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Secrecy In Settlements: A Counterpoint, Melissa L. Greipp, J. Ric Gass, Thomas K. Mullins Jan 2003

Secrecy In Settlements: A Counterpoint, Melissa L. Greipp, J. Ric Gass, Thomas K. Mullins

Faculty Publications

No abstract provided.

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Discussing The First Amendment , Christina E. Wells Jan 2003

Discussing The First Amendment , Christina E. Wells

Faculty Publications

Despite its many good qualities, Eternally Vigilant nevertheless suffers from a flaw common to First Amendment scholarship--a tendency to give short shrift to study of the social, psychological, historical, and political factors that influence the Court's decision making and, thus, free speech doctrine. Discussion including these influences would facilitate an even greater understanding of free speech doctrine and the principles that underlie it.

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Constitutional Remedies For Statutory Violations, David Sloss Jan 2003

Constitutional Remedies For Statutory Violations, David Sloss

Faculty Publications

No abstract provided.

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Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans Jan 2003

Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans

Faculty Publications

In 1998, the National Institute of Justice awarded a grant to the National Center for State Courts ("NCSC") to examine the frequency and various causes of hung juries. One of the factors that the NCSC project staff investigated was jurors' perceptions of the fairness of the law they were asked to apply in felony trials as well as jury and case characteristics that are often associated with jury nullification. The project also asked judges and other court actors to rate the strength of the evidence in the case. Thus, the project enabled researchers to examine jurors' views, the evidence, and …

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Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius Jan 2003

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …

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The Supreme Court Sets The Standard: Drug Testing At The Interscholastic Level, Paul M. Anderson Jan 2003

The Supreme Court Sets The Standard: Drug Testing At The Interscholastic Level, Paul M. Anderson

Faculty Publications

No abstract provided.

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Josep Pujiula I Vila, Jo Farb Hernandez Oct 2002

Josep Pujiula I Vila, Jo Farb Hernandez

Faculty Publications

No abstract provided.

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To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne Oct 2002

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne

Faculty Publications

No abstract provided.

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Are Hung Juries A Problem?, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman Sep 2002

Are Hung Juries A Problem?, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Faculty Publications

Providing an empirical picture of hung juries was the principal objective for this 4-year study by the National Center for State Courts (NCSC) with funding by the National Institute of Justice (NIJ). The research methodology was envisioned as a two-phase process. In the first phase, the NCSC proposed to conduct a broad-based survey of hung jury rates in state and federal courts while the second phase consisted of an in-depth examination of jury behavior in 10 jurisdictions to compare case and jury characteristics in felony trials that result in a verdict to those that result in jury deadlock. The types …

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Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson Apr 2002

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Publications

This article discusses the appropriate standard of review a federal habeas court should use to review a state-court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This article argues that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the conclusion that …

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The New Politics Of Sentencing, Michael M. O'Hear Jan 2002

The New Politics Of Sentencing, Michael M. O'Hear

Faculty Publications

No abstract provided.

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When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear Jan 2002

When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear

Faculty Publications

No abstract provided.

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Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino Jan 2002

Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

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Note, A Rule Unfit For All Seasons: Monitoring Of Attorney-Client Communication Violates Privilege And The Sixth Amendment, Avidan Y. Cover Jan 2002

Note, A Rule Unfit For All Seasons: Monitoring Of Attorney-Client Communication Violates Privilege And The Sixth Amendment, Avidan Y. Cover

Faculty Publications

No abstract provided.

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Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik Jan 2002

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

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Speaking Rights: Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman Jan 2002

Speaking Rights: Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Faculty Publications

The Arizona Supreme Court endorsed the objective that jury trials "allow for a more demo­cratic juror experience" and "are more educational and less adversarial" and urged judges and trial attorneys to be "open to doing some old things in new ways, to be more receptive to the jurors' needs to learn better and to actively par­ticipate to a greater degree in the fact-finding process. Acting on 55 recommendations of its Committee on the More Effective Use of Juries, the court enacted new rules. But one reform--permitting jurors in civil cases to discuss the evidence among themselves before final delib­erations--proved to …

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An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein Jan 2002

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero Oct 2001

Effective Community Policing Performance Measures, Geoffrey P. Alpert, Daniel Flynn, Alex R. Piquero

Faculty Publications

As the philosophy of policing moves from a traditional to a community-oriented approach, performance measures must shift as well. Unlike the typical police performance measures of arrest and crime rates found in traditional police philosophies, community-oriented policing performance measures are more general and tend to measure the extent to which police affect the quality of life in the communities they serve as well as the problems they solve. This manuscript begins the process of developing effective community policing performance measures and presents three case studies through which objectives and performance measures are conceptualized.

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Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein Oct 2001

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

Faculty Publications

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

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When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud Jul 2001

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Faculty Publications

No abstract provided.

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Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott Jan 2001

Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott

Faculty Publications

Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …

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The Emerging Law Of Race And Student Assignment Plans, John Charles Boger, Elizabeth Jean Bower Jan 2001

The Emerging Law Of Race And Student Assignment Plans, John Charles Boger, Elizabeth Jean Bower

Faculty Publications

No abstract provided.

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The Future Of Educational Diversity: Old Decrees, New Challenges, John Charles Boger, Elizabeth Jean Bower Jan 2001

The Future Of Educational Diversity: Old Decrees, New Challenges, John Charles Boger, Elizabeth Jean Bower

Faculty Publications

No abstract provided.

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Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman Jan 2001

Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman

Faculty Publications

No abstract provided.

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Police Accountability And Early Warning Systems: Developing Policies And Programs, Geoffrey P. Alpert, Samuel Walker Oct 2000

Police Accountability And Early Warning Systems: Developing Policies And Programs, Geoffrey P. Alpert, Samuel Walker

Faculty Publications

The identification of police officers who have potential problems has emerged as a popular approach for curbing police misconduct and achieving accountability. Early warning (EW) systems are data-driven programs whose purpose is to identify officers whose behavior is problematic and to subject those officers to some kind of intervention, often in the form of counseling or training. Because of their potential for providing timely data on officer performance and giving police managers a framework for correcting unacceptable performance, early warning systems are consistent with the new demands for performance evaluation raised by community policing and the effective strategic management of …

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Affirmative Actions, William W. Van Alstyne Oct 2000

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.

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May Private Individuals Sue A State That Establishes English-Only Policies?, Jay E. Grenig Jan 2000

May Private Individuals Sue A State That Establishes English-Only Policies?, Jay E. Grenig

Faculty Publications

No abstract provided.

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Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri Jan 2000

Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri

Faculty Publications

The recent national efforts at reforming the welfare system and new research on the connection between teen pregnancy and statutory rape have led many states to enact stricter laws against statutory rape and to increase the enforcement of existing laws. Punitive statutory rape laws are being viewed more and more as a mechanism for shrinking the welfare rolls by reducing teen pregnancy. Rigel Oliveri documents the resurgence of statutory rape law and enforcement and explores the ramifications it will have on teen parents. In particular, Oliveri approaches the issue from several analytical frameworks, discussing arguments for consent-based standards, the privacy …

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Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate Jan 2000

Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate

Faculty Publications

"Get tough" control policies in the United States are often portrayed as the reflection of the public's will: Americans are punitive and want offenders locked up. Research from the past decade both reinforces and challenges this assessment. The public clearly accepts, if not prefers, a range of punitive policies (e.g., capital punishment, three-strikes-and-you're-out laws, imprisonment). But support for get-tough policies is "mushy." Thus citizens may be willing to substitute a sentence of life imprisonment without parole for the death penalty. Especially when nonviolent offenders are involved, there is substantial support for intermediate sanctions and for restorative justice. Despite three decades …

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Handling Hot Potatoes: Judicial Review Of California Initiatives After Senate V. Jones, Gerald F. Uelmen Jan 2000

Handling Hot Potatoes: Judicial Review Of California Initiatives After Senate V. Jones, Gerald F. Uelmen

Faculty Publications

No abstract provided.

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