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Articles 1 - 17 of 17
Full-Text Articles in Criminal Law
Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law
Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law
Life of the Law School (1993- )
Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements
The Admissibility Of Hearsay Evidence In New York State Sex Offender Civil Commitment Hearings After State V. Floyd Y.: Finding A Balance Between Promoting The General Welfare Of Sexual Assault Victims And Providing Due Process Of Law, Brittany K. Dryer
Fordham Law Review
In twenty states throughout the country, the government may petition for the civil commitment of detained sex offenders after they are released from prison. Although processes differ among the states, the government must generally show at a court proceeding that a detained sex offender both suffers from a mental abnormality and is dangerous and that this combination makes a detained sex offender likely to reoffend. At such court proceedings, both the government and the respondent will present evidence to either the court or the jury on these issues. As in most court proceedings, hearsay evidence is inadmissible at sex offender …
No Money, No Lawyer — No Children: The Right To Counsel For Indigent Defendants In Nevada Termination Of Parental Rights Proceedings, Erik J. Foley
No Money, No Lawyer — No Children: The Right To Counsel For Indigent Defendants In Nevada Termination Of Parental Rights Proceedings, Erik J. Foley
Nevada Law Journal
No abstract provided.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Civil Rico: The Legal Galaxy's Black Hole, Virginia M. Morgan
Civil Rico: The Legal Galaxy's Black Hole, Virginia M. Morgan
Akron Law Review
The Racketeer Influenced and Corrupt Organization (RICO) statute' was enacted as part of the Organized Crime Control Act of 1970. Congress passed it in response to a growing concern over the pervasive influence of organized crime in America? The statute contains both criminal penalties and civil sanctions, and civil RICO actions are available to both the government and to private individuals. It is a complex, powerful, and controversial law. In its private civil version, RICO is evolving into something quite different from the original conception of its enactors? It offers a federal forum and mandatory treble damages with attorneys fees …
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith
Faculty Publications
In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …
Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson
Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson
Akron Law Review
With Japan marking its three-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore future possibilities. More significantly, this paper asserts that the convergence of various forces makes this an ideal time to expand lay participation into the civil realm so as to enhance the justice process and fully achieve the objectives of Japan’s major legal reforms. Accordingly, this paper is separated into three sections. First, Part I details the underpinnings of Japan’s new lay judge system and examines its triumphs and …
Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law
Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Indiana Law Journal
In a series of studies involving over six hundred trial judges in three countries, we demonstrate that trial judges’ civil damage awards and criminal sentences are subject to influences that make them erratic. We found that the presence of misleading numeric reference points (or “anchors”) affected judges’ decisions in a series of hypothetical cases. Specifically, judges imposed shorter sentences when assigning sentences in months rather than in years; awarded higher amounts of compensatory damages when informed of a cap on damage awards; imposed different sentences depending upon the sequence in which criminal cases were presented to them; and were influenced …
Police Racism, Sam Prey
Police Racism, Sam Prey
Nebraska College Preparatory Academy: Senior Capstone Projects
The Police Force is a respected service that keeps our streets safe but their power of enforcing the law could be and has been abused and has caused a lot of controversy between people of different ethnic backgrounds. This is important because rights have been violated and in this modern age these cases shouldn’t occur at all. There is a lot of informaLon about cases where people have been mistreated or abused excessively for a crime that could have been handled differently and lives would not have been lost.
Wild West Campus: A Discussion On Concealed Weapons And The College Campus, Luke W. Mcminn
Wild West Campus: A Discussion On Concealed Weapons And The College Campus, Luke W. Mcminn
Senior Honors Theses
This thesis reviews the recent history of gun-related violence on college campuses in relation to gun control laws and argues whether college campuses should allow students and teachers with Carrying a Concealed Weapon permits to carry these weapons on campus, or if such a policy would merely exacerbate the issue at hand. The purpose of this thesis is to show that such a policy is effective, safe, and overall a benefit to the campus atmosphere and experience. Important points considered include the legal history of carrying concealed weapons, the current policies of universities concerning students carrying concealed weapons, the opinions …
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Northwestern University Law Review
In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …
Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw
Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw
Duke Law & Technology Review
In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern for the implications of the Third-Party Records Doctrine—a judicially created doctrine that generally eliminates Fourth Amendment protections for information entrusted to third parties—Congress sought to tailor the SCA to electronic communications sent via and stored by third parties. Yet, because Congress crafted the SCA with language specific to the technology of 1986, courts today have struggled to apply the SCA consistently with regard to similar private content sent using different …
There Goes The Neighborhood: Florida's Crackdown On Adverse Possession In The Wake Of The Foreclosure Crisis, Phillip V. Urban
There Goes The Neighborhood: Florida's Crackdown On Adverse Possession In The Wake Of The Foreclosure Crisis, Phillip V. Urban
Phillip V Urban
An examination of the creative use of adverse possession in Florida following the foreclosure crisis, and the State's heavy-handed reaction to the practice.
Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper
Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper
Sturm College of Law: Faculty Scholarship
Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk …
The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski
The Potential Impact Of Rape Culture On Juror Decision Making: Implications For Wrongful Acquittals In Sexual Assault Trials., Meagen M. Hildebrand, Cynthia J. Najdowski
Psychology Faculty Scholarship
Feminist writers contend that Americans live in a culture that supports sexualized aggression and violence against women. This “rape culture” is reflected in our society by the pervasive endorsement of rape myths and sexual objectification of women, both of which are legitimized by everyday media. One potential consequence of living in a rape culture is that individuals may themselves come to endorse rape myths and sexually objectify women, and, in turn, perceive certain forms of sexual violence against women as defensible. This is concerning considering the significant role that laypeople play in administering justice in sexual assault cases, but research …