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A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn

Fordham Urban Law Journal

This Article discusses the topic of privileged communications and ethics in the courtroom. The Article offers the unique perspective of a trial judge and his courtroom interactions with lawyers and witnesses alike. It discusses cases relating to established courtroom privileges, such as marriage, attorney/client and priest/penitent, as well as qualified privileges such as the journalism privilege. Further, it discusses the potential for new or novel privileges, such as the accountant/auditor-client work product privilege and the academic peer review privilege. Finally, the Article lays out suggestions for trial judges for how to best utilize the privilege rules while simultaneously promoting fairness …

Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder

Law and Contemporary Problems

The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.

State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger

Richmond Public Interest Law Review

The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …

Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly

Richmond Journal of Law & Technology

In cyberspace, as in today's real world, there seems to be confusion in regard to what privacy is and what it is not. One scholar, Ruth Granson highlights recent efforts to fully comprehend privacy: "the concept of privacy is a central one in most discussions of modern Western life, yet only recently have there been serious efforts to analyze just what is meant by privacy." Over the years, the conception of the nature and extent of privacy has been severely bent out of shape. The definitions and concepts of privacy are as varied as those in the legal and academic …

"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell

Law Faculty Publications

Such serious charges by so many distinguished historians demand a careful consideration of what the Founders meant by "high Crimes and Misdemeanors": Were they only indictable crimes or did they include what one of the Framers called "political crimes and misdemeanors?" Were they offenses that a President would commit only in "the exercise of executive power" or did they also include a President's malfeasance committed in his private capacity? Were they subject to a reasonably fixed meaning or were they to be determined simply by the exercise of the "awful discretion" of those in Congress called upon to impeach and …

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …

Semiotics, Analogical Legal Reasoning, And The Cf. Citation: Getting Our Signals Uncrossed, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

The Bluebook’s introductory citation signals are essential to effective legal discourse. The choice of signal can influence not only the interpretation of cited cases, but also the path of the law. In this Article, Professor Ira Robbins examines one commonly used signal: the cf. After exploring its semiotic function, he details the multitude of ways in which this signal has been used and misused. He argues that lawyers’ and judges’ careless use of the cf. leads to confusing and often incoherent developments in the law, and concludes by proposing a precise working definition for this irksome, but potentially powerful, citation …

Legal Aid And Public Interest Law In China, Benjamin L. Liebman

Faculty Scholarship

This article describes the evolution of legal aid and public interest law in China and examines its implications for the legal profession and the law in the context of four intertwined developments: first, China's efforts to establish a nationwide system of government-run legal aid centers; second, China's attempt to expand the availability and improve the quality of legal representation for indigent criminal defendants; third, China's bid to force the legal profession to serve poor clients via mandatory pro bono requirements for lawyers; fourth, the development of non-governmental legal aid centers and the expanding incentives for profit-oriented lawyers to take on …

The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown

Faculty Publications

In this article we intend to focus on the narrow but increasingly more signif icant issue of retractors in malpractice actions against therapists. It is generally believed that people do not make confessions unless they are actually guilty. It is also generally believed that retractors who recant their earlier statements must now be telling the truth. Courts have allowed expert testimony to be admitted on the issue of why people will falsely confess. In this paper we argue that expert testimony on why people falsely recant should also be admissible.

Book Review: Cameras In The Courtroom: Television And The Pursuit Of Justice, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Privileges And Stereotypes: A Commentary, Patricia A. Cain

Faculty Publications

No abstract provided.

The Domestication Of International Human Rights: Non-Self-Executing Declarations And Human Rights Treaties, David Sloss

Faculty Publications

No abstract provided.

Who Is The Lawyer Of The Century?, Gerald F. Uelmen

Faculty Publications

No abstract provided.

A Second Redemption?, Bradley W. Joondeph

Faculty Publications

No abstract provided.

Four Models Of The Criminal Process, Kent Roach

Journal of Criminal Law and Criminology

No abstract provided.

Denying Fifth Amendment Protections To Witnesses Facing Foreign Prosecutions: Self-Incrimination Discrimination, Steven J. Winger

Journal of Criminal Law and Criminology

No abstract provided.

A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Public Safety V. Individual Civil Liberties: The Prosecutor's Stand, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Playing God: 5 To 4 (The Supreme Court And The Police), Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Technical Appendix

Journal of Criminal Law and Criminology

No abstract provided.

Liberty Interested In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan

Journal of Criminal Law and Criminology

No abstract provided.

Police Interrogation--A Practical Necessity, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Reforming American Penal Law, Markus Dirk Dubber

Journal of Criminal Law and Criminology

No abstract provided.

Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa

Faculty Articles

Can a system developed from intrusion into the lives of the poor be reconstituted to provide services that will nurture the quality of the lives of all children? If not, then the system should be scrapped and start over. 
Child Protective Services (CPS) has never recovered from its roots in distrust and discrimination against the poor and its mistaken defense of a false moral high-ground, which is perceived from the narrow focus of child-saving rather than on the legitimate and long term needs of children. The foster care system’s lack of concern for natural parents reflects centuries of a dual …

Why The Law Hates Speculators: Regulation And Private Ordering In The Market For Otc Derivatives, Lynn A. Stout

Cornell Law Faculty Publications

A wide variety of statutory and common law doctrines in American law evidence hostility towards speculation. Conventional economic theory, however, generally views speculation as an efficient form of trading that shifts risk to those who can bear it most easily and improves the accuracy of market prices. This Article reconciles the apparent conflict between legal tradition and economic theory by explaining why some forms of speculative trading may be inefficient. It presents a heterogeneous expectations model of speculative trading that offers important insights into antispeculation laws in general, and the ongoing debate concerning over-the-counter (OTC) derivatives in particular.

Although trading …

Effect Of An Individualized Treatment Protocol On Competency Restoration In Pretrial Forensic Inpatients., Lisa Jo Bertman

LSU Historical Dissertations and Theses

Competency to stand trial refers to a defendant's ability to consult with his attorney with a reasonable degree of factual and rational understanding of the proceedings against him. If declared incompetent to stand trial by the courts, judicial proceedings are postponed until a defendant's competency deficits are remediated. However, there is a paucity of data on treatment of individuals who have been declared incompetent to stand trial. This study evaluated the effectiveness of individualized treatment on competency restoration in pretrial patients. This investigation improved upon previous group treatment studies, all but one of which were uncontrolled. Treatment groups were: Deficit-Focused …

Interest Of Department Of Correctional Education Personnel In Attending Old Dominion University Via The Teletechnet Distance Education System, Dennis D. Traverse

OTS Master's Level Projects & Papers

This study will determine: 1. If Department of Correctional Education full-time academic teachers are interested in taking the courses required to complete the Master of Science in Education degree with a concentration in correctional education programs via the Old Dominion University TELETECHNET Distance Education Program; 2. What content should be included in the concentration courses for correctional education personnel.

The Professional And The Liar, Richard H. Underwood

Law Faculty Scholarly Articles

Many individuals in society think that all lawyers are liars. Some think lawyers are allowed to lie. Regrettably, some American lawyers apparently think so too. In the United States there has been, and continues to be, a troubling lack of professional consensus when it comes to litigating a case. Indeed, lawyers who are neither corrupt nor insensitive have been accused of arguing that the elicitation of false testimony, and the use of it, is a professional responsibility. Fairness also calls for some acknowledgment that even the most cunning, zealous, and successful of trial lawyers have agonized over such moral choices. …

State Of Utah V. Nicholas D. Phipps : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the decision of the Honorable S. Don LeBaron, Seventh Judicial District Court, Grand County.

University Of Central Florida Irps 3-Year Fact Book - Ay 1996-97 Through 1998-99, University Of Central Florida

Historical Fact Book and Enrollment

Historical fact book and enrollment data for the University of Central Florida.