Digital Commons Network^™

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

Washington Law Review

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 …

The Pulse: October 2000, Lynn University

Student Newspapers

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Scholarly Articles in Law Reviews & Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.

In Brief, Fall/Winter 2000, New York Law School

New York Law School In Brief

No abstract provided.

Special Feature: Linking The Visions, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

A special section that introduces members -in their own words- whose multidisciplinary expertise enriches Law School life and is reflected in joint academic appointments in the Law School and elsewhere within the University of Michigan. With comments by recent graduates from the Law School's joint degree programs.

Faculty Publications, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

University of Michigan Law School faculty members produce a stunning amount and quality of writing that helps extend the boundaries of our knowledge and enliven our thinking. Taken together, publications from Law School faculty members reflect both the insatiable curiosity and boundless intellectual energy of our teachers as well as the infinite variety of subjects that may be illuminated through a study of law.

Congress Arrogance, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Does Dickerson v. U.S., reaffirming Miranda and striking down § 3501 (the federal statute purporting to "overrule" Miranda), demonstrate judicial arrogance? Or does the legislative history of § 3501 demonstate the arrogance of Congress?

Shortly after Dickerson v. U.S. reaffirmed Miranda and invalidated § 3501, a number of Supreme Court watchers criticized the Court of its "judicial arrogance: in peremptorily rejecting Congress' test for the admissibility of confessions. The test, pointed out the critics, had been adopted by Congress after extensive hearings and debate about Miranda's adverse impact on law enforcement.

The Dickerson Court did not discuss the legislative history …

Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning

Dalhousie Law Journal

The author describes the reforms to the prosecution system in Nova Scotia which were recommended by the Marshall Inquiry in its 1989 report, and reviews the extent to which they have been effectively implemented during the ensuing decade. He concludes that many of the objectives originally identified by the Marshall Inquiry in this respect have been substantially met, but that in some areas there is still room for improvement. Finally, he notes the absence of systematic evaluations of prosecutorial institutions and practices in Canadian jurisdictions, and that because of this, it is difficult to say whether the Marshall Inquiry's objectives …

Vital Signs, Fall 2000, Boonshoft School Of Medicine

Vital Signs

A twenty four page newsletter created by the Boonshoft School of Medicine to document the current affairs of the school. This issue includes a variety of feature articles, alumni profiles, class notes, and more.

Executive Privateers: A Discussion On Why The Civil Asset Forfeiture Reform Act Will Not Significantly Reform The Practice Of Forfeiture, Brant C. Hadaway

University of Miami Law Review

No abstract provided.

Orange & White - Fall 2000, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Orange & White Magazine

No abstract provided.

Utpa Commencement – Fall 2000, University Of Texas-Pan American

Edinburg Archives - Legacy Commencement Programs

No abstract provided.

Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss

Washington Law Review

The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local government officers who violate federal statutes or treaties. That right of action is available to plaintiffs who seek to enforce federal statutes or treaties against government officers unless Congress foreclosed the availability of a Young remedy when it enacted the statute, or the treaty makers foreclosed the …

Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg

Indiana Law Journal

No abstract provided.

Newscass: Newsletter Of The Center For Appalachian Studies And Services (Fall, 2000), Center Of Excellence For Appalachian Studies And Services, East Tennessee State University

NewsCASS: Newsletter of the Center for Appalachian Studies and Services

NewsCASS (Fall, 2000), a newsletter of the Center of Excellence for Appalachian Studies and Services (formerly Center for Appalachian Studies and Services) at East Tennessee State University.

Alternatives To Incarceration For Substance Abusing Female Defendants/Offenders In Massachusetts, 1996-1998, Carol Hardy-Fanta, Sylvia Mignon

Publications from the Center for Women in Politics and Public Policy

In July 1997, the Massachusetts State Legislature, recognizing the challenge presented by the problem of substance abuse for women in the criminal justice system, authorized funds to the Department of Public Health’s Bureau of Substance Abuse Services for a study of substance using female offenders to be conducted by the John W. McCormack Institute at the University of Massachusetts Boston. Since March 1998, a group of researchers at the McCormack Institute and the Criminal Justice Center at UMass Boston has gathered and analyzed a wealth of quantitative and qualitative information on women offenders in Massachusetts.

This information includes data from …

Student Fact Book, Fall 2000, Twenty-Fourth Annual Edition, Wright State University, Office Of Student Information Systems, Wright State University

Wright State University Student Fact Books

The student fact book has general demographic information on all students enrolled at Wright State University for Fall Quarter, 2000.

Profiles Of Academic Majors - 2000, Governors State University

Profiles of Academic Majors

The Profiles of Academic Majors provide a ten-year longitudinal snapshot of the selected enrollment and demographic statistics arranged by fall term and fiscal or academic year as appropriate.

The Establishment Of A Citizens Police Academy Format Into The Palm Beach County School System, Thomas Mccabe

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Trust is an emotion developed over time. Trust is an inner belief, or confidence, that a person, entity, object, or circumstance will act in accordance with one's personal, pre-determined expectations. In communication, we all have an inherent trust that our intended message will be perceived as intended. When there is a misinterpretation, misunderstandmg occurs and communication breakdown results, trust is then lost to a certain degree. Law enforcement is a complex element of our society; there is a necessity for continual clarification of contemporary issues to avoid miscommunication. Law enforcement is a high profile public entity. By it's very nature …

The Institutionalization Of Female Deliquency, Katherine Hunt Federle

Buffalo Law Review

No abstract provided.

Regulating Consensual Sex With Minors: Defining A Role For Statutory Rape, Michelle Oberman

Buffalo Law Review

No abstract provided.

Entangled In The Shadows: Girls In The Juvenile Justice System, Cindy S. Lederman, Eileen Nexer Brown

Buffalo Law Review

No abstract provided.

No Discretion, Heightened Tension: The Tale Of The Adoption And Safe Families Act In New York State, Sean D. Ronan

Buffalo Law Review

No abstract provided.

Class Of 2003 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2003

The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman

Michigan Law Review

The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …

Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler

Michigan Law Review

Few doctrines of constitutional criminal procedure generate as much controversy as the Fourth Amendment exclusionary rule. Beyond the basic mandate of the rule - that evidence obtained in violation of an individual's right to be secure against unreasonable search and seizure is inadmissible in a criminal proceeding - little else is agreed upon. The precise date of the exclusionary rule's inception is uncertain, but it has been applied by the judiciary for over eight decades. While the Supreme Court has emphasized that the rule is a "judicially created remedy," and not a "personal constitutional right," this characterization provokes argument as …

U.S.-Mexico Borderland Water Conflicts And Institutional Change: A Commentary, Vivienne Bennett, Lawrence A. Herzog

Natural Resources Journal

No abstract provided.

University Reporter - Vol. 05, No. 02 - October 2000, University Of Massachusetts Boston

1996-2009, University Reporter

No abstract provided.

Immigration: An Overview Of Information Resources, Bert Chapman

Libraries Research Publications

Immigration has been a subject of intense historical and contemporary debate in US political life. Proponents of immigration cite the important contributions immigrants have made and continue to make to the USA’s national development and evolution. Advocates of more restrictive immigration policies stress concerns over the USA’s ability to support immigrant residents and whether newer immigrants threaten the US national identity and social cohesion. Proponents and opponents of current US immigration policy will use figures from the 2000 census to justify their respective arguments in upcoming debates on this subject. This article examines a variety of immigration literature resources such …