Law Commons^™

The Disparate Impact Canon, Michael T. Morley

Scholarly Publications

No abstract provided.

Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan

Scholarly Publications

Historically, punitive damage awards and criminal sentences have shared the common justifications of punishment and deterrence, with the culpability of tortfeasors and criminals alike being enhanced as a result of repeat misconduct. The Supreme Court’s 2003 decision in State Farm v. Campbell suggests, however, that the parallels now in effect stop at the state line. The extraterritorial misconduct of tortfeasors is permitted to play a very limited role, if any, in the assessment of punitive damage awards. Meanwhile, such misconduct continues to be used by courts to significantly enhance the sentences of criminal defendants, an asymmetry accentuated by California v. …

Substantive Due Process And The Involuntary Confinement Of Sexually Violent Predators, Wayne A. Logan, Eric S. Janus

Scholarly Publications

Over the past fifty years the Supreme Court has been repeatedly asked to address the constitutionality of civil commitment laws, including laws specifically targeting sexually violent predators (SVPs). The SVP laws have withstood challenge, in each instance redeemed by their putative civil purpose. Today, however, roughly 13 years after the first modern SVP law was enacted by the State of Washington, serious concern exists over whether the laws are fulfilling their civil purpose, or are merely serving as vehicles for impermissible preventive detention.

This Article addresses this question, in the process exploring the viability of the major remaining constitutional basis …

Adr, The Judiciary, And Justice: Coming To Terms With The Alternatives, Erin Ryan

Scholarly Publications

Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself--in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. "Alternative" models of dispute resolution have inarguably penetrated the mainstream; the relevant question now is how they will change it. The judicial embrace of ADR presents opportunities and concerns that distinguish court-annexed programs …

Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan

Scholarly Publications

No abstract provided.