Law Commons^™

Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly

University of Richmond Law Review

No abstract provided.

The Time Has Come For Law Enforcement Recordings Of Custodial Interviews, Start To Finish, Thomas P. Sullivan

Golden Gate University Law Review

Throughout the United States, more and more law enforcement officials are coming to realize the tremendous benefits they receive when the questioning of suspects in police facilities is recorded from beginning to end, starting with the Miranda warnings and continuing until the interview is completely finished. Recordings put an end to a host of problems for detectives: having to scribble notes during interviews and later type reports; straining on the witness stand weeks and months later, trying to describe what happened behind closed doors at the station; becoming embroiled in courtroom disputes about what was said and done during custodial …

Exoneration And Wrongful Condemnations: Expanding The Zone Of Perceived Injustice In Death Penalty Cases, Craig Haney

Golden Gate University Law Review

In this article I argue that despite the very serious nature and surprisingly large number of these kinds of exonerations, revelations about factually innocent death-sentenced prisoners represent only the most dramatic, visible tip of a much larger problem that is submerged throughout our nation's system of death sentencing. That is, many of the very same flaws and factors that have given rise to these highly publicized wrongful convictions also produce a more common kind of miscarriage of justice in capital cases. I refer to death sentences that are meted out to defendants who, although they may be factually guilty of …

Beyond Unreliable: How Snitches Contribute To Wrongful Convictions, Alexandra Natapoff

Golden Gate University Law Review

This Comment briefly surveys in Part I some of the data on snitch-generated wrongful convictions. In Part II, it describes in more detail the institutional relationships among snitches, police, and prosecutors that make snitch falsehoods so pervasive and difficult to discern using the traditional tools of the adversarial process. Part III concludes with a litigation suggestion for a judicial check on the use of informant witnesses, namely, a Daubert-style pre-trial reliability hearing. The Appendix in Part IV contains a sample motion requesting and justifying such a hearing.

Anatomy Of A Miscarriage Of Justice: The Wrongful Conviction Of Peter J. Rose, Susan Rutberg

Golden Gate University Law Review

This Article examines one case in which students and lawyers from Golden Gate University's Innocence Project won the exoneration of Peter J. Rose, a man who served nearly ten years of a twenty-seven year State Prison sentence for the rape and kidnap of a child before DNA proved his innocence. The analysis of this case focuses on how the conduct of two police detectives, the prosecutor and the defense attorney contributed to this miscarriage of justice.

Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman

Dalhousie Law Journal

What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …

Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin

Dalhousie Law Journal

In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.

Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros

Golden Gate University Law Review

In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …

Commercial Law - Interpreting The Uniform Commercial Code: Methodologies Used, Misused And Unused, Howard Foss

Golden Gate University Law Review

No abstract provided.

Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul

Annual Survey of International & Comparative Law

The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …

Promises Of Rewards In A Comparative Perspective, Pablo Lerner

Annual Survey of International & Comparative Law

I will deal with the different aspects of the promise of rewards, comparing the unilateral solution, inspired by the tradition in civil law countries, with the solution. in the common law jurisdictions, and I will try to show why in my opinion the unilateral approach prompts better and more coherent solutions. Against the background of the analysis of reward, we will have the opportunity to elaborate some ideas about the meaning of such basic concepts as contract, promise or bargain. Then I will try to distinguish between reward and other offers to the public, a distinction that is justified if …

Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva

Annual Survey of International & Comparative Law

Unlike the United States with its extensive experience in alternative dispute resolution, this institution is in its infancy in Russia. Russia is only now developing an interest in out-of-court methods of dispute resolution. With economic changes, the number of new legal disputes has increased significantly. Russian courts of general jurisdiction are overloaded by civil cases. Ordinary litigation has become too expensive for the majority of the Russian people. In such conditions Russian society needs less expensive, more flexible alternatives to litigation. The purpose of this paper is to compare the ADR experiences in the United States and the Russian Federation, …

Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker

Golden Gate University Law Review

No abstract provided.

Holding The "Responsible Corporate Officer" Responsible: Addressing The Need For Expansion Of Criminal Liability For Corporate Environmental Violators, Nancy Mullikin

Golden Gate University Environmental Law Journal

This comment argues that the responsible corporate officer (RCO) doctrine, as written into the CWA and the CAA, was intended to impose an affirmative duty on corporate officers based on their position and should be interpreted to expand criminal liability in the prosecution of substantive corporate environmental crimes. This comment also argues that the courts should expand criminal liability based on the RCO doctrine instead of limiting its application. Part II provides an overview of criminal prosecution of environmental crimes: its history, procedures, and purposes, in order to provide a context for understanding how the RCO doctrine appropriately expands criminal …

Climate Change And The Public Trust Doctrine: Using An Ancient Doctrine To Adapt To Rising Sea Levels In San Francisco Bay, Tim Eichenberg, Sean Bothwell, Darcy Vaughn

Golden Gate University Environmental Law Journal

The predicament faced in San Francisco Bay is confronted in bays and estuaries throughout the nation. Using BCDC as a case study, this Article examines the threats posed by climate change to San Francisco Bay, the relationship between the public trust doctrine and the Takings Clause, and how the public trust doctrine can help public agencies address the impacts of climate change and sea level rise by: enhancing limited permit authority; requiring fees to mitigate the impacts of climate change; addressing the impacts of shoreline armoring; utilizing rolling easements and other legal mechanisms; protecting wetlands, marshes, and salt ponds; implementing …

Endless Exemptions: An Environmental Justice Critique Of The Ongoing Use Of Methyl Bromide, Laura Kent-Monning

Golden Gate University Environmental Law Journal

This Comment is an environmental justice critique of the ongoing use of methyl bromide. Part I provides an overview of methyl bromide, the Montreal Protocol, the CAA, and the Executive Order on Environmental Justice. Part II critiques the system of CUEs by arguing that the ongoing use of methyl bromide, facilitated by the Environmental Protection Agency (EPA), places an undue burden on minority and low income communities and, therefore, violates the Executive Order on Environmental Justice. In addition, Part II illustrates other instances in which the EPA has violated the Executive Order; argues that the CUE system violates the environmental …

Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.

The Soul Of The Profession, Mario M. Cuomo

Pace Law Review

No abstract provided.

Pining For Sustainability, Timothy M. Mulvaney

University of Richmond Law Review

In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.

Graveside Birthday Parties: The Legal Consequences Of Forming Families Posthumously, Browne Lewis

Case Western Reserve Law Review

No abstract provided.

Law And The Stable Self, Rebecca Hollander-Blumoff

Saint Louis University Law Journal

No abstract provided.

The Role Of Law In Economic Markets: Recent Cases Of The European Court Of Justice In Employment Law, Rolf Wank

Saint Louis University Law Journal

No abstract provided.

The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter

Fordham Journal of Corporate & Financial Law

No abstract provided.

Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian

Saint Louis University Law Journal

No abstract provided.

Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black

Saint Louis University Law Journal

No abstract provided.

The Body Of The Mind: Embodied Cognition, Law, And Justice, Adam Benforado

Saint Louis University Law Journal

No abstract provided.

Teaching Indian Law, Lindsay G. Robertson

Saint Louis University Law Journal

No abstract provided.

Transsexual Law Unconstitutional: German Federal Constitutional Court Demands Reformation Of Law Because Of Fundamental Rights Conflict, Gregory A. Knott

Saint Louis University Law Journal

No abstract provided.

Matthew S. Weinert On Hegel’S Laws: The Legitimacy Of A Modern Legal Order. By William E. Conklin. Stanford: Stanford University Press, 2008. 381pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Hegel’s Laws: The Legitimacy of a Modern Legal Order. By William E. Conklin. Stanford: Stanford University Press, 2008. 381pp.