Digital Commons Network^™

The Dark Side Of Private Ordering: An Institutional And Empirical Analysis Of Organized Crime, Curtis J. Milhaupt, Mark D. West

University of Chicago Law Review

This Article provides theoretical and empirical support for the claim that organized crime competes with the state to provide property rights enforcement and protection services. Drawing on extensive data from Japan, this Article shows that, like firms in regulated environments everywhere, the structure and activities of organized criminal firms are significantly shaped by state-supplied institutions. Careful observation reveals that in Japan, the activities of organized criminal firms closely track inefficiencies in formal legal structures, including both inefficient substantive laws and a state-induced shortage of legal professionals and other rights-enforcement agents. Thus, organized crime in Japan--and, by extension, in other countries …

Wilson V. Layne: All The World's A Stage, But Your Home Is Not, Michael Simitz

Seton Hall Law Review

No abstract provided.

Public Law 280 And The Indian Gaming Regulatory Act: Could Two Wrongs Ever Be Made Into A Right, Daniel Twetten

Journal of Criminal Law and Criminology

No abstract provided.

Symposium: Creative Problem Solving Conference -- Therapeutic Jurisprudence And The Role Of Counsel In Litigation, Bruce Winick

California Western Law Review

No abstract provided.

Graduate Record 2000: The Future Is Now., Southwestern Oklahoma State University

SWOSU Yearbooks

We waited for the world to end… It didn't happen. We watched the skies for catastrophic or miraculous events. The sky was empty. As the clock struck midnight on December 31, 1999, we were ready for whatever the world was going to throw our way. And the world balked. After months, even years, of weathering predictions of disaster and chaos descending with the advent of Year 2000, we got nothing. The worried analysts who said computers around the world would crash just looked like fools. The doomsday predictors didn't even have good excuses as to why nothing happened.

So we …

State Of Utah V. Tara A. Rogers : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for attempted possession of a controlled substance, a class A misdemeanor, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1998) and Utah Code Ann. § 76-4-101 (1999), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable J. Dennis Frederick, Judge, presiding.

American Constitution-Making: The Neglected State Constitutional Sources, Marsha L. Baum, Christian G. Fritz

UC Law Constitutional Quarterly

Early in America's history, comprehensive compilations of existing state constitutions were printed and widely available to the public. These compilations have been largely overlooked as legal sources, but provide significant insights into this country's productive culture of constitutional history and law. This Article examines the distinct sources within the compilations, their variety and availability, and the guidance they provided to early American constitution-makers and the American people. As concise and authoritative sources, they were widely used and referenced during constitutional debates. Due to their availability to the public, these compilations helped democratize the process of constitution-making. A broader understanding of …

Bad Girls And Good Sports: Some Reflections On Violent Female Juvenile Delinquents, Title Ix &(And) The Promise Of Girl Power, Cheryl Hanna

UC Law Constitutional Quarterly

In recent years, the number of female juvenile offenders has been increasing at a faster pace than that of their male counterparts. This Article explores the link between criminality and competition among women. Specifically, it examines the role that involvement in organized sports, or conversely, lack of competition, plays in the development of criminal behavior. Part I addresses the theme of female competition, violence, and sports, and draws conclusions from secondary interdisciplinary research and conversations with incarcerated juvenile females. Part II focuses upon Title IX of the Education Amendments of 1972 and suggests that the rationale behind gender equity in …

Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth

UC Law Constitutional Quarterly

The use of public nuisance injunctions against gangs and suspected gang members is an aggressive prosecutorial strategy upheld and even endorsed by a majority of the California Supreme Court in 1997 in People ex rel. Gallo v. Acuna. This Article critiques these injunctions through the lens of restorative justice principles. Restorative justice rests on the tenet that any crime is injurious, and that the best response is one that heals injuries caused to the victim, the community, and the offender. The Article argues that although anti-gang public nuisance injunctions share significant similarities with some restorative justice programs, the injunctions undermine …

Congress' Property Clause Power To Prohibit Taking Endangered Species, Sophie Akins

UC Law Constitutional Quarterly

In 1995, the Supreme Court in United States v. Lopez reined in Congress' commerce powers by holding that Congress may only regulate activities that substantially affect interstate commerce. Five years later, the Court in United States v. Morrison reaffirmed Lopez and held further that the Commerce Clause only supports Congress' regulation of activities that are economic in nature. This Note examines the repercussions of Lopez and Morrison on Congress' power to enact the Endangered Species Act under the Commerce Clause. Most scholars and courts seem to agree that the Endangered Species Act will fail under the Court's recent Commerce Clause …

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal

Faculty Publications

Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …

More Than Zero: The Cost Of Zero Tolerance And The Case For Restorative Justice In Schools, William Haft

Denver Law Review

No abstract provided.

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.

Community, Winter 2000, Office Of Communications And Marketing, Wright State University

Community

Thirty-six page issue of Community which was published periodically from 1996 through 2011. The magazine focused on news and events at Wright State University relating to faculty, staff, alumni, and friends of the university.

The Truth And Reconciliation Commission (Trc): Human Rights And State Transitions – The South Africa Model, Patricia J. Campbell

Benerd College Faculty Articles

Post-authoritarian regimes have struggled with the most appropriate way to deal with the former regimes’ human rights abuses.Several schools of though have emerged as to how this should be accomplished.Into this framework the South Africa model, the Truth and Reconciliation Commission (TRC), is discussed.The TRC has completed its charge and the results vary according to one’s perception of that charge.An assessment of South Africa’s attempt at truth and reconciliation and the TRC’s viability as a model for other transitioning societies are discussed.

Measuring Culpability By Measuring Drugs? Three Reasons To Re-Evaluate The Rockefeller Drug Laws, Susan Herman

Faculty Scholarship

No abstract provided.

The Deregulation Of The Death Penalty, Kenneth Williams

Santa Clara Law Review

No abstract provided.

The Expressive Dimension Of Equal Protection, Deborah Hellman

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

No abstract provided.

Federal Habeas In The Information Age, Wayne A. Logan

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

No abstract provided.

Continuing Payment On One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner

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

No abstract provided.

Actions Speak Louder Than Thoughts: The Constitutionally Questionable Reach Of The Minnesota Cle Elminatoin Of Bias Requirement, Kari M. Dahlin

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

No abstract provided.

Private Threats, Public Stigma--Avoiding False Dichotomies In The Application Of Megan's Law To The Juvenile Justice System, Michael L. Skoglund

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

No abstract provided.

Trade Policy And The Rule Of Law, Charlene Bashefsky

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Fictional Documentaries And Truthful Fictions: The Death Penalty In Recent American Film, David R. Dow

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll

UIC Law Open Access Faculty Scholarship

No abstract provided.

Improbable Cause: The Court's Purposeful Evasion Of A Traditional Fourth Amendment Protection In Wyoming V. Houghton, George M. Dery Iii

Case Western Reserve Law Review

No abstract provided.

Leniency For Testimony: Hypocrisy Or Judicial Necessity, Jason C. Moreau

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.