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Articles 9961 - 9990 of 14946
Full-Text Articles in Law
Imagining Children's Rights, Suellyn Scarnecchia
Imagining Children's Rights, Suellyn Scarnecchia
Articles
Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
Articles
On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Articles
I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.
Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le
Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le
Journal Articles
In 1986 Congress amended the Fair Debt Collection Practices Act to include attorneys under the definition of debt collector. Now the Supreme Court is asked to determine if the law applies to attorneys suing debtors on behalf of clients, not just when they conduct debt-collection activities.
If the Supreme Court affirms the decision of the Seventh Circuit, thus finding for Jenkins, attorneys who litigate cases involving collection of debts may find themselves subject to liability for communications with the consumer or the consumer's attorney regarding the litigation. Furthermore, these attorneys would face personal liability for any violations of the Act …
The Fault Is In Ourselves, Roger J. Miner '56
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Articles
The jury's competence, unlike that of the judge, rests partly on its ability to reflect the perspectives, experiences, and values of the ordinary people in the community - not just the most common or typical community perspective, but the whole range of viewpoints.
Considering Copyright Crimes, Roger J. Miner '56
Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley
Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley
All Faculty Scholarship
This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:
Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)
Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
Publications
No abstract provided.
The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez
The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
A distinction has become entrenched in United States law between treaties that are "self-executing" and those that are not. The precise nature of this distinction--indeed, its very existence--is a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the "most confounding" in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson's observation that " [t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion" surrounding it. The …
Cameras Go To Court: A Study Of Television Cameras In State And Federal Courtrooms, Tonya Rochelle Beavert
Cameras Go To Court: A Study Of Television Cameras In State And Federal Courtrooms, Tonya Rochelle Beavert
Honors Theses
For several years there has been an ongoing dispute between members of the media and members of the legal community about television coverage of judicial proceedings. Members of the media tend to argue that they have a First Amendment right and responsibility to cover court proceedings as a representative of the people. Court officials tend to answer the media's assertion with the Sixth Amendment, which guarantees a defendant the right to a public trial by an impartial jury.
The problem that resulted from the dispute was whether the presence of cameras in the courtroom imposed on defendants' rights or whether …
Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar
Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar
Book Chapters
SOME 30 YEARS AGO an eminent constitutional law scholar, Charles L. Black, Jr, spoke of 'toiling uphill against that heaviest of all argumental weights- the weight of a slogan.' I am reminded of that observation when I confront the slogan the 'right to die.' Few rallying cries or slogans are more appealing and seductive than the 'right to die.' But few are more fuzzy, more misleading, or more misunderstood.
Investiture Of The Honorable Paul Czajka, Roger J. Miner '56
Investiture Of The Honorable Paul Czajka, Roger J. Miner '56
Induction Ceremonies and Investitures
No abstract provided.
Political Correctness In Jury Selection, George P. Fletcher
Political Correctness In Jury Selection, George P. Fletcher
Faculty Scholarship
The values of equality and freedom are in constant tension, or so some think. The more society stresses equality, the less freedom people have. For example, Bruce Ackerman would abolish inheritance in his utopian society to insure that every generation begins on an equal footing. Many commentators have advocated restrictions on pornography and hate speech in order to protect the likely targets of these traditionally protected uses of free speech. Additionally, Catharine MacKinnon has invoked the principle of equality in the form of protecting disempowered minorities to argue for a restriction on liberty and freedom. Conversely, the more economic freedom …
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Arbitrariedad, Horacio M. Lynch
Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer
Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer
Popular Media
No abstract provided.
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
University of Michigan Journal of Law Reform
In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …
Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney
Congressional Commentary On Judicial Interpretations Of Statutes: Idle Chatter Or Telling Response?, James J. Brudney
Michigan Law Review
There are two principal aspects of my thesis. First, it is desirable to consider seriously these legislative signals of approval and disapproval, because a blanket rejection, or even systematic hostility, imposes significant opportunity costs on Congress. If the judiciary refuses to consider these signals, Congress will have to expend extra resources to achieve the same ends. That expense will diminish the institution's ability to enact other laws and in some cases will alter the character of the other laws that it is able to enact. The consequent diminution or depletion of Congress's legislative authority is unhealthy from a democratic perspective …
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar
Vanderbilt Law Review
In 1987, I published an overly long article in the Yale Law Journal entitled Of Sovereignty and Federalism. In it, I advanced a "converse-1983" model of federalism-a model that highlighted the ways in which state laws can provide remedies when federal officials violate federal constitutional rights. For example, prior to the 1971 landmark of Bivens v. Six Unknown Federal Agents, citizens whose Fourth Amendment rights had been violated by federal officers had no clear federal cause of action; but state trespass law often provided a remedy, and enabled citizens to recover when their "persons, houses, papers, [or] effects" had been …
A Study Of The Rhode Island Court System
A Study Of The Rhode Island Court System
Library Archive
This report contains general observations and eighty-one specific recommendations for strengthening the administration of the judicial system. It covers issues of governance, budgeting, personnel, purchasing, financial practices and staff support. Also included is an analysis of the fiscal year 1994 budget, as enacted, for the judiciary.
The Straits Of Stare Decisis And The Utah Court Of Appeals: Navigating The Scylla Of Under-Application And The Charybdis Of Over-Application, Paul W. Werner
The Straits Of Stare Decisis And The Utah Court Of Appeals: Navigating The Scylla Of Under-Application And The Charybdis Of Over-Application, Paul W. Werner
BYU Law Review
No abstract provided.
Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch
Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
When former Arkansas state employee Paula Jones filed her complaint against Bill Clinton she joined a small group of women who have publicly accused men in high-profile positions of sexual harassment.
A classic "he said, she said" story? We may never know, if the president is able to argue successfully that his office shields him from liability for actions occurring prior to assuming it. On June 27, his lawyer, Robert Bennett, asked a federal court to delay action, and said he would be filing a separate motion in August on the issue.
The defense is based on the 1982 case …