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When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan Oct 2004

When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan

Duke Law Journal

No abstract provided.


Just Do It, Girardeau A. Spann Jul 2004

Just Do It, Girardeau A. Spann

Law and Contemporary Problems

No abstract provided.


Left Out, Louis Michael Seidman Jul 2004

Left Out, Louis Michael Seidman

Law and Contemporary Problems

Seidman presents information on the collapse of the progressive left's position on criminal justice. The faltering of the left in this area is due to inherent contradictions in their position which have weakened their stance overall.


Vawa’S Unfinished Business: The Immigrant Women Who Fall Through The Cracks, Sarah M. Wood Apr 2004

Vawa’S Unfinished Business: The Immigrant Women Who Fall Through The Cracks, Sarah M. Wood

Duke Journal of Gender Law & Policy

No abstract provided.


Next Friend Standing And The War On Terror, Caroline Nasrallah Belk Apr 2004

Next Friend Standing And The War On Terror, Caroline Nasrallah Belk

Duke Law Journal

No abstract provided.


Commons Ignorance: The Failure Of Environmental Law To Produce Needed Information On Health And The Environment, Wendy E. Wagner Apr 2004

Commons Ignorance: The Failure Of Environmental Law To Produce Needed Information On Health And The Environment, Wendy E. Wagner

Duke Law Journal

One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this Article argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing. Both theory and practice confirm that when the stakes …


Color/Identity/Justice: Chicano Trials, Anthony V. Alfieri Mar 2004

Color/Identity/Justice: Chicano Trials, Anthony V. Alfieri

Duke Law Journal

No abstract provided.


Evidence Tampering, Chris William Sanchirico Feb 2004

Evidence Tampering, Chris William Sanchirico

Duke Law Journal

Current writing on "evidence tampering"--inclusive of the destruction, fabrication, and suppression of evidence--creates the impression that our system of litigation is in a state of fundamental disrepair. This Article suggests that this perception may merely reflect defects in the conventional view of trial's purpose. The conventional view sees trial as a stand-alone device for uncovering microhistorical truths about what has already come to pass. In contrast, this Article advocates viewing trial as but one component of the overall mechanism by which the legal system influences everyday behavior. When trial is viewed less in terms of discerning past events, and more …


Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr. Jan 2004

Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr.

Faculty Scholarship

No abstract provided.


Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr. Jan 2004

Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.

Faculty Scholarship

No abstract provided.


What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat Jan 2004

What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat

Faculty Scholarship

Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.


On Military Commissions, Scott L. Silliman Jan 2004

On Military Commissions, Scott L. Silliman

Faculty Scholarship

With pretrial hearings for several detainees underway at Guantanamo Bay, and the prospect for full trials before military commissions1 starting either late this year or early in 2005, this little understood option for prosecuting terrorists has become the focus of intense debate within this country and abroad, even becoming an election year issue for the presidential contenders. Many have suggested that the military commission procedures should have grafted in more of the due process protections afforded in courts-martial under the Uniform Code of Military Justice, the criminal justice system created by Congress to govern the conduct of our own service …


The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde Dec 2003

The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde

Alaska Law Review

No abstract provided.


Alaska’S Dna Database: The Statute, Its Problems, And Proposed Solutions, Marika R. Athens, Alyssa A. Rower Dec 2003

Alaska’S Dna Database: The Statute, Its Problems, And Proposed Solutions, Marika R. Athens, Alyssa A. Rower

Alaska Law Review

No abstract provided.


Justification And Excuse, Law And Morality, Mitchell N. Berman Oct 2003

Justification And Excuse, Law And Morality, Mitchell N. Berman

Duke Law Journal

Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near-consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs and …


Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence Jul 2003

Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence

Law and Contemporary Problems

No abstract provided.


Foreword: The Political Geography Of Race Data In The Criminal Justice System, Andrew E. Taslitz Jul 2003

Foreword: The Political Geography Of Race Data In The Criminal Justice System, Andrew E. Taslitz

Law and Contemporary Problems

Several months ago, there was a heated discussion on CrimProf, the listserv for criminal law professors, about the disproportionate representation of minorities in the criminal justice system. Few participants in this online discussion contested the reality that racial and ethnic minorities, especially African Americans, make up a far larger percentage of those arrested and incarcerated than should be expected from their percentage of the country's total population.


Study Habits: Probing Modern Attempts To Assess Minority Offender Disproportionality, Sharon L. Davies Jul 2003

Study Habits: Probing Modern Attempts To Assess Minority Offender Disproportionality, Sharon L. Davies

Law and Contemporary Problems

Oregon, Washington and Utah have recently taken empirical steps to assess the extent to which minorities are overrepresented in their respective criminal justice systems and to seek out the root causes of any overrepresentation observed. Davies contrasts and critiques the disparate analytical approaches utilized by these states and offers some thoughts about how people might improve the chances of success of future similar efforts.


The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris Jul 2003

The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris

Law and Contemporary Problems

Criminologists have long debated the presence of racial disparity at various places in the criminal justice system, from initial on-the-street encounters between citizens and police officers to the sentencing behavior of judges. What is new is the use of statistics designed to persuade the public, and not just other academics and researchers, that grave racial disparities exist in the system, and that these disparities necessitate significant policy changes.


From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt Jul 2003

From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt

Law and Contemporary Problems

Harcourt discusses three developments in 20th century criminal law: the evolution of parole board decision-making in the early 20th century, the development of fixed sentencing guidelines in the late 20th century, and the growth of criminal profiling as a formal law enforcement tool since the 1960s. In each of these case studies, he focuses on the criminal law decision-making.


Drug Wars In Black And White, Joseph E. Kennedy Jul 2003

Drug Wars In Black And White, Joseph E. Kennedy

Law and Contemporary Problems

The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.


Race, Crime, And Institutional Design, Erik Luna Jul 2003

Race, Crime, And Institutional Design, Erik Luna

Law and Contemporary Problems

Minorities are gravely overrepresented in every stage of the criminal process--from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. While racial data can provide a snapshot of the current state of affairs, such information rarely satisfies questions of causation, and usually only sets the scene for normative theory.


Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz Jul 2003

Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz

Law and Contemporary Problems

Taslitz discusses the current practice of racial auditing as a method of police regulation. Racial auditing relies on the strategy of using independent investigators to disseminate data about an organization to broader publics. Racial auditors, however, are not accountants but rather human rights organizations.


Everything Old Is New Again: A Foreword To The Tenth Anniversary Edition Of The Duke Journal Of Gender Law & Policy, Cheryl Hanna Jul 2003

Everything Old Is New Again: A Foreword To The Tenth Anniversary Edition Of The Duke Journal Of Gender Law & Policy, Cheryl Hanna

Duke Journal of Gender Law & Policy

No abstract provided.


Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno Jul 2003

Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno

Duke Journal of Gender Law & Policy

No abstract provided.


The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb Jul 2003

The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb

Duke Journal of Gender Law & Policy

No abstract provided.


Women Who Kill Their Children: Case Study And Conclusions Concerning The Differences In The Fall From Material Grace By Khoua Her And Andrea Yates, Jayne Huckerby Jul 2003

Women Who Kill Their Children: Case Study And Conclusions Concerning The Differences In The Fall From Material Grace By Khoua Her And Andrea Yates, Jayne Huckerby

Duke Journal of Gender Law & Policy

No abstract provided.


Expert Evidence And Its Impact On Juror’S Decisions In Homicide Trials Involving Battered Women, Regina A. Schuller Jul 2003

Expert Evidence And Its Impact On Juror’S Decisions In Homicide Trials Involving Battered Women, Regina A. Schuller

Duke Journal of Gender Law & Policy

No abstract provided.


Quid Without A Quo: Harassment Law Changes Its Terminology Without Changing Its Meaning, Joel Israel Jul 2003

Quid Without A Quo: Harassment Law Changes Its Terminology Without Changing Its Meaning, Joel Israel

Duke Journal of Gender Law & Policy

No abstract provided.


Judicial Selection In Alaska: Justifications And Proposed Courses Of Reform, Tillman J. Finley Jun 2003

Judicial Selection In Alaska: Justifications And Proposed Courses Of Reform, Tillman J. Finley

Alaska Law Review

No abstract provided.