Digital Commons Network^™

Sexual Harassment In The Military: Time For A Change Of Forum , Michael I. Spak, Jonathan P. Tomes

Cleveland State Law Review

This article will review the current status of sexual harassment in the military, discuss why courts-martial are ineffective in punishing and deterring sexual harassment, and suggest that permitting sexual harassment claims in a forum other than the military justice system would help deter future sexual harassment in the military at no greater cost to military discipline and preparedness than is inherent in the current system.

Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick

Cleveland State Law Review

Given that law has an integral commitment to life, in this lecture I want to show how the law should manifest something of a fundamental dissonance, even a terminal incoherence, when law is called upon to deal death. That is what happens in the judicial discourse on the death penalty in the United States. I will approach this demonstration in a way that may at first seem paradoxical, in a way that will bring out the deep affinity between law and death. That affinity is one in which death is, in a sense, the limit of law; a limit that …

Hey Walter: Do Criminal Defense Lawyers Not Owe Fiduciary Duties To Guilty Clients - An Open Letter To Retired Professor Walter W. Steele, Jr., Roy Ryden Anderson

SMU Law Review

No abstract provided.

Professor Steele's Opus, Gerald S. Reamey

SMU Law Review

No abstract provided.

Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman

The Journal of Appellate Practice and Process

This article is the first of two articles that discuss the concern of prosecutorial misconduct. This article focuses improper prosecutorial argument in the 1990s. The article examines a California Supreme Court reversal of a murder conviction and death sentence due to misconduct during the prosecutor’s closing argument. The article then discusses forty-five federal appellate court opinions addressing the issue of prosecutorial misconduct.

Evidence And Ethics—Letting The Client Rest In Peace: Attorney-Client Privilege Survives The Death Of The Client. Swidler & Berlin V. United States, 118 S. Ct. 2081 (1998)., Julie Peters Zamacona

University of Arkansas at Little Rock Law Review

No abstract provided.

Character Evidence And Sex Crimes In The Federal Courts: Recent Developments, Robert F. Thompson Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton

Articles

Tracy and John had been married for seven years. They were so in love when they met at college. He brought her flowers and wanted to spend all of his free time with her. Everything was perfect. But it seemed to become increasingly tumultuous as soon as they got married, two years later. He didn't just want to spend all of his time with her; he had to know what she was doing every waking moment of the day. He had to approve of her activities and her friends. He called her at work every day. If she wasn't at …

Winter 1999

Bill of Particulars

No abstract provided.

Extradition, Evidence Gathering, And Their Relatives In The Twenty-First Century: A U.S. Defense Counsel Perspective, Bruce Zagaris

Fordham International Law Journal

The United States is serving as a laboratory to resolve the tension between globalization, rising transnational criminality, and the demand for enhanced human rights. This Essay reviews selected areas of evidence gathering and extradition in transnational crime and closely related areas. The perspective will focus particularly on the rights of defendants.

Starr, Singleton, And The Prosecutor's Role, David A. Sklansky

Fordham Urban Law Journal

This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …

A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay

Fordham Urban Law Journal

The most important variable affecting whether a defendant will be subject to the death penalty is often the particular ideology of the district attorney of a respective county. More subtle forms of arbitrariness, such as bias based upon race, gender and class, also pervade the process. Arguing that the dangers inherent in the present situation justify the imposition of controls over the exercise of prosecutorial discretion in the decision whether to seek the death penalty, Part I presents the nature and scope of prosecutorial discretion judicial review of that discretion and the influence that individual prosecutors can have in the …

Expanding New York's Dna Database: The Future Of Law Enforcement, Robert W. Schumacher Ii

Fordham Urban Law Journal

This Article discusses a proposal by New York City Police Commissioner Howard Safir to expand New York's DNA Database. The proposal would allow the police to obtain DNA from anyone arrested for a recordable offense. The Article describes how DNA is used by law enforcement from the molecular level to DNA databases. The Article then describes Safir's proposal, including the controversy surrounding Fourth Amendment privacy concerns and fears of potential misuse of the DNA information by law enforcement. Despite these concerns, in light of New York's recidivism rates, crime trends, administrative costs, and investigative efficiency, the Article argues that Safir's …

History Repeating Itself: The (D)Evolution Of Recent British And Antiterrorist Antiterrorism Legislation, Gregory C. Clark

Fordham Urban Law Journal

Through a study of historical development, this note compares the current antiterrorism legislation in the United States and the United Kingdom. In Part I, the author first sets out the history of British attempts to counter terrorism looking specifically at Northern Ireland. He then discusses parallel American law noting the numerous civil rights violations that came with the laws of each country. In Part II, the author investigates provisions of the United States’ Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and Britain’s Northern Ireland (Emergency Provisions) Act of 1998 (“EPA”) and Criminal Justice (Terrorism and Conspiracy) Act of …

Sexual/Gender Identity In The Criminal Courts, Alexis Baden-Mayer, Hon. Paul G. Feinman, Lori Cohen, Hon. Michael A. Sonberg

Fordham Urban Law Journal

This discussion focuses on the criminal justice system, particularly where LGBT individuals are currently being harmed, both by the courts, enforcement, and the system generally. The panelists identified the major harms, and explored ways to eliminate them from the system. The discussion specifically focused on the limitations of domestic violence programs, and the challenges they pose to the community. The panelists also discussed the significance of HIV in criminal justice decision making.

The Rights To A Fair Trial And To Examine Witnesses Under The Spanish Constitution And The European Convention On Human Rights, Dennis P. Riordan

UC Law Constitutional Quarterly

In the wake of the death of dictator Francisco Franco in 1975, Spain enacted a new Constitution containing extensive procedural rights for criminal defendants, thereby in theory moving its justice system closer to the adverserial model of criminal trials long established in common law countries. In the years immediately following the passage of the 1978 Constitution, however, criminal proceedings continued to be inquisitorial in nature, especially in cases involving politically-charged allegations of domestic terrorism.

In this article, the author tracks one such case that had a dramatic impact on the Spanish legal system. Following their conviction for participating in a …

International Usability, Design Guidelines And Effectiveness Of A World Wide Web-Based Instructional Program For High School Students In A Cross-Culture Learning Environment, Hajime Hayakawa

CCAC Theses and Dissertations

The recent growth of the Internet and the World Wide Web (WWW) has resulted in a vast array of on-line courseware and educational Web sites. Unfortunately, as a large percentage of this information is written in English, non-English speakers are unable to access it. Information written in other languages is likewise unavailable to many native English speakers. Therefore, in order to maximize the usefulness of educational material on the Web, it is necessary to design and implement cross-cultural, bilingual or multilingual Web sites and instructional programs.

This study was designed to contribute to the area of bilingual learning on the …

The Relationship Between Alcohol Use And Anger Experience And Expression, Jennifer L. Saunders

Theses, Dissertations and Capstones

The study explored the relationship between alcohol use and the experience and expression of anger. Thirty male subjects between the ages of 20 and 35 were involved in the study. Fifteen enrolled in a Driving Under the Influence (DUI) class and fifteen enrolled in one of two introductory level behavioral science classes, without a history of DUI, were selected to participate in the research. The results of the analysis of variance (ANOVA) indicated no significant relationship between alcohol use and state anger (how angry a person is at any given moment) or alcohol use and expression of anger. There was, …

Kremzow V. Republik Osterreich: A Case For Excluding Human Rights Issues From The Jurisdiction Of The European Court Of Justice, Erin Mcalpin Eiselein

Denver Journal of International Law & Policy

No abstract provided.

Reflections On Murder, Misdemeanors, And Madison, Jonathan Turley

Hofstra Law Review

No abstract provided.

Press Releases - January-March 1999, Northeastern Illinois University University Relations

Press Releases

No abstract provided.

Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley

Missouri Law Review

Because of the increase in the number and severity of violent crimes committed by juveniles, public demand for harsher penalties and proceedings for young offenders also increases each year.2 Congress has responded to the public outcry by enacting numerous pieces of legislation that mandate federal juvenile accountability. This legislation represents a drastic departure from the federal government's traditional policy of leaving juvenile justice affairs to the states. One of the many congressional acts in the past decades confers federal jurisdiction upon prosecution of juveniles who commit serious violent or drug related crimes if the United States Attorney certifies that the …

Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

1998-1999 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 1998-1999 Committee on Academic Responsibility Annual Report. Additional annual reports are attached.

Adapting To Miranda: Modern Interrogators' Strategies For Dealing With The Obstacles Posed By Miranda, Richard A. Leo, Welsh S. White

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

1999-2000 Lynn University Undergraduate Catalog, Lynn University

Academic Catalogs

No abstract provided.

Pm Ceremonial Script, April 25, 1999, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Latest Amendment To 18 U.S.C. § 924(C): Congressional Reaction To The Supreme Court's Interpretation Of The Statute, Angela Labuda Collins

Catholic University Law Review

No abstract provided.

Correspondence Related To The Dwc Listserv, 1999., Majorie Zatz

Division on Women and Crime Documents and Correspondence

DWC Listserv instructions

Good Practice Committee Correspondence And Working Bibliography, 1999, American Society Of Criminology. Division On Women And Crime, Nicole Rafter

Division on Women and Crime Documents and Correspondence

No abstract provided.