Digital Commons Network^™

Hooding The Jury, Jonathan Bridges

University of San Francisco Law Review

No abstract provided.

Insights- May 2001, University Relations Staff

Insights

No abstract provided.

Insights- September 2001, University Relations Staff

Insights

No abstract provided.

Insights- December 2001, University Relations Staff

Insights

No abstract provided.

The History Behind Athlete Agent Regulation And The Slam Dunking Of Statutory Hurdles, Diane Sudia

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Confronting The Agency In Battered Mothers, Elaine M. Chiu

Faculty Publications

Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse …

Criminal Law In Cyberspace, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Two of the most talked-about crimes of the year, the ILoveYou computer worm and the denial of service attacks on Yahoo, eBay, and ETrade, suggest that a new form of crime is emerging: cybercrime. Thousands of these crimes occur each year, and the results are often catastrophic; in terms of economic damage, the ILoveYou worm may have been the most devastating crime in history, causing more than $11 billion in losses.

This paper asks how cybercrime is best deterred. It identifies five constraints on crime - legal sanctions, monetary perpetration cost, social norms, architecture, and physical risks - and explains …

Peer-To-Peer Sharing On The Internet: An Analysis Of How Gnutella Networks Are Used To Distribute Pornographic Material, Michael D. Mehta, Don Best, Nancy Poon

Canadian Journal of Law and Technology

By our very nature, humans are creatures that communicate and network. Over the past several decades much of this communicating and networking has been facilitated by developments in information and communication technology. The social and economic transformations resulting from developments on the Internet have created several challenges for policymakers, lawmakers, courts and a wide range of other kinds of institutions. Some of these challenges are associated with the technologies and applications themselves. Other challenges result from content made available on the Internet and how users exchange data. Recent developments in peer-to-peer data exchange bring these two sets of challenges together.

Assessing American Objections To The International Criminal Court, Matthew C. Roeser

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Journal Articles

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Moving Virginia Into The Forefront Of Innovation And Progress, James S. Gilmore Iii

University of Richmond Law Review

It is a great honor to write the Foreword to the University of Richmond Law Review's Annual Survey of Virginia Law for the second successive year. The University of Richmond has consistently been one of the finest institutions of higher education not only in Virginia, but throughout the United States. The Law School shares that proud tradition, and so does this Survey, which is now in its seventeenth year of publication.

A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel

Journal Articles

The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.

Self-Incrimination And The Non-Resident Alien, Roberto Iraola

Pace Law Review

No abstract provided.

Pueblo Of Laguna Tribal Government Profile, Kim Coco Iwamoto, Frank Cerno Jr.

Tribal Law Journal

Pueblo of Laguna Tribal Government Profile by Kim Coco Iwamoto, provides readers with an overview of the Pueblo of Laguna Tribal Government. Iwamoto's profile contains information on the Pueblo's traditional law, governance, dispute resolution, and extratribal law.

Book Reviews, Mike Jenuwine, Robert B. Bloom, Jane E. Barden

Journal Articles

Book Reviews

• Roberrt, B. Boom, Lives of Moral Leadership, by Robert Coles. Random House: New York, NY, 2000, 247 pages.
• Jane E. Borden & Michael J. Jenuwine, Ordinary Resurrections: Children in the Years of Hope,  by Jonathan Kozol.New York, Crown Publishers, 2000. 388 pages.  

Voluntary Campaign Finance Reform, John Copeland Nagle

Journal Articles

Any effort to achieve voluntary campaign finance reform raises two questions: Is it really voluntary, and does it really work? In Part I of this Essay, I examine the voluntariness of "voluntary" campaign finance reform. Agreements like that reached by Clinton and Lazio last year—what I term "purely voluntary agreements"—satisfy most legal tests for voluntariness. By contrast, the voluntariness of spending limits and other campaign restrictions that are imposed as a condition for receiving government funding of a political campaign—what I term "governmentally induced agreements"—is more doubtful. The extant jurisprudence recognizes that Buckley prohibits governmental actions that are more coercive …

Chasing Bits Across Borders, Patricia L. Bellia

Journal Articles

As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …

The Stealth Assault On Antitrust Enforcement: Raising The Barriers For Antitrust Injury And Standing, Joseph P. Bauer

Journal Articles

The first Annual Conference sponsored by the American Antitrust Institute featured a number of prominent speakers and explored a number of important issues. The Conference had two principal focuses: substantive questions of antitrust liability and the future direction of public enforcement of the antitrust laws by the Department of Justice's Antitrust Division and by the Federal Trade Commission. However, an issue of at least equal importance was barely discussed, although it has seriously affected the scope and direction of the antitrust laws. That issue: Private enforcement of the antitrust laws, and the significant undermining of those efforts by a number …

Capital Punishment: A Selected Bibliography, Pat Newcombe

Faculty Scholarship

No abstract provided.

Symposium - Bidding Adieu To The Clinton Administration: Assessing The Ramifications Of The Clinton "Scandals" On The Office Of The President And On Executive Branch Investigations

Maryland Law Review

No abstract provided.

Paradise Losts: The Clinton Administration And The Erosion Of Executive Privilege, Jonathan Turley

Maryland Law Review

No abstract provided.

Monica Lewinsky, Impeachment, And The Death Of The Independent Counsel Law: What Congress Can Salvage From The Wreckage - A Minimalist View, Ken Gormley

Maryland Law Review

No abstract provided.

Burch V. State: Maintaining The Jury's Traditional Role As The Voice Of The Community In Capital Punishment Cases, Carrie A. Dannenfelser

Maryland Law Review

No abstract provided.

Future Dangerousness In Capital Cases: Always "At Issue", John H. Blume, Stephen P. Garvey, Sheri Lynn Johnson

Cornell Law Faculty Publications

Under Simmons v. South Carolina, a capital defendant who, if not sentenced to death, will remain in prison with no chance of parole is constitutionally entitled to an instruction informing the jury of the fact, but only if the prosecution engages in conduct that places the defendant's future dangerousness "at issue." Based on data collected from interviews with South Carolina capital jurors, Professors Blume, Garvey and Johnson argue that future dangerousness is on the minds of most capital jurors, and is thus "at issue" in virtually all capital trials, regardless of the prosecution's conduct. Accordingly, the authors argue that …

Introduction: Issues Of Post-Communist Transition, Stephen R. Bowers, Marion T. Doss, Jr.

Faculty Publications and Presentations

No abstract provided.

Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez

Kentucky Law Journal

No abstract provided.

A Jurisdictional Quandary: Challenges Facing Tribal Governments In Implementing The Full Faith And Credit Provisions Of The Violence Against Women Acts, Melissa L. Tatum

Kentucky Law Journal

No abstract provided.

Federal Money Laundering Crimes-Should Direct Tracing Of Funds Be Required?, Joseph R. Miller

Kentucky Law Journal

No abstract provided.

Informing Capital Juries About Parole: The Effect On Life Or Death Decisions, C. Lindsey Morrill

Kentucky Law Journal

No abstract provided.

Mapp Goes Abroad, Craig M. Bradley

Case Western Reserve Law Review

No abstract provided.