Digital Commons Network^™

"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer

Faculty Publications

No abstract provided.

The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell

Cardozo Journal of International and Comparative Law

The note examines the Ninth Circuit Court of Appeals' decision in the case of James Joseph Smyth, which centered on the interpretation and application of Article 3a of the Supplementary Extradition Treaty between the US and the UK. The court overturned the lower court's ruling, holding that Smyth failed to meet the evidentiary burden required to establish a defense against extradition under Article 3a. The decision highlights the challenges of proving future mistreatment based on race, religion, nationality, or political opinions, emphasizing the need for individualized evidence rather than systemic concerns.

William & Mary Lawyer: The Annual Report Of The Marshall-Wythe School Of Law 1996, William & Mary Law School

Annual Report

No abstract provided.

Getting Even: Restitution, Preventive Detention, And The Tort/Crime Distinction, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Preventive detention is in conflict with the standard account because it appears to justify the imprisonment of persons who have committed no crime, and who are therefore blameless, on the strength of a prediction that they will commit a crime in the future, thus undermining the legitimating conditions of the criminal law. The same objection can be made against imprisoning an offender longer than he "deserves" to be imprisoned on the basis of his "culpability" for the offense, solely on the ground that he may commit another offense in the future.

The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal

NYLS Law Review

No abstract provided.

"The Executioner's Face Is Always Well-Hidden": The Role Of Counsel And The Courts In Determining Who Dies, Michael L. Perlin

NYLS Law Review

No abstract provided.

The Impact On Juries Of Pre-Recording Children's Evidence, Josephine Hubble

Theses : Honours

The impact on juries of pre-recording children's evidence was investigated. University undergraduate students (N = 123; 91 females, 32 males) volunteered to participate in the study as mock jurors. Participants either watched a videotape or read a transcript of a simulated trial involving a child sexual abuse case. Participants who watched the videotape saw the child give evidence either by closed circuit television or by a pre-re-cording. Participants who read the transcript were advised the child's evidence had been given via closed circuit television or had been pre-recorded. After viewing the videotape or reading the transcript, participants completed a questionnaire …

Erosion Of The Confrontation Clause In The Ocean State: Admitting Declarations Of A Decedent Made In Good Faith, Deborah M. Kupa

Roger Williams University Law Review

No abstract provided.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …

College Of Health And Public Affairs Annual Report, 1995-1996, University Of Central Florida. College Of Health And Public Affairs

Research Activities & Annual Reports

University of Central Florida College of Health and Public Affairs Annual Report, 1995-1996.

"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming

Faculty Scholarship

No abstract provided.

Dire Wolf Collects His Due While The Boys Sit By The Fire: Why Michigan Cannot Afford To Buy Into The Death Penalty, Justin P. Brooks, Jeanne Huey Erickson

Faculty Scholarship

No abstract provided.

Book Review [The Jury: Trial And Error In The American Courtroom], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Adr: Where Have The Critics Gone Essay, Eric K. Yamamoto

Santa Clara Law Review

No abstract provided.

Death Penalty As The Answer To Crime: Costly, Counterproductive And Corrupting [Advocate In Residence], Stephen B. Bright

Santa Clara Law Review

No abstract provided.

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Psychology And Counseling Library Research Guide, Margaret Sylvia

Faculty Publications

This document is a guide for library research in psychology or counseling. The first section discusses how to do research in the library, including choosing a topic, beginning with books, updating the information with journals, checking out books, interlibrary loan, visiting other libraries, and writing the paper. The second section provides sources of general information on psychology. The third section provides an annotated bibliography of additional research resources. The fourth section contains guide to the writing of psychology research papers and the fifth section contains miscellaneous resources such as those on professional training and careers, statistics, dictionaries, and biographical resources.

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

Publications

No abstract provided.

Under Blue Skies : The Social Construction Of Intellectual Disability In Western Australia, Errol Cocks (Ed.)

Research outputs pre 2011

Research into the history of people with intellectual disabilities in Western Australia has been a sporadic undertaking. Scholarship to date has been mainly institutional in character and often undertaken as an adjunct to the study of mental illness. The people themselves have remained mostly invisible. In 1989, the Editors conceived of a social history research project in which, for the first time, an attempt would be made to document the lives of people with intellectual disabilities in Western Australia The project would also aim to describe the institutional, social, political and professional history we identify with mainstream historical scholarship...

State Of Utah V. David A. Gallegos : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Sentence Imposed on one Count of Burglary after a jury trial before the Honorable Michael D. Lyon, Judge of the Second Judicial District on the 21st day of June, 1995

Salt Lake City V. Roberto Lopez : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

Appeal from the Third District Court, Division n, Salt Lake County, State of Utah Judge Robert K. Hilder

State Of Utah V. Glenn Earl Lloyd, Ii : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

Nonlegal Research, Peggy Roebuck Jarrett, Mary Whisner

Librarians' Chapters in Books

• Introduction
• Finding People, Organizations, Etc.
• Finding Factual Information
• Writing

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke

University of Richmond Law Review

The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.

An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes

University of Richmond Law Review

Justice George Sutherland (1862-1942) is the subject and hero of Professor Hadley Arkes's laudatory new biography. Arkes portrays Sutherland as a judge "who had found the ground of [his] jurisprudence in 'natural rights." Although history has not treated the Justice kindly, Arkes attempts to reverse history's verdict.

Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer

University of Richmond Law Review

On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …

Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer

University of Richmond Law Review

This article discusses recent Virginia cases and legislative developments in the area of criminal law and procedure. The article discusses cases from April of 1995 to July of 1996 and legislative changes effective July 1, 1996. This article does not discuss federal developments. Nor does the article discuss death penalty issues, as that area of the law is sufficiently particularized that, for purposes of manageability, it falls outside the scope of this discussion.

The State Of Utah V. John Schweitzer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM SENTENCE AND JUDGEMENT RENDERED SUBSEQUENT TO DEFENDANT' S PLEA OF GUILTY TO ONE COUNT OF AGGRAVATED ASSAULT, A THIRD DEGREE FELONY, AND ONE COUNT OF STALKING, CLASS B MISDEMEANOR, IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SUMMIT COUNTY, THE HONORABLE PAT B. BRIAN PRESIDING.

State Of Utah V. Ann Bird : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT APPEAL FROM JUDGMENT OF CONVICTION OF CRIMINAL IDENTIFICATION VIOLATION, A CLASS B MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 53-5-217 (1993) IN THE FIFTH JUDICIAL DISTRICT COURT, WASHINGTON COUNTY, THE HONORABLE G. RAND BEACHAM PRESIDING