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Articles 301 - 309 of 309
Full-Text Articles in Law
Do Two Wrongs Protect A Prosecutor?, Peter A. Joy, Kevin C. Mcmunigal
Do Two Wrongs Protect A Prosecutor?, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
May a former criminal defendant bring a civil rights action against a prosecutor who fabricated evidence during an investigation and then introduced that evidence against the defendant at trial? The Seventh and Second Circuits have divided in answering this question. On November 4, 29, the Supreme Court heard oral argument in an Eighth Circuit case raising this question, Pottawattamie County v. Harrington, 547 F.3d 922 (8th Cir. 28), cert. granted, 129 S. Ct. 22 (April 2, 29), and many expected the Court to resolve the circuit split later this term. But on January 4, 21, the Court dismissed the case …
Deceit In Defense Investigations, Peter A. Joy, Kevin C. Mcmunigal
Deceit In Defense Investigations, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
Prosecutors and police routinely employ misrepresentation and deceit in undercover investigations. In cases ranging from drug distribution, prostitution, and sexual misconduct with minors to organized crime and terrorism, police and those cooperating with police deceive suspects and their cohorts about their identities and their intentions in order to gain information to help uncover past crimes and thwart future crimes. Frequently, such deceit helps reveal the truth about what criminals do and think.
May defense lawyers and investigators working for them employ similar tactics? Or should prosecutors be the only lawyers allowed to direct and supervise investigatory deception? In recent years, …
Henry King, Erik M. Jensen
Henry King, Erik M. Jensen
Faculty Publications
Henry King and I both began at Case Western Reserve in 1983, memorialized in an issue of In Brief, the law school magazine, that has a cover photo showing total devastation. It looks like the aftermath of a faculty meeting, but the picture is really of bombed-out Nuremberg, of course.
Scientific Fraud, Paul C. Giannelli
Scientific Fraud, Paul C. Giannelli
Faculty Publications
Although scientific fraud is rare, when it occurs, it needs to be identified and documented. This article discusses two of the most notorious cases in forensic science. Part I focuses on the misconduct of Fred Zain, a serologist with the West Virginia State Police crime laboratory and later with the County Medical Examiner’s laboratory in San Antonio, Texas. Part II examines the misconduct of Joyce Gilchrist, a forensic examiner with the Oklahoma City Police Department.
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Faculty Publications
No abstract provided.
Keynote Address: The T-Team, Michael P. Scharf
Keynote Address: The T-Team, Michael P. Scharf
Faculty Publications
No abstract provided.
New Governance, Preemptive Self-Regulation, And The Blurring Of Boundaries In Regulatory Theory And Practice, Jason M. Solomon
New Governance, Preemptive Self-Regulation, And The Blurring Of Boundaries In Regulatory Theory And Practice, Jason M. Solomon
Faculty Publications
In the literature on "new governance" forms of regulation, the blurring of traditional boundaries is a pervasive but largely implicit theme. This Article makes this theme explicit, and argues that the capacity to blur boundaries is one of new governance's signature strengths. New governance regulation frequently blurs the roles of regulatory actors, the stages of regulation, the modes of regulation, the functions of a regulatory regime; and the structure of the regulatory regime. The Article applies this lens to a series of case studies, and demonstrates how industry attempts at preemptive self-regulation have created opportunities where new governance forms of …
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Faculty Publications
No abstract provided.
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Faculty Publications
No abstract provided.