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Articles 61 - 90 of 313
Full-Text Articles in Law
Newsroom: Nason '05 Cited By U.S. Supreme Court, Roger Williams University School Of Law
Newsroom: Nason '05 Cited By U.S. Supreme Court, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
It Must Have Been Him: Coherence Effects Within The Legal System, Jonathan N. Carbone
It Must Have Been Him: Coherence Effects Within The Legal System, Jonathan N. Carbone
FIU Electronic Theses and Dissertations
The present series of studies examine how jurors and public defenders evaluate different pieces of evidence and integrate them into a coherent conclusion within the context of a criminal case. Previous research has shown that in situations where both sides of the case are compelling, decision-makers nevertheless come to highly confident and polarized decisions, called coherence shifts (Simon, 2004). The present research sought to expand on coherence effects, improve upon the methodology of previous studies, and explore potential moderators of coherence. In Study 1, mock jurors (n = 306) read about a criminal case and evaluated multiple pieces of …
Newsroom: Margulies On Terror Suspect Arrest, Roger Williams University School Of Law
Newsroom: Margulies On Terror Suspect Arrest, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Tasers Kill: Electroshock Injustice In Athens-Clarke County, Part 3, Donald E. Wilkes Jr.
Tasers Kill: Electroshock Injustice In Athens-Clarke County, Part 3, Donald E. Wilkes Jr.
Popular Media
The Athens-Clarke County Police Department’s campaign to popularize its decision to begin using taser electroshock weapons on the local citizenry must be recognized for what it is—a public-relations crusade based on clever misrepresentations and shifty evasions, as well as outright denials of fact. This articles reviews the the concerns about implementing tasers in Athens.
Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith
Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …
Dividing Crime, Multiplying Punishments, John F. Stinneford
Dividing Crime, Multiplying Punishments, John F. Stinneford
UF Law Faculty Publications
When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will.
This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and a …
What's It Worth To Keep A Secret?, Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat
What's It Worth To Keep A Secret?, Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat
Faculty Scholarship
This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is …
Summary Of Guitron (Miguel) V. State, 131 Nev. Adv. Op. 27 (May 21, 2015), Aleem Dhalla
Summary Of Guitron (Miguel) V. State, 131 Nev. Adv. Op. 27 (May 21, 2015), Aleem Dhalla
Nevada Supreme Court Summaries
The Court determined that (1) the State presented sufficient evidence for a jury to convict Guitron of incest and sexual assault, (2) the district court did err by not allowing Guitron to introduce evidence of the victims sexual knowledge, but this error was harmless, (3) the district court did err refusing to give the jury Guitron’s requested inverse elements instruction, but this error was also harmless, and (4) Guitron could not show that the district court erred by denying his Batson challenge.
Electroshock Injustice Coming To Athens-Clarke County Part 2: More On The "Benefits" Of Police Tasering, Donald E. Wilkes Jr.
Electroshock Injustice Coming To Athens-Clarke County Part 2: More On The "Benefits" Of Police Tasering, Donald E. Wilkes Jr.
Popular Media
This article reviews the Athens-Clarke County police department's arguments in implementing tasers and argues against using them in police enforcement.
Institutionalized Racism And The Death Penalty, Ashleigh Ellis
Institutionalized Racism And The Death Penalty, Ashleigh Ellis
Student Scholar Symposium Abstracts and Posters
Overtime, support for capital punishment has evolved. Compared to previous decades, support has changed amongst different variables such as: age, race, gender, and political perspective; therefore, today, these variables have changed the amount of support for it. For example, as of today, 6 states have repealed the death penalty with New Jersey being the first in 2007 to do so in 40 years. As memories of Jim Crow and the Civil Rights era have faded due to generational replacement, American society today still has this racial gap, however it is due to this racial resentment or symbolic resentment that the …
Protecting The Constitutional Right To Counsel For Indigents Charged With Misdemeanors - Testimony Of Erica J. Hashimoto Before The U.S. Senate, Erica J. Hashimoto
Protecting The Constitutional Right To Counsel For Indigents Charged With Misdemeanors - Testimony Of Erica J. Hashimoto Before The U.S. Senate, Erica J. Hashimoto
Presentations and Speeches
Testimony of Professor Erica J. Hashimoto before the United States Senate Committee on the Judiciary on May 13, 2015 about the denial of the right to counsel in criminal misdemeanor cases. Professor Hashimoto's testimony begins at the 56:10 mark.
Summary Of In Re: L.A.W, 131 Nev. Adv. Op. 24 (May 7, 2015), Jessica Gandy
Summary Of In Re: L.A.W, 131 Nev. Adv. Op. 24 (May 7, 2015), Jessica Gandy
Nevada Supreme Court Summaries
The Court determined, pursuant to the Fourth Amendment of the U.S. Constitution, as well as Article 1, § 18 of the Nevada Constitution, a public school cannot condition a student’s access to a free public education upon consent to random searches of his person and property. Evidence gathered from random administrative searches must be suppressed in criminal proceedings.
Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri
Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri
Law School Blogs
No abstract provided.
What Is Federal Habeas Worth?, Samuel R. Wiseman
What Is Federal Habeas Worth?, Samuel R. Wiseman
Scholarly Publications
Federal habeas review of state non-capital cases under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is widely regarded as deeply flawed for producing a huge volume of costly litigation and very little relief. Many scholars have called for AEDPA’s repeal and a return to more robust federal review, but recently, several prominent commentators have suggested more dramatic change— radically limiting federal habeas in exchange for more fruitful reform efforts. In an era of limited criminal justice budgets and an increasing focus on efficiency, these proposals are likely to proliferate. This Article lays out a needed empirical and …
A Legal And Policy Argument For Bail Denial And Preventative Treatment For Batterers In The United States, Dawn Beichner, Robbin Ogle, Anne Garner, Daniel Anderson
A Legal And Policy Argument For Bail Denial And Preventative Treatment For Batterers In The United States, Dawn Beichner, Robbin Ogle, Anne Garner, Daniel Anderson
Women's and Gender Studies Program: Faculty Publications
Historically, battering has been a culturally and legally acceptable form of social control within the United States. This article provides an examination of how this legacy of social acceptance has influenced the development of laws and social policies related to battering. We provide a critique of our current approach to battering and our historical reliance on private or social helping agencies intended to hide and protect victims. We call for a transformation of our current policies that provides for the removal of the batterer—not the victim and her children—from the family home through a process of bail denial and preventative …
Do Irish Courts And The European Court Of Human Rights Have Achieved The Correct Balance Between Protection Of The Rights Of Individual Prisoners And Pragmatic Concerns Regarding The Proper Functioning Of The Prison System., Adrian Berski
Reports
Nowadays it is very hard to find the relevant balance between decisions of the Irish Courts and European Court of Human Rights (ECtHR), regarding the rights of individual prisoners and the proper functioning of the prison system. On one side, the main function of the courts is resolution dispute, apply the relative law and most importantly: protecting the law and human rights. On the other hand, court decisions have to be based on the relevant prison and justice systems that applies to each particular country.
It is worth taking into consideration that decisions made by the European Court of Human …
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
Drug Traffickers' Deaths: Criticisms Of Laws Not All Fair, S. Chandra Mohan
Drug Traffickers' Deaths: Criticisms Of Laws Not All Fair, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
This is a comment on the western media frenzy over the executions of eight drug traffickers in Indonesia. The commentary looks at whether the anguish over the executions following a conviction and appeals to higher courts in accordance with Indonesian law, apart fromn the loss of life,was well placed.
Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr.
Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr.
Popular Media
On Sunday, Apr. 19, 2015, an article in the daily newspaper in Athens announced that Athens-Clarke County Police have already received a shipment of 145 tasers and will soon begin using them on the citizenry of this county.
Although taser electroshock devices are technically classified as nonlethal weapons, this means only that their purpose is to avoid fatalities, not that they are incapable of resulting in fatalities. Use of a nonlethal weapon may and sometimes does result in death or serious injury. In recent years, at least 600 Americans, perhaps as many as 1,000, have died suddenly, unexpectedly, or shortly …
“Yes Means Yes” Bill Fails To Adequately Address Link Between Alcohol And Sexual Assault, Danielle Cearley
“Yes Means Yes” Bill Fails To Adequately Address Link Between Alcohol And Sexual Assault, Danielle Cearley
GGU Law Review Blog
Much talk has surrounded California’s “Yes Means Yes” bill. SB 967 has been hailed a major shift in the way colleges will approach sexual assault by instituting an affirmative consent standard. Authored by Senator Kevin de Leon, SB 967 was signed by Governor Jerry Brown on September 28, 2014. While the “Yes Means Yes” bill did not go unchallenged by Republicans, it was unanimously put forward. Despite the unanimity, many have criticized the bill. Critiques have questioned a number of aspects of the bill, first and foremost it has been labeled as ambiguous, and many critics have alluded to possible …
Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law
Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: A Closer Look At Mass Incarceration, Roger Williams University School Of Law
Newsroom: A Closer Look At Mass Incarceration, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Waters '98 Testifies For Innocence Project, Roger Williams University School Of Law
Newsroom: Waters '98 Testifies For Innocence Project, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Police Racism, Sam Prey
Police Racism, Sam Prey
Nebraska College Preparatory Academy: Senior Capstone Projects
The Police Force is a respected service that keeps our streets safe but their power of enforcing the law could be and has been abused and has caused a lot of controversy between people of different ethnic backgrounds. This is important because rights have been violated and in this modern age these cases shouldn’t occur at all. There is a lot of informaLon about cases where people have been mistreated or abused excessively for a crime that could have been handled differently and lives would not have been lost.
"Stand Your Ground" And Self Defense, Cynthia Ward
"Stand Your Ground" And Self Defense, Cynthia Ward
Faculty Publications
No abstract provided.
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
Journal Articles
In a recent critique, Jens Ohlin faults contemporary criminal law textbooks for emphasizing philosophy, history and social science at the expense of doctrinal training. In this response, we argue that the political importance of criminal law justifies including reflection about the justice of punishment in the professional education of lawyers. First, we argue that both understanding and evaluating criminal law doctrine requires consideration of political philosophy, legal history, and empirical research. Second, we argue that the indeterminacy of criminal law doctrine on some fundamental questions means that criminal lawyers often cannot avoid invoking normative theory in fashioning legal arguments. Finally, …
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Articles
Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these …
Unsophisticated Sentencing, Miriam Baer
Punishment As Protection, Cynthia Godsoe
Wild West Campus: A Discussion On Concealed Weapons And The College Campus, Luke W. Mcminn
Wild West Campus: A Discussion On Concealed Weapons And The College Campus, Luke W. Mcminn
Senior Honors Theses
This thesis reviews the recent history of gun-related violence on college campuses in relation to gun control laws and argues whether college campuses should allow students and teachers with Carrying a Concealed Weapon permits to carry these weapons on campus, or if such a policy would merely exacerbate the issue at hand. The purpose of this thesis is to show that such a policy is effective, safe, and overall a benefit to the campus atmosphere and experience. Important points considered include the legal history of carrying concealed weapons, the current policies of universities concerning students carrying concealed weapons, the opinions …