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Return To Sender: Evaluating The Medical Repatriations Of Uninsured Immigrants, Caitlin O'Connell 2010 Washington University School of Law

Return To Sender: Evaluating The Medical Repatriations Of Uninsured Immigrants, Caitlin O'Connell

Washington University Law Review

No abstract provided.


Responses To The Ten Questions, Edward B. MacMahon Jr. 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Edward B. Macmahon Jr.

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Gregory S. McNeal 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Gregory S. Mcneal

William Mitchell Law Review

No abstract provided.


What Use Is The Judiciary In A Financial Crisis?, Richard D. Cudahy 2010 U.S. Court of Appeals for the Seventh Circuit

What Use Is The Judiciary In A Financial Crisis?, Richard D. Cudahy

Loyola University Chicago Law Journal

No abstract provided.


Long Road To Justice: The Illinois Supreme Court, The Illinois Attorney General, And The Parental Notice Of Abortion Act Of 1995, Paul Benjamin Linton 2010 Thomas More Society

Long Road To Justice: The Illinois Supreme Court, The Illinois Attorney General, And The Parental Notice Of Abortion Act Of 1995, Paul Benjamin Linton

Loyola University Chicago Law Journal

No abstract provided.


Answering Jurors' Questions: Next Steps In Illinois, Nancy S. Marder 2010 Chicago-Kent College of Law

Answering Jurors' Questions: Next Steps In Illinois, Nancy S. Marder

Loyola University Chicago Law Journal

No abstract provided.


Opening Statement: Persuading Without Argument, Maureen A. Howard 2010 University of Washington School of Law

Opening Statement: Persuading Without Argument, Maureen A. Howard

Articles

A basic rule of trial practice is that a lawyer cannot argue in opening statement. A lawyer who breaks this rule runs the risk of drawing an objection from opposing counsel and having it sustained by the judge. Of course, as with most rules of trial practice, a lawyer can get away with de minimus violations in most cases and wholesale disregard in cases where opposing counsel—whether as a result of inexperience, inattention or trial strategy—doesn’t object. Although simple in concept, lawyers commonly falter in practical application of the “no argument” rule in two ways: 1) failing ...


The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason 2010 Southwestern Law School

The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason

Cleveland State Law Review

In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.


Our Forgotten Founders: Reconstruction, Public Education, And Constitutional Heroism, Tom Donnelly 2010 Cleveland State University

Our Forgotten Founders: Reconstruction, Public Education, And Constitutional Heroism, Tom Donnelly

Cleveland State Law Review

In this Article, I consider the constitutional stories we tell our schoolchildren about the Founding and Reconstruction. To that end, I analyze the relevant sections of our leading high school history textbooks, focusing particularly on the consensus narratives and constitutional heroes that emerge in these accounts. This analysis is vital to more fully understanding the background assumptions that elite lawyers, political leaders, and the wider public bring to bear when they consider the meaning of the Constitution.


A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman 2010 South Texas College of Law

A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman

American University Law Review

No abstract provided.


Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz 2010 American University Washington College of Law

Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz

American University Law Review

No abstract provided.


Political Violence And The Media, Robert G. Meadow 2010 Marquette University Law School

Political Violence And The Media, Robert G. Meadow

Marquette Law Review

Violence commonly covered by mainstream news media includes socially sanctioned violence (organized prizefighting, police actions) or violence between and among societies (international terrorism, wars). Less universal, with wide variation across political cultures, is coverage of political violence. Political violence—sometimes officially sanctioned by governments seeking to remain in power and other times by competitors seeking to control government—is used to capture or maintain political power.

Political violence can take many forms, including assassinations, rebellions, guerilla wars, kidnappings, or mob violence. Violent outbreaks between legislators are also common in some political systems. Political violence such as rebellions and insurrections may ...


Eliminationist Discourse In A Conflicted Society: Lessons For America From Africa?, Phyllis E. Bernard 2010 Marquette University Law School

Eliminationist Discourse In A Conflicted Society: Lessons For America From Africa?, Phyllis E. Bernard

Marquette Law Review

For generations, Western society has taken pride in welcoming all types of discourse in the press, radio, or television; the livelier, the better. Outrage often awaits individuals or institutions suggesting that some passionate rhetoric in the public square invites danger that outweighs the theoretical value of free expression. This Article proceeds from the assumption that—from a less lofty, more grassroots perspective—modern, organized, formal, one-time venues for extremist political speech do not present the most potent threat to physical safety and a stable democracy. The greater danger emanates from pervasive right-wing extremist themes on radio, television, and some online ...


Mediating Post-Conflict Dialogue: The Media's Role In Transitional Justice Processes, Lisa J. Laplante, Kelly Phenicie 2010 Associate Professor

Mediating Post-Conflict Dialogue: The Media's Role In Transitional Justice Processes, Lisa J. Laplante, Kelly Phenicie

Marquette Law Review

For many post-conflict countries like Peru, the end of gunfire does not necessarily imply an end to internal conflict. Remaining post-conflict societal friction may even be as threatening to long-lasting peace as the war itself. This situation may be attributed, in part, to the media’s failure to adequately mediate conflicting views of a country’s history—its causes and consequences, its villains and heroes. Certainly, newspapers, radio, and television, as well as the newly emerging micromedia (e.g., e-mail) and middle media (e.g., web logs or “blogs”), reach huge audiences on a daily basis before, during, or after ...


Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita de Silva de Alwis 2010 University of Pennsylvania Law School

Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis

East Asia Law Review

No abstract available


Recent Developments: Wright V. State: The Trial Court's Method Of Voir Dire Must Allow Members Of The Venire Panel To Formulate A Response To Each Question Asked, Stephen Cornelius 2010 University of Baltimore Law

Recent Developments: Wright V. State: The Trial Court's Method Of Voir Dire Must Allow Members Of The Venire Panel To Formulate A Response To Each Question Asked, Stephen Cornelius

University of Baltimore Law Forum

No abstract provided.


Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist 2010 Barry University School of Law

Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist

Barry Law Review

The author of this article argues that drug addicts who finance their addiction through crime should be ineligible to receive a prison sentence under a recidivist statute like the three-strikes penalty. Part I introduces the problem, addiction and crime among current prisoners reported by the Department of Justice. Part II discusses Gary Ewing, an addict, a criminal, and a third strike offender. The story of Gary Ewing represents the injustices levied upon an addict/criminal by enhanced sentenced statutes like the three-strikes penalty. Part III is a discussion of the history of repeat offender statutes, primarily focusing on the inception ...


Recent Developments: Della Ratta V. Dyas: Jurisdictional Issues Relating To The Principal Office Clause Of The Maryland Corporations And Associations Article Are Avoided When, After A Hearing For Judgment On Other Issues, A Case Is Transferred To The Appropriate Jurisdiction Prior To Entry Of A Judgment On Dissolution, Shannon Laymon-Pecoraro 2010 University of Baltimore Law

Recent Developments: Della Ratta V. Dyas: Jurisdictional Issues Relating To The Principal Office Clause Of The Maryland Corporations And Associations Article Are Avoided When, After A Hearing For Judgment On Other Issues, A Case Is Transferred To The Appropriate Jurisdiction Prior To Entry Of A Judgment On Dissolution, Shannon Laymon-Pecoraro

University of Baltimore Law Forum

No abstract provided.


"Hard Strikes And Foul Blows:" Berger V. United States 75 Years After, Bennett L. Gershman 2010 Pace Law School

"Hard Strikes And Foul Blows:" Berger V. United States 75 Years After, Bennett L. Gershman

Loyola University Chicago Law Journal

No abstract provided.


The Incentives/Access Tradeoff, David W. Barnes 2010 Northwestern Pritzker School of Law

The Incentives/Access Tradeoff, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


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