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Once More Unto The Breach: The Inherent Liberalism Of The Criminal Law And Liability For Attempting The Impossible, John Hasnas

UC Law Journal

This Article provides a comprehensive re-analysis of one of the thorniest problems of criminal jurisprudence: when it is proper to convict a defendant who has attempted the impossible. Professor Hasnas begins by demonstrating that, contrary to received academic and judicial opinion, the common law defense of impossibility to a charge of attempt is both well-grounded and perfectly intelligible, being capable of accurate expression in a single sentence. He then accounts for the confusion regarding the defense by showing how the early courts that applied it were saying one thing while doing another, and how commentators and subsequent judges became misled …

Long On Substance, Short On Process: An Appeal For Process Long Overdue In Eyewitness Lineup Procedures, Michael R. Headley

UC Law Journal

Eyewitness identifications play an important role in the criminal justice system. However, the procedures surrounding these identifications are fraught with potential for error, and the Supreme Court has recognized the "vagaries of eyewitness identification." Over the past thirty years, researchers have established a considerable body of evidence demonstrating that simultaneous lineup procedures result in greater error than sequential lineups. Nevertheless, most law enforcement agencies persist in utilizing the simultaneous lineup procedure. This Note argues that the Due Process Clause mandates the implementation of sequential lineups on the basis of both a moral and an historical reading of the phrase "due …

Flawed Foreign Policy: Hypocritical U.S. Attitudes Toward International Criminal Forums, Joshua B. Bevitz

UC Law Journal

International criminal justice is on the verge of making a great leap forward. The 1998 Rome Treaty for an International Criminal Court [ICC], a treaty which creates a permanent international criminal court empowered to prosecute individuals accused of genocide and war crimes, is expected to go into effect by the end of 2002, when many believe the necessary sixty ratifications will be achieved. Unlike the majority of her allies, the United States is adamantly opposed to the ICC. In fact, Congress has passed legislation aimed at reducing the effectiveness of the ICC because the ICC is believed by the United …

Arbitrariness And Discrimination In The Administration Of The Death Penalty: A Legal And Empirical Analysis Of The Nebraska Experience (1973–1999), David C. Baldus, George Woodworth, Catherine M. Grosso, Aaron M. Christ

Nebraska Law Review

PART A ... I. Introduction ... II. Review of the Literature ... III. Law and Practice in the Nebraska Death Penalty System ... A. Judicial Sentencing ... B. Death Eligibility, Fact Finding, and the Weighing of Aggravation and Mitigation ... C. Comparative Proportionality Review ... 1. Proportionality Review in Penalty Trials ... a. Pre-1978 ... b. Post-1978 ... 2. Proportionality Review in the Nebraska Supreme Court ... a. Pre-1978 ... b. Post-1978 ... D. Prosecutorial Charging Practices ... E. The Implications of Ring v. Arizona for Capital Sentencing in Nebraska ... F. Conclusion

PART B ... IV. Methodology, Research Design, …

Index Of The House Of Representatives State Of Colorado: Sixty-Third General Assembly Third Extraordinary Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Federal Courts, Magistrate Judges, And The Pro Se Plaintiff, Lois Bloom, Helen Hershkoff

Faculty Articles

The literature on access to justice generally uses the term "legal assistance" to mean the provision of counsel, whether subsidized by the government or compensated by contingency fee or other arrangement, to a party who cannot afford representation. Access to justice, however, should also entail other forms of legal assistance, including a court structure that responds fairly and efficiently to claimants who lack the legal equipage needed to present their cases in an effective way. In this Article, we describe various institutional adaptations made by one federal district court in response to the increasing number of claims filed by pro …

Courting Disorder: Some Thoughts On Community Courts, Anthony C. Thompson

Faculty Articles

This Essay will use empirical and anecdotal data as well as existing literature on community courts to evaluate the effectiveness of these courts in achieving their stated objectives. In so doing, this Essay does not purport to evaluate all types of community courts. Nor will it attempt to provide an in-depth analysis of all the issues that surround the history, establishment, design, and operation of community courts. Rather, this Essay will identify certain representative problems that inevitably occur in these courts and will examine the extent to which the conflicts inherent in their operation prevent these courts from achieving their …

Minor Rights: The Adolescent Abortion Cases, Martin Guggenheim

Faculty Articles

This article focuses on two Supreme Court decisions (Planned Parenthood v. Danforth and Bellotti v. Baird) in which the Court redefined the entire conception of children's rights. The article suggests that the Supreme Court used a construct of children's constitutional "rights" to restrict the rights of children. By doing so, the Court decisively derailed an incipient children's rights movement that had the potential to liberate children from the dominion of adults. In Danforth, the Court considered for the first time the constitutionality of a state statute that contained a mandatory parental consent provision. The Court struck down that part of …

(E)Racing The Fourth Amendment, Devon W. Carbado

Faculty Articles

It's been almost two years since I pledged allegiance to the United States of America - that is to say, became an American citizen. Before that, I was a permanent resident of America and a citizen of the United Kingdom. Yet, I became a black American long before I acquired American citizenship. Unlike citizenship, black racial naturalization was always available to me, even as I tried to make myself unavailable for that particular Americanization process. Given the negative images of black Americans on 1970s British television and the intra-racial tensions between blacks in the U.K. and blacks in America, I …

Arms Control And National Security, John R. Burroughs, Jonathan Granoff, John H. Harrington, Bonnie D. Jenkins

The International Lawyer

No abstract provided.

Alumni News & Notes

Syracuse University Magazine

No abstract provided.

Explorations

Syracuse University Magazine

No abstract provided.

Reform Of California's Grand Jury System, Michael Vitiello, J. Clark Kelso

Loyola of Los Angeles Law Review

No abstract provided.

State Of Utah V. Clark Le Roy Bergeson : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Orders and Judgements of the First Judicial District Court for Box Elder County, The Honorable VeNoy Christoffersen and Omer J. Call, Judges

Notations For Subsequent Histories In Civil Cases, James Hambleton

Faculty Scholarship

Subsequent histories have been apart of Texas case citation since the turn of the century. For most of that time, the information for subsequent histories was gleaned from paper sources, including the Texas Subsequent History Tables and Texas Shepard's Citations. The subsequent history information available to practitioners from these sources was limited by the controlled set of notations used by legal publishers. With the advent of electronic sources, this set of notations has become inadequate. This article traces the history of civil case notations for subsequent history, explains why this system is no longer adequate, and proposes a revised system …

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

Faculty Scholarship

This article seeks to explore the possibility that a selective deportation of a same-gender partner who has overstayed her visa constitutes an outrageous case under the AADC test. Its modest goal is to discourage the INS from ever pursuing such a strategy, knowing that there are probably many who believe that same-gender overstays, even if civilly united in Vermont, are not the ideal candidates for "suspect class" status under U.S. constitutional law. That notwithstanding, common sense and sound doctrine suggest that, despite the many anti-gay and anti-immigrant decisions handed down over the last twenty years, the Court will not hesitate …

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White

Fordham Urban Law Journal

This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.

Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah

Fordham Urban Law Journal

This article argues that law school clinics are a means of providing positive change in representation in community development. Through a detailed case analysis of the Philadelphia Community Development Credit Union, the article illustrates how most technical assistance providers perpetuate an economic development structure which is contrary to consumer demand. These technical assistance providers carry out the goals and plans of the project funders (a top down approach) rather than focusing on the demands of the consumers. Community development clinics can step outside of the current market structure because they receive funding from independent sources and are thus able to …

The Birth Of A Problem-Solving Court, Rolando Acosta, Anne Swern, Lisa Schreibersdorf, Gloria Sosa-Lintner

Fordham Urban Law Journal

No abstract provided.

What The Data Shows, Carl Baar, Stephen Belenko, Aubrey Fox, Rachel Porter

Fordham Urban Law Journal

No abstract provided.

Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran

Fordham Urban Law Journal

No abstract provided.

The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin

Fordham Urban Law Journal

No abstract provided.

Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman

Fordham Urban Law Journal

No abstract provided.

The Agony Of Ecstasy: Reconsidering The Punitive Approach To United States Drug Policy, Amanda Kay

Fordham Urban Law Journal

No abstract provided.

What Works And What Does Not, Michael Rempel, Adele Harrell, Jeff Fagan, Barbara Babb

Fordham Urban Law Journal

No abstract provided.

Catholic Social Teaching And American Legal Perspective, Avery Cardinal Dulles, S.J.

Fordham Urban Law Journal

This Essay examines possible applications of Catholic social teachings to the practice and teaching of law. The author lists five major topics within Catholic social teaching: human dignity, the common good, solidarity, subsidiarity, and care of the environment. He then lists ways in which these ideals may be realized through the practice of law, including education, litigation, counseling, judging, and legislation.

Examining The Psychometric Properties Of The Toronto Alexithymia Scale -20 With A Sample Of Domestic Violence Offenders, Bernard James Kniery

All-Inclusive List of Electronic Theses and Dissertations

This study explores the psychometric qualities of the twenty-item Toronto Alexithymia Scale (TAS-20) with a sample of 262 men who have battered their female partners and have attended a court recommended domestic violence program. Specifically, this study explores the three-factor structure, proposed by the authors of the TAS-20 (Bagby et al., 1993; Bagby, et al., 1994a), with a sample of domestic violence offenders. The study seeks to determine if the subscales of the TAS-20 demonstrate internal consistency and if the variables of age,Education, and income correlate with alexithymia scores. The study also explores the relationship between alcohol and drug use …

Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare

Articles & Book Chapters

The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960s and 1970s, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have …

Front Matter, Prelaw Review

Brigham Young University Prelaw Review

No abstract provided.