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Annual Report Of Research And Creative Productions By Faculty And Staff From January To December, 2001., Office Of Research And Sponsored Programs. Morehead State University.

Office of Research and Sponsored Programs Reports and Publications

Annual Report Of Research and Creative Productions by Faculty and Staff from January to December, 2001.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

The Shattered Mirror: Identity, Authority, And Law, Lawrence M. Friedman

Washington and Lee Law Review

No abstract provided.

Children Should Be Seen And Heard In Florida Custody Determinations, Randi L. Dulaney

Nova Law Review

No abstract provided.

Toward A New Legal Realism (Reviewing Behavioral Law And Economics By Cass R. Sunstein), Daniel A. Farber

University of Chicago Law Review

No abstract provided.

Can You Be A Good Person And A Good Prosecutor?, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Somehow, it is understood that prosecutors have the high ground. Most people simply assume that prosecutors are the good guys, wear the white hats, and are on the "right" side. Most law students contemplating a career in criminal law seem to think this. It could be that most practicing lawyers think this, as well.

Prosecutors represent the people, the state, the government. This is very noble, important, and heady stuff. Prosecutors seek truth, justice, and the American way. They are the ones who stand up for the victims and would-be victims, the bullied and battered and burgled. They protect all …

Modeling: Placing Persuasion In Context, Myra G. Orlen

Faculty Scholarship

The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.

Can Constitutional Error Be Harmless?, David R. Dow, James Rytting

Utah Law Review

Chapman v. California held that federal constitutional error in a state criminal proceeding does not require reversal if the state can establish that the error was harmless. Writing about Chapman several years after it was decided, Professor Daniel J. Meltzer observed that in fact the case had decided two propositions: first, that constitutional errors can be deemed. harmless; and second, that federal law determines the issue of harmlessness. Professor Meltzer then focused exclusively on the second proposition, concluding that it was sound. In this Article, we focus on the first. We will demonstrate that harmless error doctrine is conceptually incoherent. …

History And Application Of The Plain Error Doctrine In Utah, Robert J. Labrum

Utah Law Review

It is a general rule in the judicial system that any issues to be argued on appeal must first be raised in the court below. However, sometimes circumstances arise where despite counsel's failure to make proper objections, the appeal should be heard to further the interests of justice. The plain error doctrine is one of the tools that Utah appellate courts use to allow issues to be raised for the first time on appeal. Yet, in spite of the fact that the plain error doctrine has been recognized in Utah for over sixty years, Utah courts have had difficulty using …

Recent Developments In Utah Law, Utah Law Review Staff

Utah Law Review

No abstract provided.

Beyond Personhood And Autonomy: Moral Theory And The Premises Of Privacy, Aaron J. Rappaport

Utah Law Review

This Article constitutes a challenge to the view that the Court's privacy jurisprudence is unprincipled and incoherent. My claim, in contrast, is that the jurisprudence has a core logic. It is a logic based on a series of interlocking premises-a moral principle of perfectionism, a political premise of liberty, an institutional premise of judicial review, and a prudential concern for tradition. One who embraces all of these premises, in the way described, will have a plausible basis for believing that the Court's jurisprudence is morally justified.

Distrust And Discovery: The Impending Debacle In Discovery Of Rape Victims' Counseling Records In Utah, Tera Jckowski Peterson

Utah Law Review

This painful narrative may represent a dramatically commonplace monologue by a rape victim to a mental health therapist, expressing feelings of deep embarrassment, guilt, stigmatization by society, and even self-blame. In fact, rape victims' most common response to rape is the belief that they are somehow responsible for the attack. Therapists persuade rape victims to disclose this fear in order to help them heal from the psychological effects of the assault. Because of the intimate and deep damage sexual assault inflicts on its victims, "[e]ffective psychotherapy depends upon an atmosphere of confidence and trust in which the patient is willing …

Youth Interrogations And The Utah Constitution, Troy L. Booher

Utah Law Review

Currently there are two approaches to determining whether youth act voluntarily to waive Miranda rights or confess to crimes, per se rules and totality tests. As they are applied, neither approach is fully adequate. Per se rules can cripple legitimate law enforcement efforts to interrogate youth by demanding that third parties become involved. Also, there is no guarantee that those who are present on behalf of youth, especially parents, will act in the best interest of youth. Moreover, some youth simply are as capable as adults of voluntarily both waiving Miranda rights and confessing to crimes, and per se rules …

Alumni Newsletter - Issue No. 75, University Of Maine School Of Law

Maine Law Magazine

• Inside front Cover: tribute to David Gregory
• Dean’s Column
• Cumberland Legal Aid Clinic
• Around Campus
• Faculty News
• Alumni News

The Boynton Beach Juvenile First Offender Program: Does It Really Work?, Andrew M. Rosenberg

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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Desk Set: Ready Reference On The Web, Beth Juhl

University Libraries Faculty Publications and Presentations

No abstract provided.

2000 Legislative Review, Alicia Finigan

Animal Law Review

Our third Legislative Review reports the passage and de- feat of several state and federal, administrative and legislative actions. Ms. Laurie Fulkerson has researched and written on four major pieces of federal legislation; Mr. Chris Brown has discussed additional federal advances, and a re­view of state initiatives which both advance and undermine animal welfare; Ms. Amy Baggio has reviewed the passage of state anti-cruelty statues. Finally, Ms. Alicia Finigan has reported on the United State's Pelly Amendment certifica­tion of Japan for violating the International Whaling Com­mission's resolution to cease its illusory "research whaling" for minke, sperm and Bryde's whales.

Index: Sports Law In Law Reviews And Journals

Marquette Sports Law Review

No abstract provided.

Police In Schools: The Struggle For Student And Parental Rights, Norberto Valdez, Marcia Fitzhorn, Cheryl Matsumoto, Tracey Emslie

Denver Law Review

No abstract provided.

State Violence, And The Social And Legal Construction Of Latino Criminality: From El Bandido To Gang Member, Mary Romero

Denver Law Review

No abstract provided.

Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett

Richmond Public Interest Law Review

The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …

Harm Reduction In The Health Care System: The Legality Of Prescribing And Dispensing Syringes To Drug Users, Scott Burris, Peter Lurie, Mitzi Ng

Health Matrix: The Journal of Law-Medicine

No abstract provided.

An Analysis Of Ethical Issues In Prescribing And Dispensing Syringes To Injection Drug Users, Zita Lazzarini

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Genesis Of Syringe Prescription To Prevent Hiv In Rhode Island, Josiah D. Rich, Michelle Mckenzie, Grace Macalino, Valgerdur Runnarsdottir

Health Matrix: The Journal of Law-Medicine

No abstract provided.

2001-2002 Graduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

No abstract provided.

Provocateurs For Justice, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Clinical legal education offers unique opportunities to inspire law students to commit to justice. Merely providing a justice experience is not enough. We must provoke a desire to do justice in our students. As provocateurs, we determine where our students are in the developmental process toward "justice readiness." This article outlines those developmental stages and suggests interventions to assist students in their transition from stage to stage. Being "justice ready" requires sensitivity to the ways in which assumptions color all aspects of our cases. The article closes with suggestions and examples of how to critically reflect on assumptions that hinder …

No Equal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

I argue that while our criminal justice system is explicitly based on the premise and promise of equality before the law, the administration of criminal law—whether by the officer on the beat, the legislature, or the Supreme Court—is in fact predicated on the exploitation of inequality. My claim is not simply that we have ignored inequality’s effects within the criminal justice system, nor that we have tried but failed to achieve equality there. Rather, I contend that our criminal justice system affirmatively depends on inequality. Absent race and class disparities, the privileged among us could not enjoy as much constitutional …

When All Else Fails, Blame The Parents: An Analysis Of Parental Responsibility Laws In Canada, Michelle Roy

Dalhousie Journal of Legal Studies

On August 15, 2000, The Parental Responsibility Act, 2000 became law in Ontario. This Act holds parents financially accountable for any property destruction or damage intentionally caused by their children who are under the age of 18. Three years earlier, in 1997, Manitoba was the first province in Canada to introduce a separate act which makes parents legally responsible for the wrongful acts of their children. This paper compares the existing parental responsibility laws in Canada with those in the United States in an attempt to discern both the benefits and limitations of holding parents legally accountable for the actions …