police equipment design and a sociological awakening has created an intense scrutiny of the way police officers conduct their affairs. Law enforcement officers require continuing training to meet these social demands and to keep up with technological advances, the ever-changing laws, and critical developments in the criminal world; Because high profile civil rights cases have involved devastating monetary judgments against the agencies involved, police administrators across the country have established training …

Will To Power, Will To Reality, And Racial Profiling: How The White Male Dominant Power Structure Creates Itself As Law Abiding Citizen Through The Creation Of Black As Criminal, Steven R. Morrison

Northwestern Journal of Law & Social Policy

No abstract provided.

Law, Responsibility, And The Brain, Owen D. Jones, Hakwan C. Lau, Dean Mobbs, Christopher D. Frith

Vanderbilt Law School Faculty Publications

This article addresses new developments in neuroscience, and their implications for law. It explores, for example, the relationships between brain injury and violence, as well as the connections between mental disorders and criminal behaviors. It discusses a variety of issues surrounding brain fingerprinting, the use of brain scans for lie detection, and concerns about free will. It considers the possible uses for, and legal implications of, brain-imaging technology. And it also identifies six essential limits on the use of brain imaging in courtroom procedures.

Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act, Kim Mccoy

Animal Law Review

The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes …

Judging International Judgments, Mark L. Movsesian

Faculty Publications

What effect should rulings of international courts have in domestic courts? In the U.S., debate has centered on a series of rulings by the International Court of Justice (ICJ) on the application of the Vienna Convention on Consular Relations (VCCR). The VCCR, a multilateral treaty that the United States ratified in 1969, grants foreign nationals the right to seek the assistance of their consulates in the event that local authorities arrest them. An Optional Protocol to the VCCR gives the ICJ jurisdiction over disputes relating to the interpretation and application of the treaty. Since the late 1990s, the ICJ repeatedly …

Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska

Faculty of Law - Papers (Archive)

This article analyses the wide-ranging reform of Australian criminal law related to terrorism. It compares the definition of terrorism utilised in recent legislation to the emerging international standard and tests the new federal crimes against the criteria of legislative necessity and clarity. It concludes that the reforms were in fact necessary in the sense of filling prior gaps and inadequacies in the criminal law but that some of the new provisions lack clarity and will pose conundrums for law enforcement.

Improving The Judicial System To Handle Computer Crime, Gerald V. Post, Albert Kagan

Journal of International Technology and Information Management

This paper asked professionals in the legal system to evaluate the current state and effectiveness of laws to identify and deter computer crime. Responses were evaluated with a formal structural equation model. The results generally show that legal professionals believe potential jurors have minimal knowledge of computer crime issues. More importantly, they also believe that judges have little knowledge or experience. A similar lack of knowledge by defense attorneys indicates that it could be difficult for a person accused of computer related infractions to find adequate representation. On the other hand, more experienced participants do not believe computer laws present …

The Gift Of Milner Ball, Thomas L. Shaffer

Journal Articles

My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend—my colleague, too—and also my teacher (in two senses, including the I-once-paid-tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the source …

Law And Society Approaches To Cyberspace, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …

"He Said," "She Said," And Issues Of Life And Death: The Right To Confrontation At Capital Sentencing Proceedings, Penny White

Scholarly Works

No abstract provided.