Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah A. Mourer
This article examines the prosecutor’s and defense attorney’s personal pre-trial beliefs regarding the accused’s guilt or innocence. This analysis suggests that when an attorney does hold pretrial beliefs, such beliefs lead to avoidable bias and errors. These biases may alter the findings throughout all stages of the case. The procedure asking that the prosecution seek justice while having nothing more than probable cause results in the prosecutor’s need to have a belief in guilt before proceeding to trial. While this belief is intended to foster integrity and fairness in the criminal justice system, to the contrary ...
The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson
The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
The vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...
A Different Kind Of Justice: Review 2, 2014 University of Wollongong
A Different Kind Of Justice: Review 2, Claudia Taranto
A Different Kind of Justice tells the story of two people who met across a table in a restorative justice (RJ) conference, facilitated by Karl James, an RJ professional. Margaret’s home is robbed; Ian, a burglar and heroin addict, took a few small items, including a laptop with all her family photos. Margaret reveals that her daughter Jessica died in a car accident a few months after the burglary and the missing photos now mean so much more to the family.
The program is essentially interviews with the two characters, intercut, as they each tell their version of their ...
A Different Kind Of Justice: Review 1, 2014 University of Wollongong
A Different Kind Of Justice: Review 1, Cassandra Sharp Dr
Despite the accepted success of many restorative justice programs with youth and Indigenous offenders, debate still proliferates about the utility of adult restorative justice programs within the criminal justice system. Many important questions are raised about the efficacy and impact of such programs including: ‘What can restorative justice offer adult offenders and victims of crime? What are some of the challenges of using restorative justice in this context? And what can we learn from emerging developments in practice?’ (Bolitho et al, 2012). As will be discussed in this review, Russell Finch’s BBC Radio 4 production of A Different Kind ...
Supreme Court, Kings County, People V. Chapman, 2014 Touro College Jacob D. Fuchsberg Law Center
Supreme Court, Kings County, People V. Chapman, Kerri Grzymala
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Ramirez, 2014 Touro College Jacob D. Fuchsberg Law Center
Appellate Division, First Department, People V. Ramirez, Nicole Compas
Touro Law Review
No abstract provided.
Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti
Corey A Ciocchetti
Hobby Lobby and its quest for religious freedom captured the attention of a nation for a few moments in late June 2014. The country homed in on the Supreme Court as the justices weighed the rights of an incorporated, profit-making entity run by devout individuals that objected to particular entitlements granted to women under the Affordable Care Act. The case raised important legal issues such as whether the law allows for-profit corporations to exercise religion (yes!) and whether protection for religious freedom trumps the rights of third parties to cost free preventive care (sort of!). The Supreme Court’s decision ...
How Can Government Lawyers Contribute To Accountability, 2014 SelectedWorks
How Can Government Lawyers Contribute To Accountability, Matthew S. R. Palmer Qc
Dr Matthew S. R. Palmer QC
Five admonitions about how government lawyers can contribute to accountability.
‘Point And Click’ Versus Byod: Student Engagement Technologies As An Ethical Imperative For Teaching Law, Elizabeth A. Kirley
Elizabeth A Kirley
What conscientious law professor of first year, large format classes in torts, contracts, or criminal law has not pondered how to better engage students while easing their reluctance to speak out in class? While many students entering law schools are quite adept with student engagement technologies (SETs) from their undergraduate studies, some law faculty seem tied to the passive environment of lectures and PowerPoint presentations and hence reject SET methodologies as so much techno-wizardry. With the entry of web-based programs into the expanding field of SETs, and increasing empirical evidence that interactive learning improves grades, closes gender gaps, and helps ...
Protecting The Profession Through The Pen: A Proposal For Liberalizing Aba Model Rule Of Professional Conduct 5.4 To Allow Multidisciplinary Firms, Candace M. Groth
Hamline Law Review
Abandoning The Dead Donor Rule? A National Survey Of Public Views On Death And Organ Donation, 2014 Florida State University
Abandoning The Dead Donor Rule? A National Survey Of Public Views On Death And Organ Donation, Michael Nair-Collins Phd, Sydney R. Green, Angelina R. Sutin Phd
Behavioral Sciences and Social Medicine Faculty Publications
Brain dead organ donors are the principal source of transplantable organs. However, it is controversial whether brain death is the same as biological death. Therefore, it is unclear whether organ removal in brain death is consistent with the 'dead donor rule', which states that organ removal must not cause death. Our aim was to evaluate the public's opinion about organ removal if explicitly described as causing the death of a donor in irreversible apneic coma. We conducted a cross-sectional internet survey of the American public (n=1096). Questionnaire domains included opinions about a hypothetical scenario of organ removal described ...
Countering Hate On The Internet, 2014 SelectedWorks
Countering Hate On The Internet, Raphael Cohen-Almagor
Hate speech is designed to threaten certain groups publicly and act as propaganda for offline organizations. Hate groups use websites to share ideology and propaganda, to link to similar sites and to recruit new converts, advocate violence and to threat others. The aim of this paper is to analyse the ways hate mongers are utilizing the Internet, and to ask what can be done to counter their activities. The paper discusses the targets of hate on the Internet and offers practical proposals to address this increasing problem and fight against it.
Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, 2014 University of Georgia School of Law
Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, 2014 Western University
Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña
Western Journal of Legal Studies
Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...
Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, 2014 Valparaiso University
Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray
Michael D. Murray
This Article discusses the rhetorical value of visual-graphical devices in legal discourse. Rhetoric, the art of persuasive communication, studies the available means to communicate with an audience in an effective, persuasive manner so as to achieve the author’s purpose in the context of a rhetorical situation. This Article joins a rapidly growing conversation on visual rhetoric—the use of graphic and pictorial imagery for effective, persuasive communication.
This Article will discuss the communicative power of visual-graphical works as rhetorical topics of invention and arrangement and tropes of style within contemporary legal rhetoric and modern argument theory. This work will ...
Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart
Nevada Supreme Court Summaries
The Court adopted an exception to the common law litigation privilege for legal malpractice and professional negligence actions. A client can pursue malpractice and professional negligence actions against an attorney, and support those actions with communications made in the course of litigation.
Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), 2014 Lincoln Memorial University - Duncan School of Law
Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman
Sydney A. Beckman
In 1917 Harry Houdini performed a single, yet incredible, illusion; “[u]nder the bright spotlights of New York’s Theatre Hippodrome, he made a live elephant disappear.” In 1983 David Copperfield made the Statue of Liberty Disappear in front of both a live and a national television audience. To be sure, neither the elephant nor Lady Liberty actually disappeared. But from the perspective of the audience they did, indeed, disappear. So which is correct? Did they, or didn’t they?
Trial Lawyers and Magicians share many of the same talents and skills. Misdirection, misinformation, selective-attention, ambiguity, verbal manipulation, body language ...
Shame, Angry Judges, And The Social Media Effect, 2014 The Catholic University of America, Columbus School of Law
Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman
Catholic University Law Review
No abstract provided.
Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, 2014 University of Richmond
Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
A discussion of how the 2012 revisions to the Model Rules of Professional Conduct affect the attorney's duties in handling email: encryption, storage, metadata, and confidentiality.
A Free Lunch In Chicago, 2014 SelectedWorks
A Free Lunch In Chicago, Curtis E.A. Karnow
Curtis E.A. Karnow
A discussion of the ethical issues implicated by judges’ acceptance of travel and related expenses when attending privately sponsored judicial education, including seminars offered by educational institutions.