Digital Commons Network^™

Defining Willful Remuneration: How Bryan V. United States Affects The Scienter Requirement Of The Medicare/Medicaid Anti-Kickback Statute, Robb Degraw

Journal of Law and Health

At the forefront of the debate over the anti-kickback statute, and the topic of this Note, is the mens rea, or mental state, that is required for a violation of the law. According to the statute, an individual must "knowingly and willfully" solicit or receive, or offer to pay, remuneration in order to induce business reimbursed under any federal health care program. The interpretation of these terms by the federal courts has varied wildly, as have the underlying Supreme Court cases cited as precedent for such interpretations. However, in June of 1998, the Supreme Court defined the meaning of "willfully" …

Partnering In Higher Education, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

Legal Rites: Abjection And The Criminal Regulation Of Consensual Sex, Kate Sutherland

Articles & Book Chapters

The application of criminal law to consensual sex is an arena of conflict and contest between conservative and liberal forces in the United States, with occasional feminist interventions. The same arguments tend to recur on each side of the debate. Conservatives assert the appropriateness and necessity of enforcing a particular Judeo-Christian sexual morality through law. Liberals argue for tolerance of private consensual sexual conduct. When the debate shifts from the private to the public arena, conservatives may argue privacy principles, asserting the right of bystanders to be let alone, whereas liberals may shift to freedom of expression arguments. In this …

Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law

Michigan Journal of International Law

Symposium transcript.

Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth

Scholarly Works

This Essay is about Ellenor Frutt, Annie Dornell, Joyce Davenport, and other women criminal defense attorneys of prime time television. It examines how high-stakes network television presents sympathetic stories about women working as criminal defense attorneys while simultaneously supporting the popular thirst for the harshest criminal penalties. Real women who choose to represent criminal defendants are fundamentally out of step with angry and unforgiving attitudes toward crime and criminals. Indeed, women defenders have chosen work that puts them in direct opposition to the widespread public willingness to incarcerate record numbers of Americans, often young African-American and Latino men, for longer …

Black Faces, Brown Faces.. .Why Are We Different Than White Faces? An Analytical Comparison Of The Rate Of Certification Of Minority &Non-Minority Juvenile Offenders, Keisha L. David

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

A "Last Hug" Before Execution: The Case In Favor Of Contact Visitation For Death Row Inmates In Texas, Ryan Byrd

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

The Law And Order Presidency., Willard Mark Oliver

Graduate Theses, Dissertations, and Problem Reports (ETD)

The theory of presidential influence over public opinion is used to predict the impact of presidential time and attention focused on crime on the public's concern for crime as the “most important problem facing the country.” The more attention presidents give to the issue of crime, the more concerned the public becomes with crime. The study addresses the assumptions of the hypothesis by first assessing the history of presidential involvement in crime control policy; second, by delineating reasons why presidents have become involved in such policies; and, finally, by articulating the means presidents have available in order to engage in …

An Exploratory Study Of Policy, Procedures, And Programs For Students With Special Needs Assigned To Alternative Schools In North Central West Virginia., Richard Michael Belcastro

Graduate Theses, Dissertations, and Problem Reports (ETD)

Using an exploratory method this study examined the policies, procedures, and programs for students with special needs assigned to alternative schools in North Central West Virginia. Initially, twelve special education directors in West Virginia's RESA VII were surveyed to determine what approach was being used to serve students with special needs assigned to alternative schools. Four alternative school staffs were selected to be interviewed to determine what were the policies, procedures, and programs in serving students with special needs assigned to alternative schools. Disruptive and at risk students have long presented a dilemma for local school administrators. While trying to …

2000-2001 Undergraduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Undergraduate Catalogs (Archived)

No abstract provided.

Utah V. Jose Luis C. Vicente : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

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

State Of Utah V. Dan Appis : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the decision of the Honorable Lyle R. Anderson, Seventh Judicial District Court, Grand County.

State Of Utah V. Corinne Skidmore : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Final Judgment and Order of the First Judicial District Court, Cache County State of Utah, by the Honorable Tom L. Willmore

Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, Benjamin Priester, H. Jefferson Powell

Journal Publications

Recent Supreme Court decisions have dramatically underscored the significance of the states as vital entities within the United States constitutional system. The Court has repeatedly protected the states' political and legal integrity against congressional conscription' and federal court litigation. In addition, the Court has broadened the effective range of state autonomy through its revival of content-based limitations on the scope of Congress's delegated powers. This recent wave of federalism has generated opinions that often seem to turn on The problem with this principle of respect for state sovereignty is that its meaning is not self-evident. The states plainly are not …

Thinking The Unthinkable Recasting The Presumption Of Edwards V. Arizona, Eugene L. Shapiro

Oklahoma Law Review

No abstract provided.

Prejudice To The NTh Degree: The Introduction Of Uncharged Misconduct Admissible Only Against A Co-Defendant At A Megatrial, Edward J. Imwinkelried

Oklahoma Law Review

No abstract provided.

The Majority Opinion As The Social Constuction Of Reality: The Supreme Court And Prison Rules, James E. Robertson

Oklahoma Law Review

No abstract provided.

State Of Utah, Plaintiff And Appellee V. David Hittle, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

STATE OF UTAH, Plaintiff and Appellee, v. DAVID HITTLE, Defendant and Appellant, Appellate Court No. 2000712-CA Priority 2 [Oral Argument Requested] Amended Opening Brief of Appellant On appeal from an Order Denying Defendant's First Motion to Suppress Evidence Issued by the Honorable Timothy Hanson of Utah's Third Judicial District Court for the County of Salt Lake, State of Utah

Utah V. Jose Mario Jimenez : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for manslaughter with a firearm enhancement, a second degree felony offense in violation of Utah Code Ann. § 76-5-205 (1995), and two counts of attempted manslaughter with firearm enhancements, both third degree felony offenses in violation of Utah Code Ann. §§ 76-5-205 and 76-4-101 (1995), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Robin W. Reese, Judge, presiding.

State Of Utah V. Brent Mauchley : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment of conviction for attempted insurance fraud, a third degree felony, in violation of Utah Code Annotated sections 76-6-521 and 76-4-102 (1999), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Homer F. Wilkinson, Judge, presiding.

Travis E. Telford V. Utah Bd. Of Pardons : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the dismissal of petition filed in the Third District Court under Rule 65 B(d)U.R.C.P. challenging the decision of the Utah State Board of Pardons and Parole in a First-degree felony matter.

Utah V. Jose Luis C. Vicente : 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 with intent to distribute, a class A misdemeanor, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1998), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable J. Dennis Frederick, Judge, presiding.

State Of Utah V. Carl James Trujillo : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE JUDGMENT AND ORDER OF PROBATION IN THE SEVENTH DISTRICT COURT IN AND FOR THE COUNTY OF SAN JUAN, STATE OF UTAH THE HONORABLE JUDGE LYLE R. ANDERSON, PRESIDING

Plea Agreements: Progressing The Fight Against Crime Or Bribing Witnesses, Sheila Creaton

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Thoughts On Some Potential Appellate And Trial Court Applications Of Therapeutic Jurisprudence, Steve Leben

Faculty Works

To date, the application of therapeutic jurisprudence principles has been concentrated mainly on specialized trial courts: drug treat­ment courts, domestic violence courts, criminal courts, and juvenile and family courts. Its application to trial courts generally, as well as its application to the appellate courts, remains largely unexplored. This Article considers three areas in which trial and appellate courts may want to consider applying therapeutic jurisprudence.

My conclusions about the application of therapeutic jurispru­dence to the appellate courts are admittedly tentative ones: my day job is sitting as a state general jurisdiction trial judge, not as an appel­late court judge. Although …

Before Brown: Charles H. Houston And The Gaines Case, Douglas O. Linder

Faculty Works

In 1895 in Plessy v. Ferguson the Supreme Court announced the legal principle, separate but equal, that would guide American race relations for over half a century. For Charles Houston, the training of black lawyers was a key to mounting an attack on segregation. While at Harvard, Houston wrote that there must be Negro lawyers in every community and that the great majority of these lawyers must come from Negro schools. It was, he concluded, in the best interests of the United States - to provide the best teachers possible at law schools where Negroes might be trained. After graduating …

The Grand Jury And Exculpatory Evidence: Should The Prosecutor Be Required To Disclose Exculpatory Evidence To The Grand Jury, Ali Lombardo

Cleveland State Law Review

In 1992, the United States Supreme Court ruled in United States v. Williams that the federal courts do not have the supervisory power to require prosecutors to present exculpatory evidence to the grand jury. This Note argues that the Williams decision is flawed because it diminishes crucial rights of defendants and because it prevents the grand jury from fulfilling its protective function. In Section II, this Note examines the historical background and purpose of the grand jury in England and America. Section III discusses the Williams decision and the rationale behind both the majority and dissenting opinions. It also discusses …

2000-2001 Undergraduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.

Duty To Rescue Through The Lens Of Multiple-Party Sexual Assault, Renu Mandhane

Dalhousie Journal of Legal Studies

The lack of culpability for bystanders fails to capture the reality of the situation for sexual assault victims. It is probable that the presence of bystanders causes further psychological harm to the victim. Yet, the law allows bystanders to watch as a woman is dehumanized free from any obligation to help the victim. The lack of culpability for voyeurs is morally reprehensible and suggests that traditional sexual assault analysis is inadequate for dealing with cases of multiple-party sexual assault. It is submitted that reform within the Criminal Code is necessary to ensure culpability for such morally repugnant acts. One solution …