Digital Commons Network^™

The Pursuit Of The Hunt, Interrupted: Changing Literary Images Of Law, William Joseph Wagner

Catholic University Law Review

No abstract provided.

International Covenant On Civil And Political Rights: A New Challenge To The Legality Of The Juvenile Death Penalty In The United States?, D. Kirk Morgan Ii

Catholic University Law Review

No abstract provided.

Nebraska Plea-Based Convictions Practice: A Primer And Commentary, Alan G. Gless

Nebraska Law Review

I. Introduction

II. Appellate Justice and the Precipitation of United States Supreme Court Activity ... A. Federalization of Constitutional Criminal Procedure: Denial of the Right to Counsel and the Fundamental Fairness Approach ... B. Right to Counsel Cases ... C. General Validity of Plea-Based Convictions under United States Supreme Court Cases ... 1. Voluntariness of Pleas ... 2. Paper Trail Requisite to Presumptive Voluntariness of Pleas ... 3. Other Considerations in Plea-Based Convictions ... III. Effect of Pleading Guilty or No Contest in Nebraska ... A. General Rules ... B. Defenses Not Waived by Plea of Guilty and No Contest …

After The Independent Counsel Act: Where Do We Go From Here?, James K. Robinson

UC Law Journal

No abstract provided.

Wright State University Women's Soccer Media Guide 2000, Wright State University Athletics

Athletics Publications

A media guide for Wright State University's 2000 Women's Soccer team. This guide includes photographs, player stats, game results, and records.

Humor In The Detective Fiction Of Edgar Allan Poe, Gregory P. Jetton

Electronic Theses and Dissertations

No abstract provided.

The Nature And Function Of Criminal Theory, George P. Fletcher

Faculty Scholarship

The practice of teaching and writing in the field of criminal law has changed dramatically in the last half-century. In the United States and England, and to a lesser extent in other English-speaking countries, we have witnessed a turn toward theoretical inquires of a greater depth and variety than had existed previously in the history of Anglo-American law. The subjects of this new literature include the nature and rationale of punishment; the theory of justification and of excuse, that is, of wrongdoing and responsibility; the relevance of consequences to the gravity of offenses (the problem of moral luck); and the …

Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor

Touro Law Review

No abstract provided.

First Amendment Cases In The 1998-99 Term: The Calm Before The Storm, Joel M. Gora

Touro Law Review

No abstract provided.

Law School Catalog 2000, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Law School Catalogs

No abstract provided.

The Education Crisis For Children In The California Juvenile Court System, Kathleen Kelly

UC Law Constitutional Quarterly

In all the debate about the burgeoning number of youth incarcerated in California juvenile justice systems or living in foster care because of abuse and neglect, few have recognized the growth of an immense and insidious crisis affecting the children supervised by the juvenile court. The crisis lies in the overwhelming number of children - court dependents and delinquents alike - who suffer from educational deficiencies and disabilities. This Article addresses the educational needs of both juvenile delinquents and dependents (victims of child abuse and neglect). Next, it explores numerous legal avenues to tackle this crisis, which includes relying on …

The Death Penalty And The Way We Think Now, R. George Wright

Loyola of Los Angeles Law Review

No abstract provided.

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

Loyola of Los Angeles Law Review

No abstract provided.

Transformative Justice And The Ethos Of Nuremberg, Jonathan Turley

Loyola of Los Angeles Law Review

No abstract provided.

Comes A Time: The Case For Recording Interrogations, Daniel Donovan, John Rhodes

Montana Law Review

Comes a Time: The Case for Recording Interrogations

Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie

Articles, Book Chapters, & Popular Press

If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …

Impeaching Lying Parties With Their Statements During Negotiation: Demysticizing The Public Policy Rationale Behind Evidence Rule 408 And The Mediation-Privilege Statutes, Lynne H. Rambo

Faculty Scholarship

Virtually all American jurisdictions have laws-either rules of evidence or mediation-privilege statutes or both-that exclude from evidence statements that parties make during negotiations and mediations. The legislatures (and sometimes courts) that have adopted these exclusionary rules have invoked a public policy rationale: that parties must be able to speak freely to settle disputes, and they will not speak freely if their statements during negotiation can later be admitted against them. This rationale is so widely revered that many courts have relied on it to prohibit the use of negotiation statements to impeach, even when the inconsistency of the negotiation statement …

Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie

Articles, Book Chapters, & Popular Press

If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …

Race In The Courtroom: Perceptions Of Guilt And Dispositional Attributions, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

The present studies compare the judgments of White and Black mock jurors in interracial trials. In Study 1, the defendant’s race did not influence White college students’ decisions but Black students demonstrated ingroup/outgroup bias in their guilt ratings and attributions for the defendant’s behavior. The aversive nature of modern racism suggests that Whites are motivated to appear nonprejudiced when racial issues are salient; therefore, the race salience of a trial summary was manipulated and given to noncollege students in Study 2. Once again, the defendant’s race did not influence Whites when racial issues were salient. But in the non-race-salient version …

Allocating The Judicial Power In A 'Unified Judiciary' (Restructuring Federal Courts), Evan H. Caminker

Articles

Over the past half-century, federal courts scholarship concerning congressional control over the authority of Article III courts has focused predominantly on the question of jurisdiction: Which, if any, federal courts may or must be available to adjudicate which cases or controversies?' This preoccupation is unsurprising since most threatened or actualized congressional regulation over this period of time has concerned when and which federal courts would play a role in implementing the law of the land.2

Joe Grano: The 'Kid From South Philly' Who Educated Us All (In Tribute To Joseph D. Grano), Yale Kamisar

Articles

No serious student of police interrogation and confessions can write on the subject without building on Professor Joseph D. Grano's work or explaining why he or she disagrees with him (and doing so with considerable care). Nor is that all.

"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar

Articles

I think the great majority of judges, lawyers, and law professors would have concurred in Judge Friendly's remarks when he made them thirty-three years ago. To put it another way, I believe few would have had much confidence in the constitutionality of an anti-Miranda provision, usually known as § 3501 because of its designation under Title 18 of the United States Code, a provision of Title II of the Omnibus Crime Control and Safe Streets Act of 1968 (hereinafter referred to as the Crime Act or the Crime Bill), when that legislation was signed by the president on June 19, …

Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim

Fordham Urban Law Journal

Domestic violence harms children and families. In the past several years, efforts to recognize this harm have led to the passage of new state laws that allow for concurrent criminal and family court jurisdiction in domestic violence cases, mandate arrest in domestic violence situations and require courts to consider domestic violence as a factor in custody decisions. Unfortunately, the heightened awareness of the harm domestic violence causes children has also resulted in a punitive policy towards battered women in the child welfare system. Increasingly in New York City, abuse and neglect proceedings are brought against battered mothers. Their children are …

Stopping New Yorkers' Stalkers: An Anti-Stalking Law For The Millennium, Demetra M. Pappas

Fordham Urban Law Journal

This essay concerns itself with some of the legislative responses to stalking in New York and examines some of the specific anti-stalking provisions of the Clinic Access and Anti-Stalking Act of 1999, recently signed by New York Governor George Pataki. The author interviews Senator Michael A.L. Balboni, Assemblyman Scott Stringer, and the Assemblyman's former Legislative Director Rob Hack, who were all heavily involved in getting the legislation passed, offering a unique perspective.

Gender Difference In Perceiving Violence And Its Implication For The Vawa's Civil Rights Remedy, Renee L. Jarusinsky

Fordham Urban Law Journal

The enactment of the Violence Against Women Act (VAWA) of 1994 was viewed as "a potential vehicle of empowerment" for women, and was a long-awaited morve toward gender equality in the United States. By enacting the VAWA, Congress emphatically expressed a strong commitment to curb and attack the pervasiveness of sex-based violence. In practice, however, the civil rights remdy has fallen short. In the few VAWA cases brought under the civil rights remedy, the "crime of violence" requirement has been interpreted in such a narrow way that it strips the remedy of any effect. While there is confusion as to …

Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy

Fordham Urban Law Journal

A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity

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.

Welcoming Remarks, John Ferrick

Fordham Urban Law Journal

Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.

Forgiveness In The Civil Law, Jacqueline Nolan-Haley

Fordham Urban Law Journal

A discussion of the role of forgiveness in civil law, specifically relating to bankruptcy. Includes an audience question-and-answer session.

Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.