Digital Commons Network^™

An Assessment Of Asynchronous Transfer Mode (Atm) Training For Educators, Dan A. Niswander

CCAC Theses and Dissertations

The purpose of this dissertation was to develop and evaluate a hypertext-based training tutorial/guide on asynchronous transfer mode (ATM) technology for use by school district educators and technology planners. A review of literature indicated training needs on new broadband technologies were not being adequately met from the point of view of an educational environment. An interactive hypertext solution was proposed, designed, and developed based on the needs of adult learners. An analysis of these needs indicated adults prefer flexibility in navigating between training topics as well as in the pace of material presentation, that is, whether to proceed at a …

The Chains May Be Heavy, But They Are Not Cruel And Unusual: Examining The Constitutionality Of The Reintroduced Chain Gang, Yale Glazer

Hofstra Law Review

No abstract provided.

The Historical And Constitutional Contexts Of Jury Reform, Douglas G. Smith

Hofstra Law Review

This article examines the evolution of the jury from its origins in England through its transportation to America. The article compares and contrasts the various historical models of the jury with the modern American jury. Although much has been written concerning the historicaldevelopment of the English jury, surprisingly little has been written about the historical development of the American jury. In particular, the article concludes that consideration of historical practices in America may serve as a useful guide to future reform of the jury system as well as to the constitutional constraints that may be imposed on reform of jury …

Genetic Confidentiality: What's The Big Secret?, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

A Lot More Comes Into Focus When You Remove The Lens Cap: Why Proliferating New Technologies Make It Particularly Urgent For The Supreme Court To Abandon Its Inside-Out Approach To Freedom Of Speech, And Bring Obscenity, Fighting Words, And Group Libel Within The First Amendment, Eric M. Freedman

Hofstra Law Faculty Scholarship

This article calls for an end to the doctrinal distinction between speech that is "inside" the First Amendment and that which is "outside" it.

By re-examining the premises underlying its vindication of the summary suppression of obscenity, and overruling the moribund yet still-mischievous cases of Chaplinsky v. New Hampshire, 315 U.S. 568 (1942) (denying First Amendment protection to "fighting words") and Beauharnais v. Illinois, 343 U.S. 250 (1952) (denying First Amendment protection to group libel), the Court would take an important step towards blunting a variety of modern threats to freedom of expression.

Otherwise we risk having a Ptolemaic proliferation …

Alternative Dispute Resolution--Conflict As Pathology: An Essay For Trina Grillo Dismantling The Master's House: Essays In Memory Of Trina Grillo, Richard Delgado

Essays, Reviews, and Shorter Works

No abstract provided.

The Cleveland-Marshall Centennial Inauguration Address, Janet Reno

Cleveland State Law Review

This inauguration address illustrates some of the problems facing the nation and discusses ways lawyers can help solve these problems by leveraging the law to do what’s right in their local communities.

When The Whites Go Marching In? Racism And Resistances In English Football, Steve Greenfield, Guy Osborn

Marquette Sports Law Review

No abstract provided.

Racism In Sports: A Question Of Ethics, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Judicial Equity: An Argument For Post-Acquittal Retrial When The Judicial Process Is Fundamentally Defective, Thomas M. Dibiagio

Catholic University Law Review

No abstract provided.

Paternalism Versus Pugnacity: The Right To Counsel In Japan And The United States, David A. Suess

Indiana Law Journal

No abstract provided.

How Can We Sleep While The Beds Are Burning? The Tumultuous Prison Culture Of Attica Flourishes In American Prisons Twenty-Five Years Later, Justin P. Brooks

Faculty Scholarship

No abstract provided.

1996 General Correspondence, Chris Rasche

Division on Women and Crime Documents and Correspondence

Upcoming Executive Board meeting and Division meetings in Chicago; Future of the ASC

Foreword: Children And The Ethical Practice Of Law, Bruce A. Green, Bernardine Dohrn

Fordham Law Review

No abstract provided.

Conflicts Of Interests In The Representation Of Children, Nancy J. Moore

Fordham Law Review

No abstract provided.

Converging Criminal Justice Systems: Guilty Pleas And The Public Interest, Abraham S. Goldstein

SMU Law Review

No abstract provided.

Violence In America: Convoluting 'Honor' And 'Respect', Chris Hutton

South Dakota Law Review

No abstract provided.

Curtailing Civil Rico’S Long Reach: Establishing New Boundaries For Venue And Personal Jurisdiction Under 18 U.S.C. § 1965, A. Darby Dickerson

Nebraska Law Review

Many judges, members of Congress, and commentators have bemoaned the fact that attorneys frequently add causes of action under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to “up the ante” in otherwise ordinary civil actions. After addressing civil RICO’s legislative history and § 1965’s statutory framework, this article describes different methods courts currently use to analyze venue and personal jurisdiction under U.S.C. § 1965. Next, this article proposes separate jurisdictional and venue tests for courts to apply when § 1965(b) is invoked in civil RICO cases. These tests are designed to protect defendants’ due process rights, give credence …

To Prosecute Is Human, Karen Knight

Nebraska Law Review

I. Introduction

II. The Nebraska Experience

III. Direct Faculty Supervision vs. the Externship Model

IV. Advantages of a Prosecution Clinic ... A. Litigation Opportunities ... B. Oral Advocacy Skills ... C. Factual Investigation ... D. Drafting Pleadings ... E. Case Analysis ... F. Trial Advocacy ... G. The Burden of Proof ... H. Developing as a Professional ... I. Negotiation ... J. Caseloads ... K. A Dilution of the Ethical Dilemma ... L. Public Service Orientation ... M. Exercise of Public Discretion ... N. Application of Ethical Principles ... 0. Institutional Critique

V. Disadvantages of the Prosecution Model ... A. …

William Kunstler: A People's Lawyer, Bruce H. Ellison

South Dakota Law Review

No abstract provided.

Words Of Warning For Prosecutors Using Criminals As Witnesses, Stephen S. Trott

UC Law Journal

In this Article, Judge Trott offers a step-by-step guide to avoiding the many pitfalls facing prosecutors using criminals as witnesses. Because prosecutors cannot choose the company that criminals keep, they must frequently be prepared to deal with snitches, accomplices, and informants in making a case against a defendant. These witnesses frequently have the best, first-hand knowledge of the defendant's criminal activities to offer. However, because of their inherent conflicts of interest, these witnesses can sometimes ruin a case rather than support it.

Using newspaper reports from around the country, Judge Trott illustrates how criminal witnesses can turn an otherwise strong …

Tiptoeing Through The Tulips: The Supreme Court's Major, But Modest By Comparison, Criminal Law Rulings During The 1994-95 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Who Should Protect The Native American Child: A Philosophical Debate Between The Rights Of The Individual Versus The Rights Of The Indian Tribe, Michelle Zehnder

William Mitchell Law Review

No abstract provided.

Constitutional Law: Making A Case For Preserving The Integrity Of Minnesota's Public Defender System: Kennedy V. Carlson, 544 N.W.2d 1 (Minn. 1996), David L. Wilson

William Mitchell Law Review

No abstract provided.

Out Of Sight, Out Of Mind: Is Blind Faith In Incapacitation Justified, Catherine M. Sharkey

Faculty Articles

Book review of Incapacitation: Penal Confinement and the Restraint of Crime, by Franklin E. Zimring and Gordon Hawkins, Oxford University Press, 1995.

Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffrey Fagan, Martin Guggenheim

Faculty Articles

A study was conducted to examine the validity of judicial predictions of dangerousness inherent in preventive detention of juvenile offenders. Data were drawn from juveniles remanded in custody under the preventive detention statute of the New York Family Court Act during 1981 and 1984 and subsequently released within hours of the detention order pursuant to an injunction obtained in a federal district court. It is argued that there are reasonable and constitutional arguments to incapacitate a presumptively innocent individual when it is certain that he or she is dangerous. However, it is demonstrated that whenever a significant number of persons …

The Conundrum Of Corporate Liability: Seeking A Consistent Approach To The Constitutional Rights Of Corporations In Criminal Prosecutions, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Reverse Racism: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang

UC Law Constitutional Quarterly

In this Essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …

Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison

Indiana Law Journal

No abstract provided.