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Articles 31 - 60 of 297
Full-Text Articles in Law
Explicating Correlates Of Juvenile Offender Detention Length: The Impact Of Race, Mental Health Difficulties, Maltreatment, Offense Type, And Court Dispositions, Christopher A. Mallett, Patricia A. Stoddard Dare, Mamadou M. Seck
Explicating Correlates Of Juvenile Offender Detention Length: The Impact Of Race, Mental Health Difficulties, Maltreatment, Offense Type, And Court Dispositions, Christopher A. Mallett, Patricia A. Stoddard Dare, Mamadou M. Seck
Social Work Faculty Publications
Detention and confinement are widely acknowledged juvenile justice system problems which require further research to understand the explanations for these outcomes. Existing juvenile court, mental health, and child welfare histories were used to explicate factors which predict detention length in this random sample of 342 youth from one large, urban Midwestern county in the United States. Data from this sample revealed eight variables which predict detention length. Legitimate predictors of longer detention length such as committing a personal crime or violating a court order were nearly as likely in this sample to predict detention length as other extra-legal predictors such …
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
Working Paper Series
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Working Paper Series
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
Overcriminalization: Is There A Problem To Solve?, Roger Fairfax
Overcriminalization: Is There A Problem To Solve?, Roger Fairfax
Presentations
No abstract provided.
Introduction: Appreciating Bill Stuntz, Michael Klarman, David A. Skeel Jr., Carol Steiker
Introduction: Appreciating Bill Stuntz, Michael Klarman, David A. Skeel Jr., Carol Steiker
All Faculty Scholarship
The past several decades have seen a renaissance in criminal procedure as a cutting edge discipline, and as one inseparably linked to substantive criminal law. The renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This essay is the introductory chapter to The Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz (forthcoming, Cambridge University Press, 2012), which brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. After briefly chronicling the arc of Stuntz’s career, the essay provides …
Summary Of Cortes V. State, 127 Nev. Adv. Op. No. 44, Sean W. Mcdonald
Summary Of Cortes V. State, 127 Nev. Adv. Op. No. 44, Sean W. Mcdonald
Nevada Supreme Court Summaries
Appeal from conviction of possession of a controlled substance with intent to sell.
Summary Of Rose V. State, 127 Nev. Adv. Op. No. 43, Michael Li
Summary Of Rose V. State, 127 Nev. Adv. Op. No. 43, Michael Li
Nevada Supreme Court Summaries
An appeal of a second-degree murder conviction by jury verdict.
Genetics And Criminal Responsibility, Stephen J. Morse
Genetics And Criminal Responsibility, Stephen J. Morse
All Faculty Scholarship
Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred.
Summary Of Winkle V. Warden, 127 Nev. Adv. Op. No. 42, Tim Mott
Summary Of Winkle V. Warden, 127 Nev. Adv. Op. No. 42, Tim Mott
Nevada Supreme Court Summaries
Petitioner sought a writ of mandamus directing Respondents to release her to the 305 program based on the language of NRS 209.427 and 209.429.
Summary Of Saletta V. State, 127 Nev. Adv. Op. No. 34, Erin Elliot
Summary Of Saletta V. State, 127 Nev. Adv. Op. No. 34, Erin Elliot
Nevada Supreme Court Summaries
Appeal from a judgment of conviction by a criminal defendant convicted of indecent or obscene exposure.
From Oglethorpe To The Overthrow Of The Confederacy: Habeas Corpus In Georgia, 1733-1865, Donald E. Wilkes Jr.
From Oglethorpe To The Overthrow Of The Confederacy: Habeas Corpus In Georgia, 1733-1865, Donald E. Wilkes Jr.
Scholarly Works
This Article will provide, for the first time, a comprehensive account of the writ of habeas corpus in Georgia not primarily focused on use of the writ as a postconviction remedy. The Article covers the 132-year period stretching from 1733, when the Georgia colony was established, to 1865, when the Confederate States of America was finally defeated and the American Civil War came to a close.
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship
No abstract provided.
The Final Twist In Common Intention? Daniel Vijay S/O Katherasan V. Public Prosecutor, Siyuan Chen
The Final Twist In Common Intention? Daniel Vijay S/O Katherasan V. Public Prosecutor, Siyuan Chen
Research Collection Yong Pung How School Of Law
It was only in 2008 that the Court of Appeal made a seminal restatement of the law on common intention, particularly with respect to liability in so-called ‘twin crime’ situations. The question posed then was posed again recently in Daniel Vijay: what exactly is the required mens rea for the secondary offender in such situations? In 2008, the Court of Appeal said that the secondary offender had to subjectively know that one in his party might likely commit the collateral offence in furtherance of the common intention of carrying out the primary offence. Now, in Daniel Vijay, the Court …
Criminal And Civil Law In The Torah: The Mosaic Law In Christian Perspective, David A. Skeel Jr., Tremper Longman
Criminal And Civil Law In The Torah: The Mosaic Law In Christian Perspective, David A. Skeel Jr., Tremper Longman
All Faculty Scholarship
When Jesus spoke of fulfilling the law and the prophets, he was referring to the Mosaic law, nearly all of which is in the four books we consider in this Article: Exodus, Leviticus, Numbers and Deuteronomy. In an effort to discern the Mosaic law’s guidance for contemporary secular law, we first place it in covenantal perspective and identify three of its key concerns: God’s nature, as revealed in Scripture; the nature of Israel; and the role of the land. After summarizing the regulation in the four books under consideration and noting a few of its characteristics, we conclude by discussing …
Brief For Evidence And Criminal Law Scholars As Amici Curiae In Support Of Petitioner, Alexander A. Reinert
Brief For Evidence And Criminal Law Scholars As Amici Curiae In Support Of Petitioner, Alexander A. Reinert
Amicus Briefs
Amici are scholars who teach and write about criminal law, criminal procedure, and evidence. We file this brief to address the relationship between rules of admissibility for psychiatric testimony and Eighth Amendment standards for procedure in capital trials. The decision by the Texas Court of Criminal Appeals paid little attention to this relationship, but in so doing it ignored much of this Court’s important capital punishment jurisprudence. Amici write to emphasize that the Eighth Amendment’s emphasis on reliability and accuracy in capital trials has ramifications for the admissibility of expert testimony.
Our scholarly interest in this issue arises from teaching …
Universal Jurisdiction Not So Universal: A Time To Delegate To The International Criminal Court, Dalila V. Hoover
Universal Jurisdiction Not So Universal: A Time To Delegate To The International Criminal Court, Dalila V. Hoover
Cornell Law School Inter-University Graduate Student Conference Papers
The exercise of universal jurisdiction in cases involving crimes under international law remains highly debated and underlines a certain number of legal and political issues in its implementation. Because the principle of universal jurisdiction relies on national authorities to enforce international prohibitions, pivotal decisions are expected to reflect, to a greater or lesser extent, domestic decision-makers’ positions as to the interests of justice, the national interest and other criteria. In many States, the legal system lacks the means to investigate or prosecute on the basis of universal jurisdiction. Indeed, many legal systems do not define the term “crimes” that can …
Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 25, Sean W. Mcdonald
Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 25, Sean W. Mcdonald
Nevada Supreme Court Summaries
Appeal from judgment of conviction, pursuant to jury verdict, of driving under the influence of a controlled substance on grounds certain evidence was inadmissible.
From Protection To Punishment: Post-Conviction Barriers To Justice For Domestic Violence Survivor-Defendants In New York State, Tamar Kraft-Stolar, Elizabeth Brundige, Sital Kalantry, Jocelyn Getgen Kestenbaum, Avon Global Center For Women And Justice At Cornell Law School, Women In Prison Project (Correctional Association Of New York)
From Protection To Punishment: Post-Conviction Barriers To Justice For Domestic Violence Survivor-Defendants In New York State, Tamar Kraft-Stolar, Elizabeth Brundige, Sital Kalantry, Jocelyn Getgen Kestenbaum, Avon Global Center For Women And Justice At Cornell Law School, Women In Prison Project (Correctional Association Of New York)
Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence
No abstract provided.
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
All Faculty Scholarship
Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.
Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …
Piracy Off The Coast Of Somalia: In Search Of The Solution, Alexandr Rahmonov
Piracy Off The Coast Of Somalia: In Search Of The Solution, Alexandr Rahmonov
Cornell Law School Inter-University Graduate Student Conference Papers
Piracy it is not a phenomenon of the past. Modern piracy has become a profitable business, especially off the coast of Somalia, where thousands of pirates are currently involved in criminal activity targeting all kinds of vessels from fishing boats to oil supertankers. Only in 2009, Somali pirates committed about 217 attempted and actual attacks. As a response, the UN Security Council has passed several resolutions authorising military raids against pirates "on land and by air" and requested the Secretary-General to submit a report offering effective counter-piracy measures. Drafted in July 2010, the "Report on possible options to further the …
Mcdonald's Other Right, Samuel L. Wiseman
Mcdonald's Other Right, Samuel L. Wiseman
Scholarly Publications
No abstract provided.
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl
The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum
Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum
Nevada Supreme Court Summaries
An appeal from a district court order clarifying a judgment granting a writ of mandamus, and a proper person appeal from a district court order granting a motion to dismiss
Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth
Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth
Nevada Supreme Court Summaries
A proper person appeal and counsel cross-appeal to have factual statements in a presentence investigation report (PSI) corrected after a prisoner’s sentencing.
Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell
Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell
Nevada Supreme Court Summaries
An appeal from a judgment of conviction, by way of jury verdict, for battery and injury to other property.
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi
Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi
Department of Justice Studies Faculty Scholarship and Creative Works
Siting of drug and alcohol treatment facilities is often met with negative reactions because of the assumption that these facilities increase crime by attracting drug users (and possibly dealers) to an area. This assumption, however, rests on weak empirical footings that have not been subjected to strong empirical analyses. Using census block groups from Philadelphia, PA, it was found that the criminogenic impact of treatment facilities in and near a neighborhood on its violent and property crime rates may be contingent on the socioeconomic status (SES) of the neighborhood. Paying attention to both the density and proximity of facilities in …
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
Law Student Publications
Part I of this comment provides a brief review of Furman and the circumstances leading to the decision. Part II discusses the factors indicating current arbitrariness and other recurring fac-tors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.