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Legal Studies Commons

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1995

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Articles 1 - 30 of 93

Full-Text Articles in Legal Studies

Atm Crime & Security Newsletter, Vol. 6, No. 11-12, Francis B. Schreiber Nov 1995

Atm Crime & Security Newsletter, Vol. 6, No. 11-12, Francis B. Schreiber

ATM Crime and Security Newsletter

No abstract provided.


An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal Nov 1995

An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal

Faculty Publications

This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …


The Politics Of Law And Order: European Perspectives, Brian Kingshott Oct 1995

The Politics Of Law And Order: European Perspectives, Brian Kingshott

Brian F. Kingshott

No abstract provided.


The Historical Treatment Of Urban Policing In Canada, Jeffrey Ian Ross Ph.D. Sep 1995

The Historical Treatment Of Urban Policing In Canada, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.


Atm Crime & Security Newsletter, Vol. 6, No. 9-10, Francis B. Schreiber Sep 1995

Atm Crime & Security Newsletter, Vol. 6, No. 9-10, Francis B. Schreiber

ATM Crime and Security Newsletter

No abstract provided.


An Assessment Of The Impact Of Intimate Victim-Offender Relationship On Sentencing In Serious Assault Cases, Laura J. Hickman Jul 1995

An Assessment Of The Impact Of Intimate Victim-Offender Relationship On Sentencing In Serious Assault Cases, Laura J. Hickman

Dissertations and Theses

It is generally agreed that a criminal justice system reflects the values of the society within which it exists. The presence of patriarchal social values will likely affect the response of the criminal justice system to intimate violence. While the perpetration of violence against another is a violation of an important social norm, patriarchal values may function to discount the seriousness of such an act, if the violence is perpetrated by a man against his girlfriend or wife. This discount of seriousness may lead to less severe punishment for men who assault their intimates than to men who assault nonintimates. …


Indigent V. Non-Indigent Sex Offenders: An Analysis Of Sentencing In Clackamas, Multnomah And Washington Counties, Oregon, Dorelei Victoria Linder Jul 1995

Indigent V. Non-Indigent Sex Offenders: An Analysis Of Sentencing In Clackamas, Multnomah And Washington Counties, Oregon, Dorelei Victoria Linder

Dissertations and Theses

The present paper is a descriptive study of sex offender sentencing in three Oregon counties in 1992. It examines the relationship between sentencing practices and indigent offenders. It focuses specifically on the question of offender indigent status and court ordered sex offender treatment. The study also provides information about the number of sex offenders in each of the three counties, how the offenders' sentences were determined by the courts through the use of the sentencing guidelines matrix, what type of plea was used, and what if any influence indigence had in the sentencing outcomes for the felony sex off enders …


Atm Crime & Security Newsletter, Vol. 6, No. 7-8, Francis B. Schreiber Jul 1995

Atm Crime & Security Newsletter, Vol. 6, No. 7-8, Francis B. Schreiber

ATM Crime and Security Newsletter

No abstract provided.


The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon Jun 1995

The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.


Atm Crime & Security Newsletter, Vol. 6, No. 4-5, Francis B. Schreiber May 1995

Atm Crime & Security Newsletter, Vol. 6, No. 4-5, Francis B. Schreiber

ATM Crime and Security Newsletter

No abstract provided.


A Candidate Genetic Risk Factor For Vascular Disease: A Common Mutation In Methylenetetrahydrofolate Reductase, P. Frosst, H. J. Blom, R. Milos, P. Goyette, Christal A. Sheppard, R. G. Matthews, G. J.H. Boers, M. Den Heijer, L. A.J. Kluijtmans, L. P. Van Den Heuvel, Rima Rozen May 1995

A Candidate Genetic Risk Factor For Vascular Disease: A Common Mutation In Methylenetetrahydrofolate Reductase, P. Frosst, H. J. Blom, R. Milos, P. Goyette, Christal A. Sheppard, R. G. Matthews, G. J.H. Boers, M. Den Heijer, L. A.J. Kluijtmans, L. P. Van Den Heuvel, Rima Rozen

Nebraska College of Law: Faculty Publications

Hyperhomocysteinaemia has been identified as a risk factor for cerebrovascular, peripheral vascular, and coronary heart disease. Elevated levels of plasma homocysteine can result from genetic or nutrient-related disturbances in the trans-sulphuration or re-methylation pathways for homocysteine metabolism. 5,10-Methylenetetrahydrofolate reductase (MTHFR) catalyzes the reduction of 5,10-methylenetetrahydrofolate to 5-methyltetrahydrofolate, the predominant circulatory form of folate and carbon donor for the re-methylation of homocysteine to methionine. Reduced MTHFR activity with a thermolabile enzyme has been reported in patients with coronary and peripheral artery diseases. We have identified a common mutation in MTHFR which alters a highly-conserved amino acid; the substitution occurs at a …


Judging Judgment: Assessing The Competence Of Mental Patients To Refuse Treatment, Grant H. Morris May 1995

Judging Judgment: Assessing The Competence Of Mental Patients To Refuse Treatment, Grant H. Morris

San Diego Law Review

This Article concerns the due process requirements in determining a mental patient’s competency to make a decision refusing medical treatment. The Author discusses the California decision imposing a judicial hearing requirement and San Diego Superior Court rules for implementing this decision. The Author, a law-trained decision maker in hearings to determine mental patients’ competence to refuse medication, compiled a case report after each of his hearings. He presents and analyzes the data on the competency cases he decided and emphasizes the factors which may have influence his decisions. The Author argues that competency hearings should be conducted by law-trained decision …


Fuzzifying The Natural Law—Legal Positivist Debate, Edward S. Adams, Torben Spaak Apr 1995

Fuzzifying The Natural Law—Legal Positivist Debate, Edward S. Adams, Torben Spaak

Buffalo Law Review

No abstract provided.


United States V. Steinmetz: The Legal Legacy Of The Civil War, Revisited, Susan Poser, Elizabeth R. Varon Apr 1995

United States V. Steinmetz: The Legal Legacy Of The Civil War, Revisited, Susan Poser, Elizabeth R. Varon

Nebraska College of Law: Faculty Publications

One of the enduring and yet unresolved issues concerning the Civil War is its legal nature: Was it an insurrection or an international war? During the war and since, the United States courts have repeatedly been called upon to determine the status of property which was under the control of the Confederacy and its agents during the Civil War. In the process of making such determinations, the courts have reopened questions about the war's legal status. United States v. Steinmetz is such a case.


Divisionews (Spring 1995/ Vol. 9, No. 1), American Society Of Criminology Division On Women And Crime Apr 1995

Divisionews (Spring 1995/ Vol. 9, No. 1), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.


1995 Division On Women And Crime Membership List, American Society Of Criminology. Division On Women And Crime Mar 1995

1995 Division On Women And Crime Membership List, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

List of Members


Atm Crime & Security Newsletter, Vol. 5, No. 3-4, Francis B. Schreiber Mar 1995

Atm Crime & Security Newsletter, Vol. 5, No. 3-4, Francis B. Schreiber

ATM Crime and Security Newsletter

No abstract provided.


Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe Feb 1995

Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe

San Diego Law Review

This Casenote analyzes the significance and potential effects of the decision in Harris v. Forklift Systems, Inc., a Supreme Court case decided in November 1993. This case promulgates a framework for analysis of "hostile environment" sexual harassment claims arising under Title VII of the Civil Rights Act of 1964. The author sets forth the historical backdrop of the case, as well as exploring and comparing the effect of the decision in general with the decision's effect in the Ninth Circuit in particular. The author concludes that the Harris case potentially reduces women's chances of winning sexual harassment claims in the …


Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney Feb 1995

Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney

San Diego Law Review

This Article questions whether parents have a right to corporally punish their children, and if they do, how this right should be defined. The author argues that parents should not receive the heightened constitutional protection conferred by a fundamental right. She argues that the political process already adequately protects the interests of parents in disciplining their children. To the extent that the political process chooses to permit parents to administer reasonable corporal punishment, this Article proposes a five-part test that courts can use to determine whether an act of corporal punishment fits within that reasonableness standard. This test is more …


Fifth Amendment--The Covert Narrowing Of Double Jeopardy Precedent: The Supreme Court's Real Reason For Hearing Schiro V. Farley, James R. Lane Jan 1995

Fifth Amendment--The Covert Narrowing Of Double Jeopardy Precedent: The Supreme Court's Real Reason For Hearing Schiro V. Farley, James R. Lane

Journal of Criminal Law and Criminology

No abstract provided.


Bright Lines And Hard Edges: Anatomy Of A Criminal Evidence Decision, Robert P. Burns Jan 1995

Bright Lines And Hard Edges: Anatomy Of A Criminal Evidence Decision, Robert P. Burns

Journal of Criminal Law and Criminology

No abstract provided.


Fourteenth Amendment--Equal Protection: The Supreme Court's Prohibition Of Gender-Based Peremptory Challenges, Beth A. Deverman Jan 1995

Fourteenth Amendment--Equal Protection: The Supreme Court's Prohibition Of Gender-Based Peremptory Challenges, Beth A. Deverman

Journal of Criminal Law and Criminology

No abstract provided.


Youth Violence, Guns, And The Illicit-Drug Industry, Alfred Blumstein Jan 1995

Youth Violence, Guns, And The Illicit-Drug Industry, Alfred Blumstein

Journal of Criminal Law and Criminology

No abstract provided.


Keeping Guns Out Of The Wrong Hands: The Brady Law And The Limits Of Regulation, James B. Jacobs, Kimberly A. Potter Jan 1995

Keeping Guns Out Of The Wrong Hands: The Brady Law And The Limits Of Regulation, James B. Jacobs, Kimberly A. Potter

Journal of Criminal Law and Criminology

No abstract provided.


Easing Concealed Firearms Laws: Effects On Homicide In Three States, David Mcdowall, Colin Loftin, Brian Wiersema Jan 1995

Easing Concealed Firearms Laws: Effects On Homicide In Three States, David Mcdowall, Colin Loftin, Brian Wiersema

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews Jan 1995

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


Under Penalty Of Death, William J. Fitzpatrick Jan 1995

Under Penalty Of Death, William J. Fitzpatrick

Syracuse University Magazine

No abstract provided.


Headlines: Legal Upgrade, Paula Meseroll Jan 1995

Headlines: Legal Upgrade, Paula Meseroll

Syracuse University Magazine

No abstract provided.


Homosexual Rights And Citizen Initiatives: Is Constitutionalism Unconstitutional?, Richard F. Duncan, Gary L. Young Jan 1995

Homosexual Rights And Citizen Initiatives: Is Constitutionalism Unconstitutional?, Richard F. Duncan, Gary L. Young

Nebraska College of Law: Faculty Publications

Grassroots initiatives like Amendment Two are the product of a populist revolt against restrictive homosexual rights laws. These initiatives are an attempt by the people to protect their basic civil liberties and to promote equal citizenship values. Homosexual rights legislation stigmatizes, marginalizes, and fences out groups and individuals who hold traditional beliefs about sexual morality. Citizen initiatives operate to remove this stigma and its harmful consequences by restoring government to a position of benign neutrality regarding competing visions of human sexuality.

When initiatives like Amendment Two are approved by vote of the people, they are likely to be challenged under …


L'Entreprise En Droit, Jean-Philippe Robé Jan 1995

L'Entreprise En Droit, Jean-Philippe Robé

Jean-Philippe Robé

No abstract provided.