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Legal Studies

1988

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Articles 1 - 30 of 68

Full-Text Articles in Social and Behavioral Sciences

Options In De-Escalating Tensions Over State-Tribal Disputes, Christine Yalda Sep 1988

Options In De-Escalating Tensions Over State-Tribal Disputes, Christine Yalda

Christine A. Yalda

No abstract provided.


Introduction: "Plus Ca Change...?", Stephen B. Burbank Jul 1988

Introduction: "Plus Ca Change...?", Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Ua12/2/1 Magazine, Wku Student Affairs Apr 1988

Ua12/2/1 Magazine, Wku Student Affairs

WKU Archives Records

Special magazine edition of the College Heights Herald.

  • Poore, Chris. The Jovial Judge – District Court Judge Tom Lewis
  • White, Douglas. Dealing with Death
  • White, Douglas. Hospice Eases Death Crisis
  • Albrecht, Dana. Friends Forever – short story


A Practical Reference For Students, Parents, And District Employees For The Governing Of Sterling Middle School, Debra J. Lacy Jan 1988

A Practical Reference For Students, Parents, And District Employees For The Governing Of Sterling Middle School, Debra J. Lacy

All Graduate Projects

A study was conducted of several aspects of Washington State Law, including portions of the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), plus an in-depth study on search and seizure rights of the school. The search and seizure study was limited to locker searches by school personnel. The study primarily included relevant aspects of school attendance, bus behavior, corporal punishment, student discipline, student and school property, student dress, search and seizure, and first amendment issues (i.e., publications by students). From this study, an in-depth handbook was produced for use by school administrators and students of Sterling Middle …


Fourth Amendment--Work-Related Searches By Government Employers Valid On Reasonable Grounds, E. Miles Kilburn Jan 1988

Fourth Amendment--Work-Related Searches By Government Employers Valid On Reasonable Grounds, E. Miles Kilburn

Journal of Criminal Law and Criminology

No abstract provided.


Sixth Amendment--Limiting The Scope Of Bruton, William G. Dickett Jan 1988

Sixth Amendment--Limiting The Scope Of Bruton, William G. Dickett

Journal of Criminal Law and Criminology

No abstract provided.


Eighth And Fourteenth Amendments--The Death Penalty Survives, Anderson E. Bynam Jan 1988

Eighth And Fourteenth Amendments--The Death Penalty Survives, Anderson E. Bynam

Journal of Criminal Law and Criminology

No abstract provided.


In Search Of The Impartial Jury, James J. Gobert Jan 1988

In Search Of The Impartial Jury, James J. Gobert

Journal of Criminal Law and Criminology

No abstract provided.


Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert Jan 1988

Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert

Journal of Criminal Law and Criminology

No abstract provided.


Rationalizing Criminal Forfeiture, David J. Fried Jan 1988

Rationalizing Criminal Forfeiture, David J. Fried

Journal of Criminal Law and Criminology

No abstract provided.


Fifth Amendment--The Applicability Of The Assertion Of The Right To Counsel To Unrelated Investigations, Patrick J. Bitterman Jan 1988

Fifth Amendment--The Applicability Of The Assertion Of The Right To Counsel To Unrelated Investigations, Patrick J. Bitterman

Journal of Criminal Law and Criminology

No abstract provided.


Sixth And Fourteenth Amendments--The Lost Role Of The Peremptory Challenge In Securing An Accused's Right To An Impartial Jury, James G. Bonebrake Jan 1988

Sixth And Fourteenth Amendments--The Lost Role Of The Peremptory Challenge In Securing An Accused's Right To An Impartial Jury, James G. Bonebrake

Journal of Criminal Law and Criminology

No abstract provided.


Supervisory Power Meets The Harmless Error Rule In Federal Grand Jury Proceedings, Rebecca Ann Mitchells Jan 1988

Supervisory Power Meets The Harmless Error Rule In Federal Grand Jury Proceedings, Rebecca Ann Mitchells

Journal of Criminal Law and Criminology

No abstract provided.


Title Vii And The Age Discrimination In Employment Act: Should Partners Be Protected As Employees?, Colleen E. Medill Jan 1988

Title Vii And The Age Discrimination In Employment Act: Should Partners Be Protected As Employees?, Colleen E. Medill

Nebraska College of Law: Faculty Publications

In deciding whether a state law partner is an "employee" under Title VII or the ADEA, the test proposed by this Comment is as follows: (1) Did the partnership agreement create an "expulsion power" in favor of the partnership? If so, a rebuttable presumption exists that the partner is an "employee." (2) Assuming the partner cannot be expelled without cause, is this an "expendable partner?" Could the partnership afford to pay the partner the value of his partnership interest if he decides to leave? If so, a rebuttable presumption arises that the partner is an employee.

This test has several …


Protecting Shareholders From Themselves? A Policy And Constitutional Review Of A State Takeover Statute, C. Steven Bradford Jan 1988

Protecting Shareholders From Themselves? A Policy And Constitutional Review Of A State Takeover Statute, C. Steven Bradford

Nebraska College of Law: Faculty Publications

American business in the last twenty-five years has experienced an explosion in the number of hostile corporate takeovers. Attempts to acquire billion-dollar companies are becoming commonplace. Smaller takeovers barely attract the attention of the financial press. The likelihood of a tender offer has become another everyday concern of management, as much a part of the business landscape as sales figures and profit margins.

Proponents of hostile corporate takeovers argue that such takeovers generally benefit society and corporate shareholders. They provide a way to discipline the management of companies which are operating inefficiently or not returning the full value of their …


Returning To M'Naghten To Avoid Moral Mistakes: One Step Forward, Or Two Steps Backward For The Insanity Defense, Robert F. Schopp Jan 1988

Returning To M'Naghten To Avoid Moral Mistakes: One Step Forward, Or Two Steps Backward For The Insanity Defense, Robert F. Schopp

Nebraska College of Law: Faculty Publications

The history of the not guilty by reason of insanity (NGRI) defense has been characterized by an extended search for a satisfactory standard. For many years, the M'Naghten test was the standard applied by the majority of courts in the United States. The M'Naghten test has been widely criticized, however, as being too narrow, over-emphasizing the cognitive aspect of personality, and artificially restricting the scope of expert testimony. In 1955, the American Law Institute (ALI) proposed an alternative standard as part of its Model Penal Code. Since that time, there has been a marked trend in many jurisdictions from the …


Comparative Analysis Of Illinois Juvenile Judges: 1965 Vs. 1987, Gerald T. Cyrkiel Jan 1988

Comparative Analysis Of Illinois Juvenile Judges: 1965 Vs. 1987, Gerald T. Cyrkiel

All Capstone Projects

This study will examine the relationship between the current system of educating juvenile court judges and the changes which are necessary to improve the realm of juvenile justice.

This study will describe the current education programs which are presently available for juvenile court judges in the United States. In order to provide a view of the education and experience of a group of juvenile court judges, a sample of Illinois juvenile court judges will be surveyed as to educational background, occupational experience related to youth, and attendance at national and local education programs for juvenile court judges. The findings of …


Eighth Amendment--Pretrial Detention: What Will Become Of The Innocent, Michael J. Eason Jan 1988

Eighth Amendment--Pretrial Detention: What Will Become Of The Innocent, Michael J. Eason

Journal of Criminal Law and Criminology

No abstract provided.


1988 Dwc Membership And Mailing Lists, American Society Of Criminology. Division On Women And Crime. Jan 1988

1988 Dwc Membership And Mailing Lists, American Society Of Criminology. Division On Women And Crime.

Division on Women and Crime Documents and Correspondence

Membership list of DWC members, 1988


1988 Correspondence Committee., American Society Of Criminology. Division On Women And Crime, Elizabeth A. Stanko, Kathy Daly, Marie Andree Bertrand, Coramae Mann Jan 1988

1988 Correspondence Committee., American Society Of Criminology. Division On Women And Crime, Elizabeth A. Stanko, Kathy Daly, Marie Andree Bertrand, Coramae Mann

Division on Women and Crime Documents and Correspondence

Curriculum Guides


Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts Jan 1988

Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Unpleasant Facts: The Supreme Court's Response To Empirical Research On Capital Punishment, Phoebe C. Ellsworth Jan 1988

Unpleasant Facts: The Supreme Court's Response To Empirical Research On Capital Punishment, Phoebe C. Ellsworth

Book Chapters

Slowly at first, and then with accelerating frequency, the courts have begun to examine, consider, and sometimes even require empirical data. From 1960 to 1981, for example, use of the terms "statistics" and "statistical" in Federal District and Circuit Court opinions increased by almost 15 times.1 Of course, citation rates indicate only that a topic is considered worthy of mention, not that it is taken seriously, or even understood. Nonetheless, in a number of areas, such as jury composition and employment discrimination, the courts have come to rely on empirical data as a matter of course.

In the last 25 …


Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper Jan 1988

Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper

Articles

Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.

On the one hand, I do not plan to present …


Divisionews (Spring-Summer 1988 / Vol. 2 No. 1), American Society Of Criminology Division On Women And Crime Jan 1988

Divisionews (Spring-Summer 1988 / Vol. 2 No. 1), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.


Against Police Interrogation--And The Privilege Against Self-Incrimination, Donald A. Dripps Jan 1988

Against Police Interrogation--And The Privilege Against Self-Incrimination, Donald A. Dripps

Journal of Criminal Law and Criminology

No abstract provided.


First Amendment--The Objective Standard For Social Value In Obscenity Cases, Lorri Staal Jan 1988

First Amendment--The Objective Standard For Social Value In Obscenity Cases, Lorri Staal

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment--Requiring Probable Cause For Searches And Seizures Under The Plain View Doctrine, Elsie Romero Jan 1988

Fourth Amendment--Requiring Probable Cause For Searches And Seizures Under The Plain View Doctrine, Elsie Romero

Journal of Criminal Law and Criminology

No abstract provided.


Fifth, Sixth, And Fourteenth Amendments-A Constitutional Paradigm For Determining The Admissibility Of Hypnotically Refreshed Testimony, Francis P. Kuplicki Jan 1988

Fifth, Sixth, And Fourteenth Amendments-A Constitutional Paradigm For Determining The Admissibility Of Hypnotically Refreshed Testimony, Francis P. Kuplicki

Journal of Criminal Law and Criminology

No abstract provided.


Fifth And Fourteenth Amendments--Defining The Protections Of The Fifth And Fourteenth Amendments Against Self-Incrimination For The Mentally Impaired, Michael R. Pace Jan 1988

Fifth And Fourteenth Amendments--Defining The Protections Of The Fifth And Fourteenth Amendments Against Self-Incrimination For The Mentally Impaired, Michael R. Pace

Journal of Criminal Law and Criminology

No abstract provided.


Sixth Amendment--The Co-Conspirator Exemption To The Hearsay Rule: The Confrontation Clause And Preliminary Factual Determinations Relevant To Federal Rule Of Evidence 801(D)(2)(E), Julie Hanusa Jan 1988

Sixth Amendment--The Co-Conspirator Exemption To The Hearsay Rule: The Confrontation Clause And Preliminary Factual Determinations Relevant To Federal Rule Of Evidence 801(D)(2)(E), Julie Hanusa

Journal of Criminal Law and Criminology

No abstract provided.