Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 15 of 15

Full-Text Articles in Law

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom Oct 2013

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert Bloom

No abstract provided.


The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom Oct 2013

The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom

Robert Bloom

No abstract provided.


Jury Trial In Japan, Robert Bloom Oct 2013

Jury Trial In Japan, Robert Bloom

Robert Bloom

No abstract provided.


United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton Nov 2008

United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton

Margaret M. Lawton

No abstract provided.


Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom Dec 2007

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert M. Bloom

No abstract provided.


Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo Dec 2007

Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo

Paulo Barrozo

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the …


The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom Dec 2007

The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom

Robert M. Bloom

No abstract provided.


Teaching Rape: Some Reflections On Pedagogy, Michelle Dempsey Dec 2007

Teaching Rape: Some Reflections On Pedagogy, Michelle Dempsey

Michelle Madden Dempsey

This short essay, which discusses the difficulties of teaching sexual offences, was written for the Oxford Law Society and published in the student run magazine, The Verdict, in Trinity Term 2007.


Drugs And Justice, Erik Luna, Margaret Battin Dec 2007

Drugs And Justice, Erik Luna, Margaret Battin

Erik Luna

No abstract provided.


Criminal Recidivism Of Female Offenders: The Importance Of Structured, Community-Based Aftercare, Kirk Heilbrun, David Dematteo, Ralph Fretz, Jacey Erickson, Douglas Gerardi, Catherine Halper Dec 2007

Criminal Recidivism Of Female Offenders: The Importance Of Structured, Community-Based Aftercare, Kirk Heilbrun, David Dematteo, Ralph Fretz, Jacey Erickson, Douglas Gerardi, Catherine Halper

David DeMatteo

No abstract provided.


Jury Trial In Japan, Robert Bloom Dec 2007

Jury Trial In Japan, Robert Bloom

Robert M. Bloom

No abstract provided.


Responding To Potential Employee Misconduct In The Age Of The Whistleblower: Foreseeing And Avoiding Hidden Dangers, Lucian E. Dervan Dec 2007

Responding To Potential Employee Misconduct In The Age Of The Whistleblower: Foreseeing And Avoiding Hidden Dangers, Lucian E. Dervan

Lucian E Dervan

The number of law suits brought against corporations in the United States as a result of employee whistleblowers has risen in recent years. There are two predominant reasons for this trend. First, publicity surrounding cases such as Enron in the early 2000s have made employees more sensitive to potential misconduct in the workplace. For instance, a 2007 study found that 56% of employees reported that they had observed conduct that “violated company ethics standards, policy, or the law” in the previous twelve months. Second, employees are now more aware of the role of whistleblowers and are more likely to report …


Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski Dec 2007

Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski

John J. Capowski

This article suggests that the Federal Rules of Evidence (Rules) should be separated into distinct criminal and civil evidence codes. The arguments for this separation are both practical and theoretical, and this article is the first comprehensive discussion of this proposed separation.

The most important of the arguments for bifurcation is that our current unified evidence code leads to inappropriate admission decisions. These inappropriate admission decisions most often occur when the interpretation of a rule in a criminal case is applied in later civil law cases. This result is in part because our rules, and their interpretations, are transubstantive; they …


Fourth Amendment Protection For Stored E-Mail, Susan Freiwald, Patricia L. Bellia Dec 2007

Fourth Amendment Protection For Stored E-Mail, Susan Freiwald, Patricia L. Bellia

Susan Freiwald

The question of whether and how the Fourth Amendment regulates government access to stored e-mail remains open and pressing. A panel of the Sixth Circuit recently held in Warshak v. United States, 490 F.3d 455 (6th Cir. 2007), that users generally retain a reasonable expectation of privacy in the e-mails they store with their Internet Service Providers (ISPs), which implies that government agents must generally acquire a warrant before they may compel ISPs to disclose their users' stored e-mails. The Sixth Circuit, however, is reconsidering the case en banc. This Article examines the nature of stored e-mail surveillance and argues …


Electronic Surveillance At The Virtual Border, Susan Freiwald Dec 2007

Electronic Surveillance At The Virtual Border, Susan Freiwald

Susan Freiwald

A virtual border divides people into two groups: those subject to the Fourth Amendment’s protections when the U.S. government conducts surveillance of their communications and those who are not. The distinction derives from a separation in powers: inside the virtual border, U.S. citizens and others enjoy the extensive oversight of the judiciary of executive branch surveillance. Judges review such surveillance before, during, and after it transpires. Foreign persons subject to surveillance in foreign countries fall within the executive branch’s’ foreign affairs function. However, the virtual border does not exactly match the physical border of the United States. Some people inside …