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Articles 811 - 840 of 1378
Full-Text Articles in Entire DC Network
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
Articles
This essay first addresses the ethical and evidentiary standards for the emerging use of high-tech computer-generated animations and computer-assisted closing arguments. Next, this essay considers the same questions within the context of forensic DNA evidence. Third, this essay considers the ethics of prosecutors' use of such evidence and the consequences for the misuse of this evidence. Finally, this essay suggests remedies to ethical problems facing prosecutors in their use of this kind of evidence.
The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen
The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen
Articles
This article begins with an examination of the intelligence needs of those engaged in maritime counterproliferation efforts. It then turns to risk-management decision making under conditions of uncertainty, focusing on decisions at the operational level and exploring the question of whether decision strategies in the WMD context should seek to minimize false-negative or false-positive errors. It concludes that even vastly improved maritime intelligence will not obviate the need for national and operational commanders to make decisions under conditions of uncertainty and that such decisions should be made on the basis of established risk-assessment and management principles. At the same time, …
Innocence, Race, And The Death Penalty, Barry Scheck
Innocence, Race, And The Death Penalty, Barry Scheck
Articles
The article argues that the death penalty in the United States is deeply flawed due to systemic issues such as wrongful convictions, racial disparities, and procedural failures. It emphasizes the critical role of DNA exonerations in revealing these injustices and advocates for reforms to address the root causes of wrongful convictions, including inadequate legal representation and flawed forensic science. The article also highlights the moral and financial costs of capital punishment, urging its abolition.
Law Enforcement In Subordinated Communities: Innovation And Response 2008 Survey Of Books Related To The Law - Policing And Race, Richard Delgado
Law Enforcement In Subordinated Communities: Innovation And Response 2008 Survey Of Books Related To The Law - Policing And Race, Richard Delgado
Articles
No abstract provided.
Looking At The Overlooked: Portraits Of Law School Deans, Peter Goodrich
Looking At The Overlooked: Portraits Of Law School Deans, Peter Goodrich
Articles
The article examines the role of portraits in law schools, arguing that these images are not merely decorative but serve as powerful symbols that shape institutional identity and the legal profession. Despite their ubiquity, these portraits are often overlooked, yet they function as megalographs, inscribing and disseminating the values, history, and authority of the institution. The author contends that these visual elements play a crucial role in the formation of legal identity and the symbolic order of law schools.
Exploding The Class Action Agency Costs Myth: The Social Utility Of Entrepreneurial Lawyers, Myriam E. Gilles, Gary B. Friedman
Exploding The Class Action Agency Costs Myth: The Social Utility Of Entrepreneurial Lawyers, Myriam E. Gilles, Gary B. Friedman
Articles
In this article, we challenge the traditional view that entrepreneurial plaintiffs' class action lawyers operating entirely according to their own economic self-interest serve no social utility, or worse yet, tremendous disutility. In seeking to counter this notion, we try to show that the agency costs problem long derided in class action practice is overblown: in the majority of small-claims class actions, there is no legitimate reason to care whether class members are being undercompensated (or compensated at all), nor any reason to worry that entrepreneurial lawyers are being overcompensated. Rather, we assert that the driving force behind class action practice …
Youth, Governance And The City: Towards A Critical Urban Sociology Of Youth Crime And Disorder Prevention, Matt Bowden
Youth, Governance And The City: Towards A Critical Urban Sociology Of Youth Crime And Disorder Prevention, Matt Bowden
Articles
This article considers the historical and spatial context for the emergence of youth crime and disorder prevention initiatives in Ireland. These initiatives have to be understood in the context of their relationship to the broader ‘urban question’ and in particular the relationship of the peripheral housing estate to the rest of society and the economic sphere. More recent changes in the nature of society and the emergence of a ‘liberal creed’ have resulted in greater use of surveillance technologies for offsetting the opportunities for crime to be committed. In this context, youth crime prevention initiatives must be seen as an …
Allocution And The Purposes Of Victim Participation Under The Cvra, Richard A. Bierschbach
Allocution And The Purposes Of Victim Participation Under The Cvra, Richard A. Bierschbach
Articles
The article examines the interpretive challenges surrounding Section 3771(a)(4) of the Crime Victims' Rights Act (CVRA) of 2004, which grants victims the right to be "reasonably heard" in certain court proceedings. The CVRA aims to integrate victims into the criminal justice system, but its ambiguous language has led to conflicting court interpretations, particularly regarding whether victims have an absolute right to speak at sentencing. The article explores the legislative intent, purposes behind the provision, and the effectiveness of victim participation mechanisms, ultimately advocating for clearer policy guidance to address these ambiguities.
Trial And Error: The Supreme Court's Philosophy Of Science, Susan Haack
Trial And Error: The Supreme Court's Philosophy Of Science, Susan Haack
Articles
No abstract provided.
Making America "The Land Of Second Chances": Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele Stewart
Making America "The Land Of Second Chances": Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele Stewart
Articles
No abstract provided.
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Articles
No abstract provided.
Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler
Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler
Articles
No abstract provided.
Our Ignorance About Intelligence, Richard A. Epstein
Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule
Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
Celebrating Great Lawyering (Reviewing Welsh S. White, Litigating In The Shadow Of Death: Defense Attorneys In Capital Cases, By Welsh S. White (2006)), Albert W. Alschuler
Celebrating Great Lawyering (Reviewing Welsh S. White, Litigating In The Shadow Of Death: Defense Attorneys In Capital Cases, By Welsh S. White (2006)), Albert W. Alschuler
Articles
No abstract provided.
Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig
Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig
Articles
In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than twenty years later, the three most populous cities in the United States-New York, Chicago, and, most recently, Los Angeles-have all adopted at least some aspect of Wilson and Kelling's theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the …
Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie
Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie
Articles
No abstract provided.
Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton
Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton
Articles
No abstract provided.
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
Articles
Richard Falk famously argued that domestic courts should operate as "agents of the international order."1 Recent academic debates over the role of international law in the U.S. legal system, and over the relevance of foreign and international materials in U.S. constitutional interpretation, are at least in part debates about this proposition. Modern variants of Falk's claim can be found in the works of scholars such as Harold Koh, Jennifer Martinez, and Anne-Marie Slaughter.2 These and other "internationalist" scholars consider the U.S. judiciary as part of a "global community of courts,"emphasize the values of international cross-fertilization and harmonization, and …
Comparative Domestic Constitutionalism: Rethinking Criminal Procedure Using The Administrative Constitution, John Rappaport
Comparative Domestic Constitutionalism: Rethinking Criminal Procedure Using The Administrative Constitution, John Rappaport
Articles
No abstract provided.
Purposes And Functions Of Sentencing, Michael Tonry
Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams
Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams
Articles
Alex M. Johnson, Jr., the ninth dean of the University of Minnesota Law School, served with honor and distinction from 2002 to 2006. He leaves a legacy of achievement consistent with the tireless drive, ambitious goal setting, and adaptation to change that marked his career before ascending to the position of Dean at the Law School. Receiving his early education in the public schools of Los Angeles, Mr. Johnson began his undergraduate education at Princeton University and then transferred to Claremont College in 1973. He remained in Los Angeles for law school, earning his law degree at the University of …
Goliath Has The Slingshot: Public Benefit And Private Enforcement Of Minnesota Consumer Protection Laws, Prentiss Cox
Goliath Has The Slingshot: Public Benefit And Private Enforcement Of Minnesota Consumer Protection Laws, Prentiss Cox
Articles
The phrase "consumer protection case" may conjure up a used-car buyer trying to get recompense for a vehicle that turned out to be less than promised, or an elderly homeowner victimized by predatory lending tactics trying to maintain possession of her home. In August 2000, the private right of action to enforce Minnesota consumer protection laws was held to be something entirely different. After the Minnesota Supreme Court's decision in Ly v. Nystrom, 1 a business complaining about a competitor's advertising is more likely to have available a private right of action to enforce these laws than either the frustrated …
A Law And Economics Perspective On Terrorism, Francesco Parisi, Nuno Garoupa, Jonathan Klick
A Law And Economics Perspective On Terrorism, Francesco Parisi, Nuno Garoupa, Jonathan Klick
Articles
This paper reviews the existing law and economics literature on crime, noting where various models might apply to the terror context. Specifically, it focuses on two strands of the literature, deterrence and incapacitation. It considers anti-terror measures enacted by different countries, highlighting how the details of the laws correspond to the insights from economic models of crime. In conclusion, the paper proposes an efficient sorting mechanism in which individuals will be provided with incentives to reveal their type to law enforcement authorities.
Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin
Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin
Articles
At the heart of transitional justice discourse is an ongoing conversation about accountability for human rights violations that occur in a context of regime repression or violent conflict. That accountability dialogue has generally been preoccupied with attempts to define the forms of political violence that should be addressed by various formal and informal mechanisms, such as trials and other truth-seeking processes. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context.
Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos
Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos
Articles
A conventional reading of United States Supreme Court rulings on the right to counsel in civil cases would conclude that petitioners in protective order proceedings would have no right to appointed counsel. This article challenges this view and shows how Supreme Court jurisprudence, in fact, supports the conclusion that due process requires victims of domestic violence to have the benefit of appointed counsel.
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
Articles
No abstract provided.
George P. Fletcher And Steve Sheppard, American Law In A Global Context: The Basics. Oxford And New York, Oxford University Press 2005 (Book Review), Janet Stearns
Articles
No abstract provided.
Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort
Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort
Articles
Legal scholars have long debated the efficacy and necessity of videotaping investigative interviews with children when allegations of child sexual abuse have surfaced. This debate has been advanced from the perspectives of adversaries in the criminal justice system, prosecutors and defense advocates. Absent from this debate has been the perspective of the broader community. This debate has failed to consider how other investigative tools might be used in conjunction with videotaping to advance the interests of the community. Moreover, the debate about videotaping has taken place with little actual data. This Article seeks to accomplish two goals. First, it seeks …
Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro
Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro
Articles
This report examines the underlying conditions that cause women like Rodi to flee their home countries and seek protection elsewhere. The report starts with a description of the circumstances that led Rodi to leave Guatemala. It then analyzes the widespread violence against and murders of women in Guatemala, specifically focusing on the number of murders, the victims, the brutality of the crimes, the context in which they occur, and the theories behind the murders. It next looks to the aspects of the Guatemalan legal and judicial systems that render women vulnerable to violence and then fail to protect them. It …