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Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck

Articles

The article advocates for federal legislation to address the wrongful conviction of innocent individuals, particularly through postconviction DNA testing. It emphasizes the urgent need for legal reforms to ensure access to DNA testing for all inmates, regardless of their sentence, and highlights the importance of preserving biological evidence, providing adequate funding for competent counsel, and leveraging technological advancements in DNA testing to exonerate the innocent and improve the criminal justice system.

The Perceived Values Of Diversity, Then And Now, Peter H. Schuck

Cardozo Law Review

No abstract provided.

Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie

Cardozo Law Review

No abstract provided.

Computational Inference For Evidential Reasoning In Support Of Judicial Proof, Tod S. Levitt, Kathryn Blackmond Laskey

Cardozo Law Review

The process of judicial proof accrues evidence to confirm or deny hypotheses about world events relevant to a legal case. Software applications that seek to support this process must provide the user with sophisticated capabilities to manipulate evidential reasoning for legal cases. This requires computational techniques to represent the actors, entities, events, and context of world situations to structure alternative hypotheses interpreting evidence and to execute processes that draw inferences about the truth of hypotheses by assessing the relevance and weight of evidence to confirm or deny the hypotheses. Bayesian inference networks are combined with knowledge representations from artificial intelligence …

Reply To Professor Ehrhardt, Michael D. Sanger

University of Miami Law Review

No abstract provided.

Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr.

University of Miami Law Review

No abstract provided.

Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone

Faculty Publications

No abstract provided.

Rethink The Laws Relating To Fathers (Change: With The Decline In Married Mothers And Traditional Families, The Legal Image Of Dads Needs Re-Examination), Jane C. Murphy

All Faculty Scholarship

This "marital presumption" permitted courts to assume a set of biological facts in the name of preserving the sanctity and stability of what was assumed to be the cornerstone of a healthy society — the traditional family of husband, wife and children. In the last decades of the 20th century, science developed paternity testing with results approaching certainty. Despite the availability of DNA testing, the marital presumption is still used in many courtrooms to answer the question of who is the legal father. What one scholar has called "the law's struggle to preserve the fiction of an older moral order" …

Legal Scholarship As A Vocation, David Luban

Journal of Legal Education

No abstract provided.

The Great Lakes Charter Annex: A Supplementary Agreement To The Great Lakes Charter, Council Of Great Lakes Governors, Tom Ridge, John Engler, Scott Mccallum, Frank O'Bannon, George E. Pataki, George H. Ryan, Bob Taft, Jesse Ventura, Mike Harris, Bernard Landry

Water Law Documents

In agreeing to this Annex, the Great Lakes Governors and Premiers reaffirm their commitment to the five broad principles set forth in the Great Lakes Charter, and further reaffirm that the provisions of the Charter will continue in full force and effect. The Governors and Premiers commit to further implementing the principles of the Charter by developing an enhanced water management system that is simple, durable, efficient, retains and respects authority within the Basin, and, most importantly, protects, conserves, restores, and improves the Waters and Water-Dependent Natural Resources of the Great Lakes Basin. State and Provincial authorities should be permanent, …

Agenda: Two Decades Of Water Law And Policy Reform: A Retrospective And Agenda For The Future, University Of Colorado Boulder. Natural Resources Law Center, Hydrosphere Resource Consultants, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Patrick & Stowell, P.C., Perkins Coie Llp, The William And Flora Hewlett Foundation

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

1 v. (various pagings) ; 29 cm

"Sponsors: Hydrosphere Resource Consultants; Modrall, Sperling, Roehl, Harris & Sisk, P.A.; Patrick & Stowell, P.C.; Perkins Coie LLP; The William and Flora Hewlett Foundation."

Conference speakers, moderators and/or panelists included University of Colorado School of Law professors Gary C. Bryner, Douglas S. Kenney, Sarah Krakoff, Kathryn Mutz, David H. Getches, Lawrence J. MacDonnell and James N. Corbridge, Jr.

Includes bibliographical references

The conference will examine the agenda for reforming and improving water law that has developed during the past two decades in the West, assesses what has (and has not) been accomplished by …

Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor

International Bulletin of Political Psychology

The IBPP editor discusses the logic/rationale behind the idea that convicted terrorists facing the death penalty should neither convicted nor face said penalty given that the soldiers are (or consider themselves to be) soldiers in a war.

The Protection Of Cultural Resources On Public Lands: Federal Statutes And Regulations, Sandra Zellmer

Nebraska College of Law: Faculty Publications

The federal public lands—national forests, parks, and rangelands—are widely known for their vast natural resources: timber; range; minerals; watersheds; wildlife; and sweeping vistas of incredible beauty and diversity. No less notable are the cultural resources found on the public lands. Some of the earliest withdrawals of public lands from homesteading or other disposition occurred because of their cultural and historic importance.1 Preserving and allowing access to resources with cultural significance are critical to sustaining diverse, viable communities as well as our national, collective heritage. For American Indian people in particular, certain places, physical features, and objects on the public lands …

Junk Science, Environmental Risk, And Very Low Detection Levels In Npdes Permits , Todd B. Adams, Barry Michael Levine

Journal of Environmental and Sustainability Law

No abstract provided.

Unh Law Alumni Magazine, Spring/Summer 2001, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Conservation Or Coercion: Federal Regulation Of Intrastate Wetlands Under The Swambuster Provisions Of The Food Security Act. United States V. Dierckman, Patrick R. Douglas

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Regulation Of Nanotechnology: Some Preliminary Observations, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

A Litigator's Perspective: The Montana Tmdl Litigation, Jack R. Tuholske

Public Land & Resources Law Review

No abstract provided.

Tmdls At A Crossroads: Driven By Litigation, Derailed By Controversy?, Nina Bell

Public Land & Resources Law Review

No abstract provided.

Virtual Mothers And The Meaning Of Parenthood, Annette Ruth Appell

University of Michigan Journal of Law Reform

Professor Appell supports the use of the traditional parental rights doctrine, which accords biological parents, particularly mothers, parental status alienable only voluntarily or upon proof of unfitness. She defends the doctrine against the criticisms that it is regressive and does not protect the interests of children or de facto parents. She contends that the attacks on traditional parental rights doctrine are misguided because they work to the disadvantage of families who do not easily fit the dominant norm-minority, single-mother, lower income, or politically and legally under-represented families. After examining the constitutional underpinnings and application of the parental rights doctrine as …

Lochner Redeemed: Family Privacy After Troxel And Carhart, David D. Meyer

Faculty Scholarship

No abstract provided.

Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow

Missouri Law Review

This Article re-examines the landmark cases comprising the backbone of the family privacy doctrine and discloses, within the folds of their rhetoric of individual liberty, a policy of privacy promoting nuclear families. The re-examination of the landmark cases in Part II demonstrates that the policy of family privacy is to foster the creation and longevity of traditional, nuclear families. Part II illustrates how this policy has become more clearly articulated over time through the Court’s restrictive interpretation of fundamental rights and its recent decision in Troxel v. Granville, the much-awaited ruling on grandparental visitation rights. In Part III, this Article …

The Racial And Cultural Profiling Of Asian Americans: A Review Of Contemporary Asian America: A Multidisciplinary Reader By Min Zhou & James V. Gatewood, Eds. Temple University Press, 2000. Pp. 657., Harvey Gee

Seton Hall Constitutional Law Journal

No abstract provided.

156th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

156th University of Notre Dame Commencement and Mass Program including Law School awards

Where The Wild Wind Blows: Genetically Altered Seed And Neighboring Farmers, Jill Sudduth

Duke Law & Technology Review

In March 2001, agro-business giant Monsanto won a victory in Canadian Federal Court over Saskatchewan farmer Percy Schmeiser. This case sets international precedent for appropriated seed cases and illustrates the primary concerns American courts must face as they consider Monsanto's prosecution of 22 cases against American farmers.

Ndls Update 05/2001-06/2001, Notre Dame Law School

NDLS Update

No abstract provided.

Gay Marriages And Civil Unions: Democracy, The Judiciary And Discursive Space In The Liberal Society, Mae Kuykendall

Mercer Law Review

The various states have given provisional answers to the socially volatile quest by gay couples for legal recognition of their relationships as marriage. The provisional quality of the policy-making is related to the status of the language of marriage as a contested site. The language evolves, but pressure exists to stall public acknowledgment of changes in descriptors for basic relationships. The prominence of language as itself a matter of dispute gives new and broadened meaning to classic arguments defending the judicial role on the grounds that courts function well to advance public discourse, particularly if they do not impose final …

Phoenix From The Ashes—The 1999 Pacific Salmon Agreement, Sims G. Weymuller

Washington International Law Journal

The United States and Canada have found a solution to their century long "salmon war" over how many salmon can be taken by each side's fishing fleets from the once-bountiful Pacific salmon runs. Each country felt entitled to an "equitable" portion of the salmon, but no agreed means existed to calculate the shares. Canada felt that the prodigious U.S. fleet often caught more than its share. Substantial peace first came under the 1985 Pacific Salmon Treaty, but dwindling salmon populations, the expiration of the original management regimes, and flaws in those regimes threatened to doom the 1985 Treaty by the …

Legal Accountability In An Era Of Privatized Welfare, Michele E. Gilman

All Faculty Scholarship

When the federal welfare system was reformed in 1996, Congress devolved much of the authority over welfare delivery to the states and gave them the option of contracting out administration of their programs to private entities. Moreover, after welfare reform, enacted as the Personal Responsibility and Work Opportunity Reconciliation Act (PRA), welfare recipients are expected to work to receive benefits. This means that front-line workers must engage in intensive interpersonal counseling rather than simply confirm objective eligibility criteria and dispense checks. As a result, front-line workers have vastly increased discretion. When privatization is layered over this discretionary scheme, issues of …

Not Interaction But Melding—The "Russian Dressing" Theory Of Emotions: An Explanation Of The Phenomenology Of Emotions And Rationality With Suggested Related Maxims For Judges And Other Legal Decision Makers, Peter Brandon Bayer

Mercer Law Review

Even after centuries of contrary philosophy and psychology, many commentators, jurisprudes, and law makers insist that emotions have no legitimate place in most legal decision making. This recalcitrance, of course, is misplaced in light of the powerful body of theory explaining that without emotions, decisions, including matters of law and policy, simply cannot be made. Judges, along with all societal actors, must disabuse themselves of the fallacious belief that emotions obstruct or obscure reason in all endeavors, particularly morality, law, and justice.

The project of truly apprehending emotions, however, requires more than appreciating that they play a crucial role in …