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Articles 1441 - 1470 of 1881
Full-Text Articles in Entire DC Network
Suffolk University Law School Catalog, 2000, Suffolk University Law School
Suffolk University Law School Catalog, 2000, Suffolk University Law School
Suffolk University Law School Academic Catalogs
No abstract provided.
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Articles
No abstract provided.
A Comparison Of Drinking And Driving Law In Norway And North Dakota: More Than A Difference In Penalties, Thomas M. Lockney
A Comparison Of Drinking And Driving Law In Norway And North Dakota: More Than A Difference In Penalties, Thomas M. Lockney
North Dakota Law Review
No abstract provided.
Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty
Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty
Cleveland State Law Review
This Thesis discusses the ‘straight release’ program implemented by the Cleveland Police Department in the late 1990’s. It starts by describing the 24-hour charge or release rule, and how criminals were arrested, released, and arraignment notices were later sent to them by mail. Criminals used aliases to hinder the indictment procedure. Part V discusses national trends in arrest to disposition rates. Parts VI – X discusses Cleveland practices in the criminal justice system. Part XI discusses the effects of failure to identify arrested suspects before releasing them. Part XII describes the chaos of the municipal court. Part XIII discusses the …
Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad
Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad
Cleveland State Law Review
This article proposes that there is room for increased use of apology in the United States and in mediation in particular. Mediation offers the ideal setting for the offering of an apology because of its position outside the traditional strictures of the adversarial system and because of its oft-stated goal of reconciling parties and preserving relationships. Similarly, an increased awareness of apology among mediators is likely to provide another innovative method for helping parties reach a mutually satisfying and beneficial settlement. Part II of this Article examines the nature of apology and its transformative power. Part II discusses the use …
Big Money In Texas Judicial Elections: The Sickness And Its Remedies, Paul D. Carrington
Big Money In Texas Judicial Elections: The Sickness And Its Remedies, Paul D. Carrington
SMU Law Review
No abstract provided.
Opening Comment To The March 1999 Roy R. Ray Lecture: Judicial Independence And Democratic Accountability In Highest State Courts, William V. Dorsaneo Iii
Opening Comment To The March 1999 Roy R. Ray Lecture: Judicial Independence And Democratic Accountability In Highest State Courts, William V. Dorsaneo Iii
SMU Law Review
No abstract provided.
Newly Available, Not Newly Discovered, Penny J. White
Newly Available, Not Newly Discovered, Penny J. White
The Journal of Appellate Practice and Process
Advances in science have made it possible to discover new evidence. This newly discovered evidence is not always admissible as evidence. This essay suggests methods by which appellate courts may approach a balance between the rigid application of limitation periods in serious criminal cases and admitting evidence that proves innocence.
Expedited Review Of Capital Post-Conviction Claims: Idaho’S Flawed Process, Joan M. Fisher
Expedited Review Of Capital Post-Conviction Claims: Idaho’S Flawed Process, Joan M. Fisher
The Journal of Appellate Practice and Process
The Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) is a federal attempt to expedite litigation in capital cases. Many states adopted unitary appeal systems in response to the AEDPA. Unitary systems consolidate the direct appeal and state post-conviction process. In Idaho, Idaho Code § 19-4908 establishes special proceedings for capital cases including a forty-two day limitation to present any claims. This article makes a critical analysis of Idaho’s capital post-conviction procedure.
Forgiveness And Justice, Benjamin C. Zipursky
Forgiveness And Justice, Benjamin C. Zipursky
Fordham Urban Law Journal
A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.
Forgiveness And The Law, Martha Minow
Forgiveness And The Law, Martha Minow
Fordham Urban Law Journal
A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Fordham Urban Law Journal
This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman
Fordham Urban Law Journal
This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla
Fordham Urban Law Journal
This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Fordham Urban Law Journal
This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.
Restorative Justice And The Prosecutor, Frederick W. Gay
Restorative Justice And The Prosecutor, Frederick W. Gay
Fordham Urban Law Journal
A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.
Weighing The Domestic Violence Factor In Custody Cases: Tipping The Scales In Favor Of Protecting Victims And Their Children, Kim Susser
Fordham Urban Law Journal
Many new laws and policies are emerging in the area of domestic violence. In 1994, the Legislature passed the Family Protection and Domestic Violence Intervention Act- a complete overhaul of laws dealing with domestic violence in both the civil and criminal arean. The Legislature declared that domestic violence is now a crime. It is unfortunate that batterers are not always consider criminals when they seek custody of their children. If convicted of a stranger crime, courts are known to accord weight to the batterer's criminal history. When the victim is the child's mother, it seems to be another story. All …
Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer
Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer
Fordham Urban Law Journal
As one of the most prevalent crimes in the country, domestic violence is one of the most frequently handled cases for prosecutors across the nation. Despite their commonality, however, domestic violence cases can raise the anxiety level of even the most experience prosecutors. There are several causes of such anxiety. First, domestic violence cases are often plagued by evidentiary problems that occur when a victim does not desire prosecution. Second, even in states where mandatory prosecution laws have been enacted, it can still be difficult to successfully prosecute a case when a victim is hostile, uncooperative and acting in direct …
The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland
The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland
Fordham Urban Law Journal
The trend in child welfare has been to err on the side of protection, often considered erring on the side of the child. While this approach may have been appropriate to overcome a long history of State abstinence from involvement in the family domain, it has been under-inclusive in protecting the child's fundamental right to a parent-child relationship. A delicate balance must be struck between family autonomy and State intervention. This balance is best achieved in the family court when the child's best interest is represented and the family is addressed as a whole. Under traditional criminal procedure, which focuses …
Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak
Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak
Fordham Urban Law Journal
The article begins by stating that many people believe that medicalization offers the most reasonable approach to drug policy because it offers a dignified approach to treatment of addicts. However, it risks being a form of repression itself because it may define abstinence as the only acceptable treatment outcome. The article then explores the position of the medical profession in drug policy. It then looks at the negative political and social aspects and consequences of an abstinence-directed medicalization policy. The article concludes by stating that if abstinence is always the treatment goal then medicalization will be even less voluntary and …
The Relevance Of Community Values To Just Deserts: Criminal Law, Punishment Rationales, And Democracy, Kenneth W. Simons
The Relevance Of Community Values To Just Deserts: Criminal Law, Punishment Rationales, And Democracy, Kenneth W. Simons
Hofstra Law Review
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Hofstra Law Review
In her article Prof. Bartlett focuses on race and sex, not where they cross, but what they look like side by side using child custody as a starting point for a more detailed assessment of the similarities and differences between sex and race discrimination. The author focuses on the operation of, and attempts to eliminate, race and sex discrimination in child custody law, using a methodology of moving back and forth between examples of race discrimination and sex discrimination, showing how looking at one in relation to the other contributes to a better understanding of both.
The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor
The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor
Faculty Publications By Year
No abstract provided.
The News Media And The Good Samaritan Statute Controversy: Covering The Ethics Of Others, Edmund B. Lambeth
The News Media And The Good Samaritan Statute Controversy: Covering The Ethics Of Others, Edmund B. Lambeth
Santa Clara Law Review
No abstract provided.
Now V. Scheidler, Round Two, Craig M. Bradley
Now V. Scheidler, Round Two, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Can (Did) Congress Overrule Miranda , Yale Kamisar
Can (Did) Congress Overrule Miranda , Yale Kamisar
Cornell Law Review
No abstract provided.
The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman
The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman
Cornell Law Review
No abstract provided.
United States V. Morrison And The Civil Rights Remedy Of The Violence Against Women Act: A Civil Rights Law Struck Down In The Name Of Federalism, Julie Goldscheid
United States V. Morrison And The Civil Rights Remedy Of The Violence Against Women Act: A Civil Rights Law Struck Down In The Name Of Federalism, Julie Goldscheid
Cornell Law Review
No abstract provided.
At The Intersection Of Domestic Violence And Guns: The Public Interest Exception And The Lautenberg Amendment , Alison J. Nathan
At The Intersection Of Domestic Violence And Guns: The Public Interest Exception And The Lautenberg Amendment , Alison J. Nathan
Cornell Law Review
No abstract provided.