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Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli Jan 1995

Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen Jul 1994

The Graying Of Products Liability Law: Paths Taken And Untaken In The New Restatement, David G. Owen

Faculty Publications

No abstract provided.


Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli Jan 1994

Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli

Faculty Publications

No abstract provided.


Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg Jan 1994

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.


Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson Apr 1993

Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson

Faculty Publications

Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …


Aids And Athletics, Matthew J. Mitten Jan 1993

Aids And Athletics, Matthew J. Mitten

Faculty Publications

No abstract provided.


“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Criminal Justice Reforms In The United States, Paul Marcus Jan 1993

Criminal Justice Reforms In The United States, Paul Marcus

Faculty Publications

No abstract provided.


Suspicionless Drug Testing After Skinner And Von Raab: Constitutional Adjudication In The Courts Of Appeals, Phoebe Weaver Williams Jan 1992

Suspicionless Drug Testing After Skinner And Von Raab: Constitutional Adjudication In The Courts Of Appeals, Phoebe Weaver Williams

Faculty Publications

No abstract provided.


Victims' Rights In California, Gerald F. Uelmen Jan 1992

Victims' Rights In California, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne Jul 1990

Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne

Faculty Publications

No abstract provided.


Emergency In The Constitutional Law Of The United States, William B. Fisch Jan 1990

Emergency In The Constitutional Law Of The United States, William B. Fisch

Faculty Publications

In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …


Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson Jan 1990

Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson

Faculty Publications

In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …


The Exclusion Of Evidence In The United States, Paul Marcus Jan 1990

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.


State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus Apr 1988

State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus

Faculty Publications

No abstract provided.


The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli Jan 1988

The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli

Faculty Publications

No abstract provided.


1987 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck Jan 1988

1987 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty. Purposely omitted are the widely reported United States Supreme Court opinions, as well as cases where the Court has granted review during the 1987-88 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.


Aids And The Law, A Guide For The Public [Book Review], Margalynne J. Armstrong Jan 1988

Aids And The Law, A Guide For The Public [Book Review], Margalynne J. Armstrong

Faculty Publications

No abstract provided.


Celebrating The Constitution: An Instructional Unit For Elementary Grades, Janet Mcclain Jan 1987

Celebrating The Constitution: An Instructional Unit For Elementary Grades, Janet Mcclain

Faculty Publications

Because attaining citizenship skills remains the principal goal of social studies; this unit was designed to highlight the founding of the U.S. Constitution and the Bill of Rights in a manner appropriate to both primary and intermediate elementary children. Each lesson includes objectives; materials; and procedures; as well as supplementary materials which may be duplicated for student use. Student awareness of the need for rules and laws is developed through the activities in lesson one. Lesson two helps students recognize reasons for settling the original 13 colonies and identify their locations. Students become informed about the events leading to independence …


Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel Jan 1987

Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel

Faculty Publications

No abstract provided.


The Law Of Confessions: Part Ii, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Law Of Confessions: Part I, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


A Constitutional Right To Home Instruction?, Neal Devins Oct 1985

A Constitutional Right To Home Instruction?, Neal Devins

Faculty Publications

No abstract provided.


Deterrence And Desert In Tort: A Comment, David G. Owen May 1985

Deterrence And Desert In Tort: A Comment, David G. Owen

Faculty Publications

No abstract provided.


Black History: African Heritage; American Heritage, Joan Duea Jan 1985

Black History: African Heritage; American Heritage, Joan Duea

Faculty Publications

Providing elementary school teachers with materials to enhance student awareness of black heritage is the goal of this unit. Each of the 10 lessons includes objectives; materials; and procedures as well as supplementary materials that may be duplicated for student use. The land and people of Africa are studied in lessons one through three. Games; folktales; and songs are used in lesson four to study African culture. Children simulate a safari to learn the different countries of Africa. Lesson five explores the journey of blacks from slavery to freedom. Black contributions to U.S. society in politics; science and industry; art; …


The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus Jan 1985

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.


Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg Oct 1984

Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli Jan 1984

U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler Jan 1984

Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler

Faculty Publications

No abstract provided.


The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart Jan 1983

The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart

Faculty Publications

No abstract provided.