Digital Commons Network^™

Much Sound, Not Too Much Fury: The Supreme Court's Criminal Law Decisions During The 1997 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Health Care Providers And Fraud Investigations: What Can You Do When The Goverment Changes The Rules In The Middle Of The Game?, Gordon E. Rountree Jr.

Annals of Health Law and Life Sciences

Mr. Rountree addresses the federal government's multi-pronged attack on health care fraud and focuses on the options available to health care providers who are under investigation by the government. The article proposes three potential responses to fraud investigations, including: (1) lobbying the government for relief, (2) suing the government; or (3) waiting to defend or settle the fraud action. After analyzing each method, Mr. Rountree concludes that an aggressive lobbying campaign is likely to be the most successful of the three possible provider responses.

Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner

UIC Law Review

No abstract provided.

The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards

UIC John Marshall Journal of Information Technology & Privacy Law

With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, …

Megan's Law: Analysis On Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet, 17 J. Marshall J. Computer & Info. L. 1133 (1999), Susan Oakes

UIC John Marshall Journal of Information Technology & Privacy Law

Because of the public demand for stronger governmental action against those who commit violent and sexual offenses against children, Congress implemented "Megan's Law" which mandated that the registered information of criminal child sex offenders be unlimited in disclosure so long as the information released is necessary to protect the public. Megan's Law and the Internet (as useful medium for communicating information on sex offenders), fulfill a similar goal as criminal cases receiving media attention because both aid in protecting the public from potential crimes committed by dangerous sex offenders. Megan's Law is constitutional because it is not punitive and because …

Symposium: Gideon - A Generation Later Introduction & And Keynote Speakers

Maryland Law Review

No abstract provided.

1999 Annual Report, Tennessee. Department Of Audit, Tennessee. Comptroller Of The Treasury

Department of Audit Annual Reports

This document is the annual report for the Tennessee Department of Audit.

Defendant's Exhibit 705: Lowell Levine Cv, Lowell J. Levine

Sheppard 2000 Trial Defendant's Exhibits

Lowell J. Levine Curriculum Vitae

General Undergraduate Catalog, 1999-2001, Marshall University

Marshall University Catalogs 1990-1999

Marshall University General Undergraduate Catalog for the 1999-2001 academic years.

Western Michigan University Undergraduate Catalog 1999-2001, Western Michigan University

Western Michigan University Course Catalogs (1904-present)

• Mission of The University
• Accreditation
• Admissions Policies and Procedures
• Tuition and Fees
• Financial Assistance and Scholarships
• Degrees, Certificates, and Undergraduate Curricula and Majors
• Graduation Requirements and Academic Advising
• Academic Policies and Procedures
• Registration, Records, and Regulations
• Lee Honors College
• College of Arts and Sciences
• Haworth College of Business
• College of Education
• College of Engineering and Applied Sciences
• College of Fine Arts
• College of General Studies
• College of Health and Human Services
• The Graduate College
• Division of Continuing Education
• Office of International Affairs
• Student Rights and Responsibilities
• University and Student Services
• Annual Security Report
• Glossary of Terms
• University Officers
• The Faculty …

Gatherings No. 20 Winter 1999, Friends Of The University Libraries

Gatherings: Friends of the University Libraries Newsletter

Complete issue of Gatherings no. 20. Edited by Laurel Grotzinger.

Ua56/1 Fact Book, Wku Institutional Research

WKU Administration Documents

Statistical and demographic profile of WKU.

Getting A Grip On Payne And Restricting The Influence Of Victim Impact Statements In Capital Sentencing: The Timothy Mcveigh Case And Various State Approaches Compared, Niru Shanker

UC Law Constitutional Quarterly

In the 1980's the Supreme Court barred the use of victim impact evidence at capital sentencing hearings as violative of the Cruel and Unusual Punishment clause. The Court reversed itself in Payne v. Tennessee, holding that the Eighth amendment erects no per se bar to victim impact evidence. Such evidence can be properly introduced if it is does not so inflame and prejudice the jury as to render the trial fundamentally unfair. Unfortunately, the Court did not provide any guidance to the lower federal and state courts to use in making that determination. There exists a risk, therefore, that many …

An Amendment To The Constitution Of The United States To Protect The Rights Of Crime Victims: Exploring The Effectiveness Of State Efforts, Jennifer J. Stearman

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Carter V. State: To Overcome A Defendant's Sixth Amendment Right To A Public Trial, The Court Must Provide A Compelling Interest Evidenced By Case-Specific Reasons, Akia Fox

University of Baltimore Law Forum

No abstract provided.

Recent Developments: State V. Evans: A Warrantless Search Incident To Arrest Is Constitutional, Regardless Of Whether The Police Intend To Charge The Defendant Upon Apprehension, Stacey E. Burnett

University of Baltimore Law Forum

No abstract provided.

Civil Settlement During Rape Prosecutions, William Hubbard

Articles

No abstract provided.

Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.

Gagged But Not Bound: The Ineffectiveness Of The Rules Governing Judicial Campaign Speech, Max J. Minzner

Faculty Scholarship

This article argues that while the text and the history of the gag rule would seem to indicate that implied commitments are prohibited, candidates have a wide variety of methods available to signal voters how they might decide cases if they reach the bench. Courts have failed to recognize the importance of limiting speech other than traditional policy promises due to a failure to adequately consider the most important motivating factor behind the gag rule: providing litigants impartial adjudication. Because courts have not made this the primary consideration in the gag rule cases, speech occurs in campaigns that would otherwise …

Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers In Support Of Petition For A Writ Of Certiorari, Leggett V. United States Of America, 528 U.S. 868 (Supreme Court Of The United States Of America 1999) (No. 99-10), Timothy P. O'Neill

Court Documents and Proposed Legislation

No abstract provided.

The Most Aggravated And Least Mitigated Murders: Capital Proportionality Review In Florida, Ken Driggs

St. Thomas Law Review

In this article I will briefly discuss the evolution of death penalty law after Furman v. Georgia, including the three statutory models that nearly every death penalty state has adopted. Part of this evolution was the development of proportionality review. I will then discuss Florida's "weighing" statute and how proportionality fits into that. Then I will discuss the specifics of the Florida Supreme Court's approach to proportionality review in death penalty direct appeals. I will elaborate on how the Supreme Court has considered commonly encountered, broad factual situations in death sentences. I will briefly discuss a recent amendment to Article …

Juvenile Curfew Challenges In The Federal Courts: A Constitutional Conundrum Over The (Less Than) Fundamental Rights Of Minors', Charles W. Gerdes

St. Thomas Law Review

The purpose of this Comment is to examine the inconsistency of analytical methodology that has been employed in the federal courts to determine whether the fundamental rights of minors are coextensive with those of adults in a given regulatory scheme. Specifically, the Comment focuses on this analysis in the context of juvenile curfew ordinance challenges. Further, the Comment proposes a substantive analytical methodology that implements the instruction of Supreme Court precedent in the realm of minors' constitutional rights. To achieve this purpose, the Comment necessarily investigates Supreme Court decisions analyzing the coextensive nature of a minor's fundamental rights. In some …

Clash Of Power And Jurisdiction: The United States Supreme Court V. The International Court Of Justice, Charles B. Radlauer

St. Thomas Law Review

In Breard v. Greene, the Supreme Court of the United States ignored an order of the International Court of Justice ("ICJ") requesting a temporary stay of execution. In so doing, the Court may have violated Article 94 of the United Nations Charter, a duly ratified treaty of the United States, which requires the United States to abide by decisions of the ICJ. This case arose in federal court on a writ of habeas corpus on appeal from a state court conviction of attempted rape and murder in Virginia. After the writ of habeas corpus was denied in both the district …

Zoning In Florida Under The Religious Freedom Restoration Acts: What City Officials Should Watch Out For In Defending Their Ordinances Against Freedom Of Religion Claims, Steven D. Ginsburg, Natalie J. Carlos

St. Thomas Law Review

Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, stated: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic." Today we revisit this theme in the context of a religious organization's right to build its houses of worship in neighborhoods whose elected representatives have determined are inappropriate locations for churches and synagogues. Does a religion have the right to disregard general zoning laws of neutral application, claiming its beliefs are in conflict and burdened, and asserting they have a superior right to …

Incompetence In The Brain Injured Individual, D. Michael Bitz, Jean S. Bitz

St. Thomas Law Review

We will initially address the historic acceptance of scientific propositions by the law as they relate to sanity. Insanity is one of the earliest forms of incompetence addressed by the criminal justice system. The current treatment of the courts with respect to head injuries will be presented. Following, there will be an explanation of the philosophical demand for an independent mens rea to sanction punishment. This will be tied to the relationship between head injuries and crime. Specifically, how a form of injury directly affects an individual's ability to make competent decisions while appearing outwardly normal. The legal implications of …

Therapeutic Jurisprudence And The Drug Treatment Court Movement: Revolutionizing The Criminal Justice System's Response To Drug Abuse And Crime In America, Peggy Fulton Hora, William G. Schma, John T. A. Rosenthal

Notre Dame Law Review

No abstract provided.

Longwood College Graduate Catalog 1999-2000, Longwood University

Graduate Catalogs

No abstract provided.

Johnny Can’T Read ‘Cause Jane’S Got A Gun: The Effects Of Guns In Schools, And Options After Lopez, Carl W. Chamberlin

Cornell Journal of Law and Public Policy

No abstract provided.

The Meter February 24, 1999, Tennessee State University

The Meter Documents in 1990s

No abstract provided.

The Meter January 27, 1999, Tennessee State University

The Meter Documents in 1990s

No abstract provided.