Digital Commons Network^™

In Re Grand Jury Subpoena Duces Tecum: Destruction Of The Attorney- Client Privilege In The Governmental Realm?, Katherine L. Kendall

Utah Law Review

In the Clinton Case, the Eighth Circuit holds that a federal government entity, the White House, cannot assert the attorney-client privilege to avoid complying with a federal grand jury subpoena. This holding is troubling for three reasons. First, it is based on a narrow search for controlling case law that is misguided. Second, it disregards the common law and several cases holding that the attorneyclient privilege can be asserted to protect conversations between government attorneys and government officials. Finally, the broad interpretation of this holding, which suggests that the attorney-client privilege will not protect any communications between government attorneys and …

Throwing Out The Baby With The Bathwater Utah's Serious Youth Offender Statute, Paul R. Rudof

Utah Law Review

In 1995, the Utah Legislature adopted the Serious Youth Offender statute ("SYOS"), a new statutory scheme for transferring jurisdiction over juvenile delinquency cases to district court. This legislative effort to identify the most serious juvenile offenders and subject these youth to the severe specter of adult criminal sanctions ultimately aimed to improve public safety in Utah. Two years later, the Utah Court of Appeals, in State ex reL AB., upheld the SYOS in the face of five separate state and federal constitutional challenges. In both passing and upholding the SYOS, the legislature and the judiciary failed to recognize that legislative …

Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross

Articles

Americans' views on capital punishment have stabilized. In 1994, when Professor Phoebe Ellsworth and I published a review of research on death penalty attitudes in the United States,' we began by noting that "support for the death penalty [is] at a near record high."'2 That finding, like most of the others we reported, has not changed. Nonetheless, it is interesting to pause and review the data on public opinion on the death penalty that have accumulated over the past several years. Stability is less dramatic than change but it may be equally important, and there is some news to report. …

Childhood Sexual Abuse: Long Versus Short Term Effects, Joyce Skinner

Graduate Research Papers

Research over the past decade indicates that a wide range of psychological and interpersonal problems are more prevalent among those who have been sexually abused than among individuals with no such experiences. This paper summarizes what is currently known about these potential impacts of child sexual abuse. The various problems and symptoms described in the literature on child sexual abuse are reviewed in a series of broad categories including post-traumatic stress, emotional pain, avoidance, an impaired self, and interpersonal difficulties. Research has determined that the extent to which a given individual manifests abuse-related distress is a function of an undetermined …

Another Weapon For Combating Family Violence: Prevention Of Animal Abuse, Charlotte Lacroix

Animal Law Review

Dr. Lacroix discusses the correlation between different forms of family violence and suggests that family pets are just an­other victim. Dr. Lacroix proposes that stronger animal an­ticruelty laws may be part of the solution to reducing family violence because they enhance the likelihood of detection of an offender's abusive behavior.

Undergraduate Bulletin, 1998-2000, Cuny John Jay College

College Bulletins

Covers academic years 1998/1999 & 1999/2000

Commentary On The Motivational Psychology Of Terrorism Against Transportation Systems: Implications For Airline Safety And Transportation Law, Richard W. Bloom

Transportation Law Journal

No abstract provided.

From O.J. To Tim Mcveigh And Beyond: The Supreme Court's Totality Of Circumstances Test As Ringmaster In The Expanding Media Circus, John A. Walton

Denver Law Review

No abstract provided.

Civil Commitment And The Sexually Violent Predator, Melissa R. Saad

Denver Law Review

No abstract provided.

An Indeterminate Mix Of Due Process And Equal Protection: The Undertow Of In Forma Pauperis, Eric K. Weingarten

Denver Law Review

No abstract provided.

Evidence: Sexual Assault And Child Molestation Cases, Christopher Dopke

Denver Law Review

No abstract provided.

Reasonable Certainty And Reasonable Doubt, Henry L. Chambers, Jr.

Law Faculty Publications

Ultimately, this article is about how well different definitions of reasonable doubt fit society's goals for the criminal justice system. To be clear, this article is not about which definition is best. That question is far broader than the one I seek to explore. Determining what definition of reasonable doubt is best for the system is a question for another time. Rather, this article describes a few different ways that reasonable doubt and the presumption of innocence can be interpreted and considers the implications of applying those differing interpretations. Part II of this article examines how the criminal justice system …

The Breard Case And The Virtues Of Forbearance, John G. Douglass

Law Faculty Publications

At a time when the scheduled execution of Angel Francisco Breard made Virginia the focus of a groundbreaking controversy over the reach of internationallaw into the domestic criminal process of the United States, law students and faculty at the University of Richmond had the unique opportunity to consider the case along with Philippe Sands, then a Visiting Allen Chair Professor at the University.

The Supreme Court Of Canada, Parliament And The Charter: Exploring The Limits Of The Judicial Function In Criminal Law, Patricia A. Fricker

LLM Theses

Two constitutional principles--constitutional supremacy and parliamentary supremacy--should not be treated as antagonistic. The task for the Supreme Court of Canada since its elevation as constitutional arbiter has been to find the balance between these two constitutional doctrines. It must do so within the limits prescribed by the judicial function. What are those limits in the context of criminal law? The definitional elements of the offence; the political and legal theory of classical liberalism; the Charter's constitutional, as opposed to statutory, character; the primacy of either crime control or due process values in judicial decision-making; the fluctuating balance in the criminal …

Peace And Public Order: International Mutual Legal Assistance "The Canadian Way", Robert J. Currie

Dalhousie Journal of Legal Studies

One of the fastest-growing trends in the battle against transnational crime is the conclusion of mutual legal assistance treaties between states. These conventions provide a framework for inter-jurisdictional evidence gathering, allowing for formalized cooperation in criminal investigations through a system of requests for assistance between national authorities. Canadian practice in this area has remained largely unscrutinized, but presents an interesting duality: while the courts of the land have liberally interpreted the powers of the government to fulfill requests from other countries, the making of requests by Canadian authorities has been fraught with difficulty, particularly with regard to the rights of …

The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote

Washington Law Review

Being named to the Dan Fenno Henderson Professorship in East Asian Legal Studies is at one and the same time a proud and truly humbling moment. It is especially humbling to hold a professorship bearing the illustrious name of Dan Fenno Henderson. In the Japanese law field, Henderson is without peer. He created the field as we know it today, and his accomplishments are truly staggering.

An Analysis Of The Relationship Between Self-Esteem And Parental Configuration In Adult Male Felony Offenders, Dawn C. Sokolik

Theses

The parental configuration of families has become a topic of increasing interest in the latter part of the twentieth century. Examination of divorce rates reveal that the structure of the family is ever-changing. The purpose of this study is to examine the relationship between self-esteem and criminal offenders and how the structure of one's parental influence effects criminal activity. The types of parental configurations used within this study are as follows: Mother, Father, Mother and Father, or Biological Parent and Stepparent. The self-esteem scores of offenders incarcerated in a medium-security correctional institution for both violent and non-violent offenses were sampled …

Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf

Cardozo Journal of Equal Rights & Social Justice

The note argues that prison nurseries offer a viable solution to the challenges faced by incarcerated mothers and their children, addressing the detrimental effects of separation on both. It advocates for the implementation of prison nurseries to support maternal care and rehabilitation, while also highlighting the need for legal and policy reforms to ensure equitable treatment and protect parental rights.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin

Osgoode Hall Law Journal

Were the last 30 years of feminist law reform activity around criminal justice misdirected? Or, if not misdirected, have the efforts been appropriated and manipulated by the New Right? This commentary reflects on this history, and on the failures of the retributive justice project generally, and argues for a reexamination of both. The discussion focuses on the tactics of the New Right and on the retributive goals of some victims' rights organizations as a means of highlighting the unintended consequences of key feminist initiatives around violence against women. Finally, the commentary identifies alternatives to retribution and a need for careful …

The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Tales Of Sexual Panic In The Legal Academy: The Assault On Reverse Incest Suits, Edward Greer

Case Western Reserve Law Review

No abstract provided.

Crime Reduction In Low-Income Neighborhoods: A Strategy For Newhallville, New Haven, Connecticut, Jennifer T. Murray

Open Access Master's Theses

This research project focuses on both physical and non-physical approaches to crime reduction in low-income neighborhoods. The perception of crime is a prominent factor in the social and physical deterioration of neighborhoods. When residents feel unsafe in their neighborhood, they lock themselves in their homes or move out of the neighborhood. Perhaps the most tragic outcome is the feeling of powerlessness.

Crime reduction strategies, both physical and non-physical, have the ability to restore residents’ sense of power and control over crime. Physical strategies such as increased lighting and creating mini-neighborhoods, provide a community with a sense of control over the …

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Will California's Sexually Violent Predators Act Survive Constitutional Attacks?, Tanya M. Montano

Santa Clara Law Review

No abstract provided.

Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Samuel J. Levine

St. Mary's Law Journal

In recent years, a growing body of scholarship has developed in the United States which applies concepts in Jewish law to unsettled, controversial and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the …

Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert P. Mosteller

St. Mary's Law Journal

Supporters of victims’ rights can be broadly grouped into three categories according to their basic goals. One category seeks to guarantee participatory rights in a governmental process (“Participatory Rights”). A second category of support for the victims’ rights amendment comes from those who are animated by a pro-prosecution, anti-defendant perspective on criminal law and procedure (“Prosecutorial Benefit”). The third group supporting victims’ rights is comprised of those who demand greater protection and support for victims by the government (“Victim Protection and Aid”). The first serious attempt to amend the United States Constitution on behalf of crime victims happened in 1982. …

Publicity In High Profile Criminal Cases, H. Patrick Furman

Publications

No abstract provided.

Joe W. Ruden, Jr. V. Betty Jo Ruden : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE SEVENTH DISTRICT COURT CARBON COUNTY, STATE OF UTAH JUDGE, DAVID K. HALLIDAY