Digital Commons Network^™

Herbert Wechsler And The Criminal Law: A Brief Tribute, Harold Edgar

Faculty Scholarship

The great English architect Christopher Wren is buried in his most famous church, St. Paul's London. The inscription on his memorial stone concludes with the words: Lector, si monumentum requiris, circumspice. Reader, if you seek his monument, look around you.

That instruction serves well those who would appraise and honor Herbert Wechsler's contributions to American criminal law. When he joined the Columbia Law School faculty in 1933, this school did not teach criminal law and much of the profession thought the topic was not worth studying.' What fabulous good fortune it was that Herb thought otherwise. Throughout a long and …

Book Annotations, Leah Chan Grinvald

Scholarly Works

No abstract provided.

Exploring The Law Of Law Teaching: A Feminist Process, Kathryn M. Stanchi

Scholarly Works

No abstract provided.

Variations On Some Themes Of A Disporting Gazelle And His Friend: Statutory Interpretation As Seen By Jerome Frank And Felix Frankfurter, Kent Greenawalt

Faculty Scholarship

In 1947, this Review published two lectures on statutory interpretation by Jerome Frank and Felix Frankfurter. Both jurists were concerned with a basic question: How constrained are judges when they interpret legislation? The answers each gives, while similar in some respects, differ strikingly. In arguing that interpretation necessarily involves a creative element, Frank analogizes the role of a judge in interpreting legislation to that of a performer in interpreting a musical composition. Although he argues that judicial creativity is constrained, Frank views statutory interpretation as "a kind of legislation." For Frankfurter, by contrast, in construing a statute, a judge is …

The Overproduction Of Death, James S. Liebman

Faculty Scholarship

In this Article, Professor Liebman concludes that trial actors have strong incentives to – and do – overproduce death sentences, condemning to death men and women who, under state substantive law, do not deserve that penalty. Because trial-level procedural rights do not weaken these incentives or constrain the overproduction that results, it falls to post-trial procedural review – which is ill-suited to the task and fails to feed back needed information to the trial level – to identify the many substantive mistakes made at capital trials. This system is difficult to reform because it benefits both pro-death penalty trial actors …

Common Ground: Robert Jackson, Antonin Scalia, And A Power Theory Of The First Amendment, Jay S. Bybee

Scholarly Works

There are few cases that contrast more starkly than Justice Robert Jackson's opinion for the Court in West Virginia State Board of Education v. Barnette and Justice Antonin Scalia's majority opinion in Employment Division v. Smith. Although we praise Barnette for its soaring defense of the Free Speech Clause and excoriate Smith for its crabbed reading of the Free Exercise Clause, in fact, Justice Jackson and Justice Scalia are not so far apart. When we read Barnette and Smith in context, we will find that Justice Jackson and Justice Scalia treaded common ground with respect to the First Amendment. …

Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser

Scholarly Works

No abstract provided.

Human Rights And Wrongs In Our Own Backyard: Incorporating International Human Rights Protections Under Domestic Civil Rights Law---A Case Study Of Women In The United States Prisons, Martin A. Geer

Scholarly Works

An urgent human rights crisis at home is under close scrutiny by diverse groups including the United Nations, non-governmental organizations, the U.S. Department of Justice, and public interest lawyers. Within the context of a prison population explosion that dwarfs that of the rest of the world, the undeveloped status of international human rights in U.S. domestic jurisprudence becomes more evident. Within prison populations, increasing numbers of women’s lives are reduced to half-lives under the tortuous effects of sexual abuse by corrections officials. This dire situation presents the question: Can women prisoners continue to be denied the protections of international human …

Remarks, Golden Pen Award, Mary Beth Beazley

Scholarly Works

Professor Beazley, then President of the Legal Writing Institute, joins her colleagues in presenting the inaugural Golden Pen Award to Arthur Levitt, Chairman of the United States Securities Exchange Commission, for his leadership in requiring plain language in financial disclosure documents, in this transcript of the presentation of the award at the National Press Club, Washington, D.C.

The Legal Construction Of Adolescence, Elizabeth S. Scott

Faculty Scholarship

American lawmakers have had relatively clear images of childhood and adulthood-images that fit with our conventional notions. Children are innocent beings, who are dependent, vulnerable, and incapable of making competent decisions. Several aspects of the legal regulation of childhood are based on this account. Children are assumed not to be accountable for their choices or for their behavior, an assumption that is reflected in legal policy toward their criminal conduct. They are also assumed to be unable to exercise the rights and privileges that adults enjoy, and thus are not permitted to vote, drive, or make their own medical decisions. …

Beyond Cloning: Expanding Reproductive Options For Same-Sex Couples, David Orentlicher

Scholarly Works

No abstract provided.

Medical Malpractice: Treating The Causes Instead Of The Symptoms, David Orentlicher

Scholarly Works

No abstract provided.

The Implementation Of Oregon’S Death With Dignity Act: Reassuring, But More Data Are Needed, David Orentlicher

Scholarly Works

Undoubtedly, empirical data from Oregon will play a key role for academics, legislators, judges, and the public as debate over the legalization of physician-assisted suicide continues. A central issue in the debate is whether a right to assisted suicide can be limited to only the truly compelling cases, or whether it will in practice be provided to patients who choose it out of depression, coercion, or misunderstanding. Empirical research can provide critical insights into this question.

Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher

Scholarly Works

No abstract provided.

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 …

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

Scholarly Works

Gang members from elsewhere congregated on lawns, on sidewalks, and in front of apartment complexes at all hours. They displayed a casual contempt for notions of law, order, and decency -- openly drinking, smoking dope, sniffing toluene, and even snorting cocaine laid out in neat lines on the hoods of residents' cars. San Jose prosecutors responded by obtaining and enforcing a broad injunction against the gangs and their members, based on the finding that the gangs' activities constituted a public nuisance. California prosecutors have sought such anti-gang public nuisance injunctions since 1987. Their constitutionality was in doubt for ten years …

Nunavut Territory: Aboriginal Governing In The Canadian Regime Of Governance, Charles J. Marecic

American Indian Law Review

No abstract provided.

A Discussion Of The Application Of Fica And Futa To Indian Tribes' On-Reservation Activities, Robyn L. Robinson

American Indian Law Review

No abstract provided.

"Merciless Indian Savages" And The Declaration Of Independence: Native Americans Translate The Ecunnaunuxulgee Document, John R. Wunder

American Indian Law Review

No abstract provided.

Custom, Tribal Court Practice, And Popular Justice, Elizabeth E. Joh

American Indian Law Review

No abstract provided.

Surfing For Wampum: Federal Regulation Of Internet Gambling And Native American Sovereignty, Jeffrey A. Dempsey

American Indian Law Review

No abstract provided.

Tribal Leaders Attend Historic National Repatriation Summit, Oklahoma City, June 8-9, 2000, Scarlet Wootton

American Indian Law Review

No abstract provided.

Remarks At The Ceremony Acknolwedging The 175th Anniversary Of The Establishment Of The Bureau Of Indian Affairs, Kevin Gover

American Indian Law Review

No abstract provided.

1989 Revolutions In East-Central Europe : A Comparative Analysis, Ruth Rodda

School of Law, Humanities and Social Sciences Theses

There is a substantial amount of existing literature that focuses on the revolutionary events of 1989 in East-Central Europe. Yet, there are few comparisons which apply a comparative-historical approach to a small set of cases. A large body of existing literature provides the ideal situation for a comparative-historical study. This thesis will test the utility of applying a comparative-historical methodological approach to the events of 1989 in four countries in East-Central Europe. The four countries are paired into two cases. The case of Poland and Hungary is compared with the case of Bulgaria and Romania. A theoretical frame of reference …

Multi-Board Concept - A Scenario Based Approach For Supporting Product Quality And Life Cycle Oriented Design, Aj Robotham, M Hertzum

School of Engineering, Computing and Mathematics

This paper will describe the multi-board concept, which is a working approach for supporting life cycle oriented design and product quality. Aspects of this concept include construction of a common working environment where multiple display boards depict scenarios of the product life cycle, creating a shared quality mindset amongst designers, and developing creativity and synthesis in product design. The appropriateness of scenarios for supporting life cycle oriented design will be ar-gued and preliminary results from early experimentation will be presented. Initial results lead us to believe that the multi-board concept promises to be a useful means of communication amongst the …

The Chain Of Quality Through Integrated Product Development, Aj Robotham

School of Engineering, Computing and Mathematics

Today, it is almost impossible to find a manufacturer who has not been significantly influenced by the quality culture, but it is evident that some are doing more to improve their product quality than others are. The so-called "Chain of Quality" through integrated product development is a useful metaphor since it recognises that quality is a continuing topic of attention throughout the product development process and that discrete, quality related activities in the process are inter-linked. Depending upon how the product development process is modelled, the chain can be viewed as open or closed with single or parallel threads. In …

Isolated Ventricular Myocytes From Copper-Deficient Rat Hearts Exhibit Enhanced Contractile Function, Loren E. Wold

Theses and Dissertations

No abstract provided.

Psychological Empowerment In A Dyadic Advisory Relationship, Shannon T. Woulfe

Theses and Dissertations

No abstract provided.

Estimating Left Ventricular Isovolumic Pressure From Ejecting Pressure And/Or Aortic Flow, Scott R. Zarr

Theses and Dissertations

No abstract provided.

Native Americans' And Caucasians' Beliefs About Intelligence, Child-Rearing Related To Education, And Social Integration, Tonia L. Jackson

Theses and Dissertations

No abstract provided.