Digital Commons Network^™

Women, The Law, And Cults: Three Avenues Of Legal Recourse: New Rape Laws, Violence Against Women Act, And Antistalking Laws, Robin A. Boyle

Faculty Publications

The author examines three avenues of legal recourse that are available to society at large, but may not be well-known to women in cults, their families, and their potential mental health providers. These avenues for recourse are improved rape laws now available in every state; recently-enacted federal legislation -- the 1994 Violence Against Women Act; and recently-enacted state and federal antistalking laws. The author developed this article from her speech delivered at the annual American Family Foundation conference on May 30, 1997, in Philadelphia, PA.

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Faculty Publications

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.

How Judges View Civil Juries, Paula Hannaford-Agor, B. Michael Dann, G. Thomas Munsterman

Faculty Publications

In any given case, the judge's view of the jury may mani­fest itself as a complex and subtle mixture of respect, gratitude, con­cern, pride, impatience, and even frustration. But more revealing than what judges say about juries is what judges do to prepare jurors for their roles in civil cases. This paper explores the various indicators of judges' views of the civil jury, including the social and institutional factors and contemporary jury reform efforts that affect judges' views about the civil jury.

This abstract has been taken from the authors' introduction.

Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao

Faculty Publications

No abstract provided.

Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli

Faculty Publications

No abstract provided.

Introduction: Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System, Lewis R. Katz

Faculty Publications

Introduction to the Introduction Symposium: Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule in the Modern Criminal Justice System, Cleveland, Ohio, 2007.

Mapp After Forty Years: Its Impact On Race In America, Lewis R. Katz

Faculty Publications

No abstract provided.

United States V. Ross: Evolving Standards For Warrantless Searches, Lewis R. Katz

Faculty Publications

The purpose of this Article is to examine the Ross decision and its implications for related fourth amendment areas. It will also discuss the automobile exception, the broad scope of warrantless searches, and the possible emergence of a public place-proba

Reflections On Search And Seizure And Illegally Seized Evidence In Canada And The United States, Lewis R. Katz

Faculty Publications

No abstract provided.

Gideon's Trumpet: Mournful And Muffled, Lewis R. Katz

Faculty Publications

The scope of this article is four-fold: (1) a description of the principal methods used to provide legal assistance to persons charged with criminal offenses; (2) a discussion of when legal assistance is constitutionally required and actually needed; (3)

Municipal Courts--Another Urban Ill, Lewis R. Katz

Faculty Publications

No abstract provided.

Tyrannous Lex, Thomas E. Baker

Faculty Publications

Professor Baker presents a fundamentally unique question. Including all of the legal opinions, statutes and administrative rules, how much law do we have? Is there way to calculate a “Gross Legal Product” for the United States and what effect does this “GLP” have on the U.S. economy? What about all of the secondary legal sources? What do they add, if anything, to our ability to understand all of the law that is constantly being produced? All these and more are the subject of Professor Baker’s article.

Is A Prosecutor Who Gives Sworn, But False, Statements To Obtain An Arrest Warrant Entitled To Absolute Immunity From Suit?, J. Gordon Hylton

Faculty Publications

No abstract provided.

Remorse, Cooperation, And "Acceptance Of Responsibility": The Structure, Implementation, And Reform Of Section 3e1.1 Of The Federal Sentencing Guidelines, Michael M. O'Hear

Faculty Publications

No abstract provided.

Terry V. Ohio At Thirty: A Revisionist View, Lewis R. Katz

Faculty Publications

In this Article, I suggest that, while the Warren Court provided a needed tool to police, it failed to achieve its stated purpose of tying the practice to the Fourth Amendment reasonableness standard. First, the Court failed to adequately define an "investigatory stop," leading later courts to harden the definition, eliminating the Fourth Amendment from most on-the-street police-citizen encounters. Second, the facts in Terry failed to meet the reasonableness standard Chief Justice Warren purported to apply and which subsequently has been further weakened in later cases. Finally, the decision in Terry failed to strike a meaningful Fourth Amendment balance between …

Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld

Faculty Publications

This Article examines McNamara's "confession" and the public response to it within the context of an American tradition of confession in law and literature. Part I traces that tradition to the criminal conversion narratives and gallows speeches of colonial New England. Puritan society had clear expectations of what it took to make a good confession, and the Article identifies these rules for confession. It also examines the functions of confession in that society and argues that these confessions had several social consequences, including easing the consciences of those implicated in the criminal's punishment; bolstering civil and religious authority; warning the …

Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan

Faculty Publications

Most legal educators reject the premise that the primary mission of the law school is to train law students to practice law. Rather, most law professors claim that their primary function is to teach students to think like lawyers. To many commentators, however, the academic community's antipractice attitude has spawned an unhealthy dichotomy between theory and practice, a division within the academic community, and a chasm between law schools and the practicing bar. Moreover, this dissonance or gap between law school and practice significantly contributes to the fact that most law graduates are substantially unprepared to function as lawyers when …

The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf

Faculty Publications

In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …

The Politics Of Establishing An International Criminal Court, Michael P. Scharf

Faculty Publications

Any substantive evaluation of the plan for an international criminal court requires first an understanding of the political currents that underlie the competing proposals. This piece briefly explores the politics of creating a permanent international criminal court. In particular, this comment examines three related issues: (1) the need for an international criminal court, (2) the political obstacles involved in creating such an institution, and (3) the prospects for success in light of these obstacles.

Otto Kaus And The Crocodile, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Faculty Publications

No abstract provided.

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Sistema Da Justiça Criminal Nos Estados Unidos Da América Uma Visāo Resumida, Paul Marcus

Faculty Publications

No abstract provided.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Section 10(B) And The Vagaries Of Federal Common Law: The Merits Of Codifying The Private Cause Of Action Under A Structuralist Approach, Edward A. Fallone

Faculty Publications

Few issues in the field of securities law have proved as controversial as the legitimacy and proper application of the implied private cause of action for securities fraud under Section 10(b) of the Securities Exchange Act of 1934 and its regulatory counterpart, Rule 10b-5. The Private Securities Litigation Reform Act of 1995 was expected by many observers to bring about sweeping changes in the implied private cause of action, which critics charge has been abused by overzealous litigants bringing frivolous lawsuits. In his timely article, Professor Fallone argues that most of the Private Securities Litigation Reform Act's changes to the …

Private Financing Of Criminal Prosecutions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy

Faculty Publications

No abstract provided.

A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii

Faculty Publications

My objective here is threefold: (1) to explain these ethical rules and demonstrate how each is in conflict with longstanding principles of federal criminal law; (2) to explain why these rules are illegitimate, both as rules of ethics and as rules of positive law; and (3) to offer some observations on how the dispute over these rules can sharpen our thinking about the nature and proper limits of ethical rules governing lawyers.

A Symposium Precis, Thomas E. Baker

Faculty Publications

No abstract provided.