Law Commons^™

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

Not available.

Hell Hath No Fury Like A Fan Scorned: State Regulation Of Sports Agents, Phillip J. Closius

All Faculty Scholarship

This article first describes the existing system of state statutes regulating sports agents, including the proposed Model Uniform Athlete Agents Act. The article then examines the validity of these statutes in the context of jurisdictional limitations and dormant Commerce Clause principles. Lastly, federal regulation and the rules of professional sports unions are considered as alternatives to state legislative activity.

Criminal Law, James Clark

South Carolina Law Review

No abstract provided.

Criminal Law, Susannah R. Cole

South Carolina Law Review

No abstract provided.

Civil Commitment Of Sex Offenders: South Carolina's Sexually Violent Predator Act, J. H. Cook

South Carolina Law Review

No abstract provided.

The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar

Law and Contemporary Problems

Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.

The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff

Law and Contemporary Problems

Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.

Message To Criminal Defendants--Waive At Your Own Risk: The Eight Circuit Enforces Waivers Of Appellate Rights, The, Ginger K. Gooch

Missouri Law Review

"The right to appeal at least once without obtaining prior court approval is nearly universal. [A]lthough its origins are neither constitutional nor ancient, the right has become, in a word, sacrosanct., 2 Likewise, the criminal defendant's right to utilize appellate rights as a bargaining chip meets with widespread acceptance; nearly every circuit allows criminal defendants to waive their rights to appeal in conjunction with plea bargain agreements.3 The circuits disagree, however, concerning whether a defendant's waiver of appellate rights remains valid if a district court judge fails to explicitly discuss the waiver with the defendant during a Rule 11 colloquy4 …

Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman

Law and Contemporary Problems

The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.

The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young

Law and Contemporary Problems

In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.

The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley

Law and Contemporary Problems

Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.

Reviving The Criminal Jury In Japan, Lester W. Kiss

Law and Contemporary Problems

Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.

The American Criminal Jury, Nancy Jean King

Law and Contemporary Problems

King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.

Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble

Vanderbilt Law Review

"When I use a word.., it means just what I choose it to mean-neither more nor less.", This statement by Humpty Dumpty sets forth the argument of this Note: words used to describe mens rea in federal criminal statutes have plain, ordinary meanings. When the United States Supreme Court interprets these statutes, it should do so according to the words' plain meanings. Because the Court has not used this approach in past cases, the law of mens rea on the federal level is confusing and inconsistent.

The Court has tried to repair poorly drafted statutes by interpreting them in various …

Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean

Missouri Law Review

Evidence of other crimes, or uncharged misconduct evidence as it is commonly called, has been important in many criminal trials, including such well-publicized trials as that of O.J. Simpson for murder and those of William Kennedy Smith and Mike Tyson for rape.2 Furthermore, this type of evidence is important because studies have shown that admission of uncharged misconduct evidence greatly increases the likelihood that a jury will find the defendant guilty.3 State v. Skillicorn4 presents a look at the current state of the law concerning admission of other crimes evidence in Missouri. The case illustrates the difficulty in applying current …

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Journal Articles

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …

Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner

Scholarly Articles

None available.

Justice For The Forgotten And Despised, David C. Leven

Touro Law Review

No abstract provided.

A Prevention Model Of Juvenile Justice: The Promise Of Kansas V. Hendricks For Children, Christopher Slobogin, Mark R. Fondacaro, Jennifer L. Woolard

Vanderbilt Law School Faculty Publications

The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, the State could forego the substantive and procedural requirements associated with the adult system of criminal punishment. As an historical and conceptual matter, however, the parens patriae power justifies intervention only for the good of the subject, not for society as a whole. " From the outset, then, the image of the juvenile delinquency system as a manifestation of the State acting as "parent" was an implausible one. This …

Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns

Campbell Law Review

Part II of this Article outlines the development of the federal IRS worker classification status and attendant issues. Part III introduces some initiatives taken by the IRS in an effort to settle cases with taxpayers. Part IV discusses the federal criminal sanctions that can be imposed on an individual or entity which fails to collect or pay over to the United States Treasury these employment trust fund taxes. In Part V, the status of worker classification in North Carolina is considered relative to cases filed primarily with the Employment Security Commission. Finally, in Part VI, some observations are offered regarding …

Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer

Theses Digitization Project

No abstract provided.

The Child, The Step Parent And The State: Step Parent Visitation And The Voice Of The Child, Stephen Hellman

Touro Law Review

No abstract provided.

The Place Of Victims In The Theory Of Retribution, George P. Fletcher

Faculty Scholarship

Remarkably, the theory of criminal law has developed without paying much attention to the place of victims in the analysis of responsibility or in the rationale for punishment. You can read a first-rate book like Michael Moore's recent Placing Blame and not find a single reference to the relevance of victims in imposing liability and punishment. In the last several decades we have witnessed notable strides toward attending to the rights and interests of crime victims, but these concerns have yet to intrude upon the discussion of the central issues of wrongdoing, blame, and punishment.

Admittedly, victims and their sentiments …

Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti

Fordham Law Review

No abstract provided.

Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron

Fordham Law Review

No abstract provided.

Rethinking The Tough Sentencing Of Teenage Neonaticide Offenders In The United States, Christine A. Fazio, Jennifer L. Comito

Fordham Law Review

No abstract provided.

Temporal Units Of Prosecution And Continuous Acts: Judicial And Constitutional Limitations

San Diego Law Review

Part II will examine the

historical development and the Supreme Court's application of the so- called rule of lenity when adjudicating cases involving statutes with

unclear units of prosecution Part II will also examine the manner in which unclear draftsmanship has been treated in other areas of law and

will compare those areas of law with the rationale behind the rule of lenity. Finally, Part II will conclude by arguing that the rule of lenity creates a presumption opposing multiple prosecutions for the continuing violation of a statute, unless there is clear legislative intent to the contrary. Part M11 will …

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.

Criminal Law: "Am I My Brother's Keeper?" Sherrice's Law: A Balance Of American Notions Of Duty And Liberty, Justin T. King

Oklahoma Law Review

No abstract provided.

Imposing Duties On Witnesses To Child Sexual Abuse: A Futile Response To Bystander Indifference, Jessica R. Givelber

Fordham Law Review

No abstract provided.