Law Commons^™

When Juveniles Face Questioning, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.

Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber

Diane Webber

The paper examines current methods of preventive detention in the United States, that is the detaining of a suspect on home soil to prevent a terrorist attack. This paper looks at two recent events: the Fort Hood shootings and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. I demonstrate that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible …

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …

Silent At Sentencing: Waiver Doctrine And A Capital Defendant's Right To Present Mitigating Evidence After Schriro V. Landrigan, Dale E. Ho

Dale E Ho

The consideration of mitigating evidence—evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case—has been deemed a “constitutionally indispensable” feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to death without the consideration of any mitigating evidence whatsoever. Landrigan’s trial counsel failed to uncover substantial evidence of Landrigan’s history of severe physical and sexual abuse as a child, and of the possible biological effects of his mother’s alcohol and drug abuse. Every member of the Ninth Circuit en banc panel considering his case deemed his counsel’s …

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …

Running With United States V. Totaro: Should Divorce Law Preserve Innocent Non-Owner Spouses’ Rights In Property Subject To Federal Criminal Forfeiture?, Matthew Jordan Cochran

Matthew Jordan Cochran

In United States v. Totaro, the Eighth Circuit called for an application of New York divorce law in dividing between the government's interest and that of the innocent Adrienne Totaro in property subjected to forfeiture by her husband's RICO offenses. Adrienne owned legal title to a portion of the property. But shouldn't the law also protect innocent spouses who do not hold title?

By requiring judges to give weight to the marital contributions of the homemaker spouse and not just the breadwinner, equitable distribution and community property regimes in most states address the hardship historically imposed on women by …

Treason As A State Crime, Thomas Wilson Dorr, Ex Parte Dorr, Dean A. Cantalupo

Dean A Cantalupo Esq.

2010 version: For Thomas Wilson Dorr, Treason was a State crime. It is understood by most people that Treason within the United States Constitution is a crime against the national authority, the United States, the Union. Notwithstanding that common understanding, Treason within the United States Constitution is also a State crime, and this is made clear by the plain language of the United States Constitution, as well as many cases of Treason against a State that may be found in the American case reporters. The fundamental textual authority within the Constitution that empowers the United States federal government with legitimate …

Treating The Wounds Of Crime (Interview With Hank Shea), Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.

Putting Forfeiture To Work, Sarah M. Buel

SARAH M BUEL

Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting …

Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell

Liz Campbell

The collection and retention of DNA samples are seen universally as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects, and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. The need for a measured approach in this context is underlined by the “exceptionalism” of genetic material, given the depth and sensitivity of the information contained within, and the potential for “function creep”, whereby state powers insidiously increase and data gathered for one purpose …

Australia’S Homeless Act, James Farrell, Caris Cadd

James Farrell

The Federal Government’s White Paper on Homelessness, The Road Home: A National Approach to Reducing Homelessness (White Paper) proposed the introduction of new legislation that would ‘underpin the national response to homelessness, setting standards to deliver the best quality services possible’.This article outlines the significance of this recommendation to Australians experiencing homelessness and focuses on why the problem of homelessness should be situated within a human rights framework.

False Imprisonment As A Tort In India, Hari Priya

Hari Priya

The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.

Religious Freedom And Controlled Substances: A Legal Analysis, Howard M. Henderson

Howard M Henderson

No abstract provided.

The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris

Grant H Morris

In August, 2008, the ABA Journal featured an article entitled: “The 25 Greatest Legal Movies.” A panel of experts, described in the article as “12 prominent lawyers who teach film or are connected to the business” selected “the best movies ever made about lawyers and the law.” This distinguished panel ranked its twenty-five top legal movies, choosing To Kill a Mockingbird as its number one legal movie. The panel also selected twenty-five films as “honorable mentions,” which were listed in alphabetical order. In my opinion, however, the real greatest legal movie of all time was not selected as the winner. …

"Los Bienes Jurídicos Colectivos En El Derecho Penal. Consideraciones Sobre El Fundamento Y Validez De La Protección Penal De Los Intereses Macrosociales", Elky A. Villegas Paiva

Elky A. Villegas Paiva

El trabajo aborda la cuestionada intervención del Derecho penal en la protección de los bienes jurídicos colectivos. Se parte de destacar el condicionamiento que ejerce la sociedad del riesgo en la configuración del moderno Derecho penal. Posteriormente se realiza una breve descripción sobre el origen de los bienes macrosociales en el campo penal, para luego analizar los presupuestos de merecimiento y necesidad de pena, condiciones que deben superar aquellos intereses –individuales o colectivos- para que su tutela penal sea legítima. Finalmente se examinan las técnicas de tipificación frecuentemente empleadas para la protección penal de estos intereses colectivos, pues es aquí …

Legal Processing Outsourcing: Is The Lack Of A Regulatory Framework One Of The Challenges Facing The Lpo Industry In India?, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Case Study: 1950-1970 Section- 6, The Transfer Of Property Act, 1882, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Amartya Sen's Theory Of Poverty, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Professional Communication And Confidential Communication, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Sociological Study Of Children (Pledging Of Labour) Act, 1933, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Hindu Religious And Charitable Endowments, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

The Doctrine Of Proportionality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

C.P.C., 1908 Order Xx (Rules 10-20): A Case Study 1990-2010(July), Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Patriarchy- The Indian Experience, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

The Expansion Of The Criminal Law Of The Enemy In The Us Legal System., Héctor Zayas Gutiérrez

Héctor Zayas Gutiérrez

The purposes of this presentation are to (1) elucidate main principles of the Criminal Law of the Enemy Theory, (2) explain how the criminal law of the enemy has been adopted and expanded in the US legal system, and (3) give a quick glimpse to some comparative law examples on the Criminal Law of the Enemy Theory applications. Criminal Law of the Enemy, Enemy Criminal Law, Derecho Penal del Enemigo.

Potential For Future Growth Of The International Criminal Court: Possible Expansion Toward Universal Jurisdiction, Michael K. Marriott

Michael K Marriott

Having an intact legal system to prosecute serious criminal offenses is a luxury taken for granted in many parts of the developed world. While comprehensive domestic legal systems are preferable to the far more complex international legal system, an unfortunate reality of the contemporary world is that where many of the most shocking and large-scale violent crimes take place, there is no domestic legal system to speak of. The International Criminal Court was created to meet the need of prosecuting these offenses. Limited in its jurisdiction on a variety of levels, the ICC nevertheless has on its current docket the …

A Fighting Chance For Outlaws: Strict Scrutiny Of North Carolina's Felony Firearms Act, Matthew Jordan Cochran

Matthew Jordan Cochran

This comment presents a substantive due process challenge to North Carolina's Felony Firearms Act (codified at N.C. Gen. Stat. § 14‑415.1), which, as modified in 2004, criminalizes owning a firearm—even in your own home—if you've ever been convicted of a felony. The discussion is very comprehensive.

I begin with an assumption (which by now appears supported by Second Amendment jurisprudence and post-Heller commentary) that individuals have a fundamental right of self-defense, and proceed to demonstrate that the Act deprives persons of that right without being narrowly tailored toward furthering any compelling state interest. For example, the statute does not …

Violent Crimes And Known Associates: The Residual Clause Of The Armed Career Criminal Act, David C. Holman

David Holman

Confusion reigns in federal courts over whether crimes qualify as “violent felonies” for purposes of the Armed Career Criminal Act (ACCA). The ACCA requires a fifteen-year minimum sentence for felons convicted of possessing a firearm who have three prior convictions for violent felonies. Many offenders receive the ACCA’s mandatory minimum sentence of fifteen years based on judges’ guesses that their prior crimes could be committed in a violent manner—instead of based on the statutory crimes of which they were actually convicted. Offenders who do not deserve a minimum sentence of fifteen years may receive it anyway.

The courts’ application of …

The Death Penalty On Trial, Linus Koh

Linus Koh

No abstract provided.

The Susceptibility Of Juveniles To False Confessions And False Guilty Pleas, Allison D. Redlich

Allison D Redlich

No abstract provided.