Digital Commons Network^™

Law As Symbol: Appearances In The Regulation Of Investment Advisers And Attorneys, Larry D. Barnett

Larry D Barnett

From a macrosociological perspective, law is an institution of society, is shaped by conditions in society, and facilitates social life by inter alia producing symbols. Law accordingly adopts concepts and principles that focus on the appearance to society of certain phenomena and that are symbols when the phenomena are socially significant. To illustrate symbols in law, the article examines (i) the "hold oneself out" standard in defining an investment adviser under the federal Investment Advisers Act and (ii) the standard for ethical conduct that requires attorneys to avoid appearances of impropriety. If symbolic concepts and principles are tied to the …

Constitutional Dignity: Lessons From Home And Abroad, Erin Daly

Erin Daly

The American Supreme Court has long recognized the dignity of states, especially in the recent spate of tenth and eleventh amendment cases. Yet, it has never fully embraced the concept of human dignity as part of its individual rights jurisprudence (though individual justices have done so). By contrast, courts around the world have increasingly recognized human dignity as an important, if not predominant, constitutional right. This article argues that both the American Supreme Court state sovereignty cases and the foreign human dignity cases evince an understanding of human dignity that is rooted in the idea of autonomy and self-determination. Defined …

Plea Bargaining's Survival: Financial Crimes Plea Bargaining, A Continued Triumph In A Post-Enron World, Lucian E. Dervan

Lucian E Dervan

This article examines the war on financial crimes that began after the collapse of Enron in 2001. Although many believed that the reforms implemented following this scandal led to greater prosecutorial focus on financial crimes and longer prison sentences, an analysis of data from 1995 through 2006 reveals that little has actually changed. The statistics demonstrate that the government's focus on financial crimes has not increased and prison sentences for fraud have remained stagnant. How could this be the case? It is this author's hypothesis that although prosecutors could have chosen to use new statutes and amendments to the United …

Dred Scott And The Political Question Doctrine, Wesley M. Oliver

Wesley M Oliver

No abstract provided.

The Immigrant Rights Marches Of 2006 And The Prospects For A New Civil Rights Movement, Bill Ong Hing, Kevin R. Johnson

Bill Ong Hing

In the spring of 2006, hundreds of thousands of U.S. citizens and immigrants peacefully marched in the streets of cities across the country. Such mass demonstrations advocating for the rights of immigrants are unprecedented in American history. Energy, enthusiasm, and a deep sense of urgency filled the air. The immigrant rights movement initially spread like wildfire. A second wave followed the initial protests. By the summer of 2006, however, there were signs that the immigrant rights movement had lost steam. A series of marches on and around Labor Day attracted far fewer people than those just a few months before. …

Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver

Wesley M Oliver

The New York legislature in the early-nineteenth century began to require interrogators to warn suspects of their right to silence and counsel. The Warren Court, in Miranda v. Arizona, did not invent the language of the warnings; rather, it resurrected the warnings that were no longer given in New York after the latter half of the nineteenth century. The confessions rule, a judicially created rule of evidence much like the modern voluntariness rule, excluded many statements if any threat or inducement was made to the suspect. Courts in the early-nineteenth century, however, were willing to accept confessions notwithstanding an improper …

Those Who Left, Those Who Stayed: The Educational Opportunities Of High-Achieving Black And Latina/O Students In Magnet And Non-Magnet Los Angeles High Schools, Kimberly A. Griffin, Erin Kimura-Walsh, Erica Yamamura, Walter R. Allen

Kimberly A. Griffin

No abstract provided.

A Shadow Report On Human Trafficking In Lao Pdr: The U.S. Approach V. International Law, Anne T. Gallagher

Anne T Gallagher

Since 2001, the United States Government has issued annual reports on the situation of human trafficking in every country other than its own identified by the State Department as having a significant trafficking problem. The focus of this article is on the standards that are used to assess the response of States to trafficking. The article examines the way in which the US judges the performance of countries while noting that international law already provides detailed and substantive guidance on the obligations of States in this area. The author demonstrates, using Lao PDR as an example, that application of these …

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

Judith L. Maute

No abstract provided.

The Terrorist Surveillance Program And The Constitution, John C. Yoo

John C Yoo

In response to the September 11 attacks, President Bush created the Terrorist Surveillance Program, which authorized the National Security Agency to intercept phone calls and emails traveling into and out of the United States. One of the parties to the communication had to be someone suspected of being a member of al Qaeda. This surveillance took place outside the framework of the Foreign Intelligence Surveillance Act, which since 1978 has regulated the interception of communications entering or leaving the United States. This Essay argues that the TSP represents a valid exercise of the President's Commander-in-Chief authority to gather intelligence during …

Disentangling The Psychology And Law Of Instrumental And Reactive Subtypes Of Aggression, Reid G. Fontaine

Reid G. Fontaine

Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental–reactive aggression dichotomy. Recently, B. J. Bushman and C. A. Anderson (2001) argued that the instrumental–reactive aggression distinction has outlived its usefulness in psychology and pointed to inconsistencies and …

Why A Conviction Should Not Be Based On A Single Piece Of Evidence: A Proposal For Reform, Boaz Sangero, Mordechai Halpert

Prof. Boaz Sangero

This article illustrates a serious flaw in the conventional legal approach enabling a conviction based solely on one piece of evidence. This flaw derives from a cognitive illusion referred to as “the fallacy of the transposed conditional.” People might assume a low error rate in evidence only leads to a small percentage of wrongful convictions. We show that, counterintuitively, even a very low error rate might lead to a wrongful conviction in most cases where the conviction is based on a single piece of evidence. Case law has indicated some awareness of this fallacy, primarily when considering the random match …

Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero

Prof. Boaz Sangero

It is seemingly possible to think that the new Israeli Combating Criminal Organizations Law, 2003 is a desirable statute. After all – how many struggles are more justified than the fight against organized crime? This Article will demonstrate that, in view of the extensive and comprehensive legislation already existing in Israel prior to the enactment of the new law, there was no need at all for an additional statute. Furthermore, it will show that the excessively broad definition given to the term “criminal organization” is liable to dominate Israeli criminal law and make the already draconian penal code – which …

Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves

Roger M. Groves

Almost $6 billion in taxes paid by the American people have been rather ubiquitously placed in the hands of a federal subsidy program for investors in low income communities. The subsidy is in the form of a tax credit. The program is entitled the New Markets Tax Credit (“NMTC”) initiative. Under the program, the tax credit is used to lure investors to provide equity capital into low income areas, urban and/or rural (i.e. a new market for equity funding). According to my companion law review article (Florida Tax Review, Spring, 2007; The Florida Tax Review was ranked 1st among tax …

Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power

Robert C Power

A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne

Daniel T. Coyne

No abstract provided.

Post-Deportation Human Rights Law: Aspiration, Oxymoron Or Necessity?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Terrorist Surveillance Program And The Constitution, John C. Yoo

John C Yoo

In response to the September 11 attacks, President Bush created the Terrorist Surveillance Program, which authorized the National Security Agency to intercept phone calls and emails traveling into and out of the United States. One of the parties to the communication had to be someone suspected of being a member of al Qaeda. This surveillance took place outside the framework of the Foreign Intelligence Surveillance Act, which since 1978 has regulated the interception of communications entering or leaving the United States. This Essay argues that the TSP represents a valid exercise of the President's Commander-in-Chief authority to gather intelligence during …

Mediating Rules In Criminal Law, Alex Stein, Richard A. Bierschbach

Alex Stein

This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law’s deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself. The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law’s dominant animating theories—deterrence and …

A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne

Daniel T. Coyne

No abstract provided.

2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

Silenced Voices And Structured Survival: Battered Women's Help-Seeking, Angela M. Moe

Angela M. Moe

Despite social and governmental responses to battering, many women continue to feel entrapped in abusive relationships. Using standpoint epistemology, this article examines the various aspects of help seeking, and the social and institutional responses to such efforts, through the narratives of 19 women in a domestic violence shelter. The findings are discussed with reference to Ptacek's social entrapment perspective and Gondolf and Fisher's survivor hypothesis, illustrating the socioeconomic and political context of the control tactics utilized by abusers and the structural impediments to battered women's successful help seeking.

Supermax Prisons, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

Deconstructing The Terrorism- News Media Relationship, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

Swimming Upstream: Teaching State Crime To Students At American Universities, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

A 'How To' Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry

Laurel S. Terry

"Community Accountability For The Effect Of Child Abuse On Juvenile Delinquency In The Brave New World Of Behavioral Genetics, Jane Rutherford

Jane Rutherford

No abstract provided.

Essay: The Transition From The Inquisitorial To The Accusatorial System Of Trial Procedure: Why Some Latin American Lawyers Hesitate, Leonard Cavise

Leonard Cavise

Economics Of Plea Bargaining, Richard Adelstein

Richard Adelstein

A short summary of earlier work for a sociological audience.

Drug Holdover Proceedings: An Overview From "Knew," To "Should Have Known," To "Strict Liability", Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.