Digital Commons Network^™

Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards

Journal Articles

No abstract provided.

Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker

Articles

Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5

Miranda Thirty-Five Years Later: A Close Look At The Majority And Dissenting Opinions In Dickerson, Yale Kamisar

Articles

Over the years, Miranda v. Arizona1 has been criticized both for going too far2 and for not going far enough.3 Nevertheless, on the basis of talks with many criminal procedure professors in the sixteen months between the time a panel of the Fourth Circuit upheld a statute (18 U.S.C. § 3501) purporting to "overrule" Miranda and a 7-2 majority of the Supreme Court overturned that ruling in the case of Dickerson v. United States,4 I am convinced that most criminal procedure professors wanted the Supreme Court to do what it did-"reaffirm" Miranda. This is not surprising. As Professor Grano once …

Into The Wasteland: Applying Equality Principles To Medical Inadmissibility In Canadian Immigration Law, Rose Voyvodic

Journal of Law and Social Policy

No abstract provided.

Rights, Capabilities, And The Good Society, Robin West

Fordham Law Review

No abstract provided.

What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young

Fordham Law Review

No abstract provided.

Mock Juror Perceptions Of Juvenile Defendants In Adult Court, Jennifer Lynne Personius

UNLV Retrospective Theses & Dissertations

The focus of this study is on individual juror's perceptions of juveniles that have been remanded to the adult court system for trial. Jurors are expected to be harsher on juveniles tried in adult court than they would be on adults who committed the same crime. Participants recruited from students in UNLV's criminal justice classes were given a short vignette of a crime where the defendant's age and severity of the crime were manipulated. Participants were also given a short packet of personality questionnaires. Participants were asked to make verdict recommendations and sentence the offender when a guilty verdict was …

Confronting The "Problem" Of Third Party Expenditures In United Kingdom Election Law, Andrew C. Geddis

Brooklyn Journal of International Law

No abstract provided.

Internet Communication Standards For The 21st Century: International Terrorism Must Force The U.S. To Adopt "Carnivore" And New Electronic Surveillance Standards, Seth R. Merl

Brooklyn Journal of International Law

No abstract provided.

Panel 1: Addressing Declining Rights In An Era Of Declining Crime, Carol Steiker, William J. Stuntz, Tracey Maclin, Robert L. Wilkins

Journal of Law and Policy

No abstract provided.

Substantial Activity And Non-Economic Commerce: Toward A New Theory Of The Commerce Clause, Jason Everett Goldberg

Journal of Law and Policy

No abstract provided.

The Technological Sniffing Out Of Constitutional Rights: Assessing The Constitutionality Of The Passive Alcohol Sensor Iii, Kim Han

Journal of Law and Policy

No abstract provided.

Lock Them Up And Throw Away The Key: How Washington's Violent Sexual Predator Law Will Shape The Future Balance Between Punishment And Prevention, Sarah E. Sperling

Journal of Law and Policy

No abstract provided.

Introduction: Towards Understanding South African Constitutionalism, Penelope Andrews, Stephen Ellmann

Articles & Chapters

No abstract provided.

The Constitution And Property: Due Process, Regulatory Takings, And Judicial Takings, Roderick E. Walston

Utah Law Review

Regulatory takings and judicial takings are judicial works in progress. The Supreme Court has charted a reasonably clear path out of the regulatory takings maze, one that allows the courts to redeem constitutional property protections by resorting to due process-like principles. The Court has not yet, however, confronted the divergence of its jurisprudence regarding judicial takings, nor indicated whether courts are subject to the same constitutional limitations that apply to legislative bodies. Thus, although the Court has significantly clarified the law since Justice Holmes announced in Pennsylvania Coal that government cannot go "too far" in regulating property, many significant takings …

As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …

Use Of Prescribed Fire| Identifying Perspectives And The Resulting Policy Implications, Michelle Dawn Anderson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White

Publications

No abstract provided.

Community Choice Between Volunteer And Professional Fire Departments, Alexia Brunet Marks, Larry Deboer, Kevin T. Mcnamara

Publications

No abstract provided.

Attitudes Toward Affirmative Action, John Summerhill Morris

Masters Theses

This article reports the results of a survey of individuals from Paris, Illinois. The survey was conducted in 1999 regarding their attitudes toward affirmative action.

Based on the survey research, the findings indicate that knowledge of affirmative action is a primary determinant of attitudes toward affirmative action. In addition, misperceptions about affirmative action also appeared to be a strong indicator as well. This study has implications for supporters of affirmative action as well as for the presidential race for 2000.

Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb

Faculty Articles

Washington State's sentencing reform in the early 1980s encompassed all felonies, including those resulting in sentences to prison and jail; the state also enacted the first and only sentencing guidelines for juvenile offenders. Several lessons are suggested from Washington's experience: sentencing guidelines can change sentencing patterns and can reduce disparities among offenders who are sentenced for similar crimes and have similar criminal histories; a sentencing commission does not operate as an independent political force, except when such delegation serves the legislature's purpose; guidelines are policy-neutral technologies that can be harnessed to achieve the legislature's will; in states where citizen initiatives …

State Of Utah V. Theodore Lopes : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE PETER F. LEARY, JUDGE, PRESIDING.

Gibb V. Dorius : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Kenneth W. Gibb V. Earl N. Dorius : Response To Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

PETITION FOR REHEARING FROM THE DECISION OF THE SUPREME COURT OF UTAH SUSTAINING THE JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE D. FRANK WILKINS, JUDGE, PRESIDING.

Ben P. Toone, Kent D. Fuller, Robert J. Fuller, Haynes R. Fuller, Roger E. Cannon V. Weber County, Weber County Commission, Commissioners Glen Burton, Ken Bischoff, Camille Caine, Mark Decaria, Rulon Jones : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Ben P. Toone, Kent D. Fuller, Robert J. Fuller, Haynes R. Fuller, And Roger E. Cannon, Plaintiffs/Appellants, Vs. Weber County, A Political Subdivision, The Weber County Commission And Commissioners Glen Burton, Ken Bischoff And Camille Caine, Mark Decaria, Weber County Attorney, Rulon Jones, An Individual, And John & Jane Does 1-10 : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A DECISION OF THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY HONORABLE MICHAEL D. LYON, DISTRICT JUDGE

Millennia Investment Corporation V. Attorneys' Title Guaranty Fund, Inc., And Granie Title And Insurance Agency, Inc. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM AN INTERLOCUTORY ORDER OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE J. DENNIS FREDERICK, DISTRICT JUDGE CIVIL NO. 000902574

State Of Utah V. Peter Foukas : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE SECOND JUDICIAL DISTRICT COURT, IN AND FOR DAVIS COUNTY, STATE OF UTAH, THE HONORABLE THORNLEY K. SWAN, JUDGE, PRESIDING

B.A.M. Development, Llc V. Salt Lake County : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY The Honorable Timothy R Hanson, District Judge

State Of Utah V. Kipp Phillips, Dennis Horn, And Jerry Mccright : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the judgment of the District Court of the Second Judicial District in and for the County of Weber, State of Utah, Honorable Calvin Gould, presiding.