Digital Commons Network^™

The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Utah V. Hittle : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

State Of Utah V. Rehan Hassan : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from judgments of conviction for two counts of aggravated burglary, first degree felony offenses under Utah Code Ann. § 76-6-203 (1999), and three counts of simple assault, class B misdemeanor offenses under Utah Code Ann. § 76-5-102 (1999), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Michael K. Burton, Judge, presiding.

State Of Utah V. Danny Richards : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT AND SENTENCE FOR ASSAULT, A CLASS B MISDEMEANOR, IN THE THIRD JUDICIAL DISTRICT, IN AND FOR SALT LAKE COUNTY STATE OF UTAH, THE HONORABLE JAY E. BANKS, JUDGE, PRESIDING.

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney

Hofstra Law Faculty Scholarship

This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …

Crack Babies And The Constitution: Ruminations About Addicted Pregnant Women After Ferguson V. City Of Charleston, Ellen Marrus

Villanova Law Review (1956 - )

No abstract provided.

New Voices On The War On Drugs - Foreword, Anne Bowen Poulin

Villanova Law Review (1956 - )

No abstract provided.

The Globalization Of Insider Trading Prohibitions, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.

Taxes Vs. Fees: A Curious Confusion, Hugh D. Spitzer

Articles

Provides an analytical framework for categorizing varoius types of taxes and user charges and distinguishing between them, applying both economic and legal concepts.

Prosecutorial Subornation Of Perjury: Is The Fair Justice Agency The Solution We Have Been Looking For, Carissa Hessick

South Dakota Law Review

No abstract provided.

"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog

Reviews

Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …

The Preventive Effects Of Arrest On Intimate Partner Violence: Research, Policy And Theory, Christopher D. Maxwell, Joel H. Garner, Jeffrey A. Fagan

Faculty Scholarship

This research addresses the limitations of prior analyses and reviews of five experiments testing for the specific deterrent effect of arrest on intimate partner violence by applying to individual level data consistent eligibility criteria, common independent and outcome measures, and appropriate statistical tests. Based on 4,032 cases involving adult males who assaulted their female intimate partners, multivariate regression analyses show consistent but modest reductions in subsequent offenses targeting the original victim that is attributable to arresting the suspect. Although the reductions attributable to arrest are similar across all five studies, other factors, such as the suspect's prior arrest record, are …

Policing Guns And Youth Violence, Jeffrey A. Fagan

Faculty Scholarship

To combat the epidemic of youth gun violence in the 1980s and 1990s, law enforcement agencies across the United States adopted a variety of innovative strategies. This article presents case studies of eight cities' efforts to police gun crime. Some cities emphasized police-citizen partnerships to address youth violence, whereas others focused on aggressive enforcement against youth suspected of even minor criminal activity. Still others attempted to change youth behavior through "soft" strategies built on alternatives to arrest. Finally, some cities used a combination of approaches. Key findings discussed in this article include:

• Law enforcement agencies that emphasized police-citizen cooperation benefited …

Racial Profiling Under Attack, Samuel R. Gross, Debra A. Livingston

Faculty Scholarship

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 of Justice 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, …

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

Faculty Scholarship

International treaty law occupies a more secure place in U.S. constitutional text than customary international law. Treaties, we know, are the “supreme law of the land” under Article VI of the Constitution and are routinely applied both in state courts and in federal courts under Article III. So the “awkward relationship” to which I will address myself is how U.S. courts should determine the meaning of an international treaty to which the United States is bound, when the parties involved in court have different views on the substance of the obligation that the United States has undertaken. Thus my general …

New Death Penalty Debate: What's Dna Got To Do With It, James S. Liebman

Faculty Scholarship

The nation is engaged in the most intensive discussion of the death penalty in decades. Temporary moratoria on executions are effectively in place in Illinois and Maryland, and during the winter 2001 legislative cycle legislation to adopt those pauses elsewhere cleared committees or one or more houses of the legislature, not only in Connecticut (passed the Senate Judiciary Committee) and Maryland (where it passed the entire House, and the Senate Judiciary Committee) but in Nevada (passed the Senate) and Texas (passed committees in both Houses). In the last year, abolition bills have passed or come within a few votes of …

Federal Courts, Overbreadth, And Vagueness: Guiding Principles For Constitution Challenges To Uninterpreted State Statutes, Mark L. Rienzi, Stuart Buck

Scholarly Articles

When a federal court is asked to declare an uninterpreted state law to be unconstitutionally overbroad or vague, it faces several tensions. On one side, the overbreadth and vagueness doctrines urge the court to strike down the statute on its face. On the other side, the related doctrines of constitutional avoidance, narrowing interpretations, abstention and certification all urge the court to find some way to save the statute at least as to some applications. But because of the cardinal principle that federal courts are not the final authority on the interpretation of state law, many federal courts err on the …

Controlling The Police: Local Autonomy In Policy And Practice, Richard John Applegate

Other Faculty of Arts, Humanities and Business Theses

This thesis assesses the influence of The Home Office, Her Majesty's Inspectorate of Constabulaiy, the Association of Chief Police Officers, the Audit Commission, the Local Police Authority, and the Chief Constable on local policy makers and impleinenters within the Devon & Cornwall Constabiilary. It is based on five policy areas: the structmre of the organisation. The Citizens' Charter, Annual Policing (now Performance) Plans, Domestic Violence Policy, and Equal Opportunities Policy. Unlike previous research, it brings together the issues of policy and practice at all levels of the organisation through interviews with senior managers in the Devon & Cornwall Constabulary and …

The Dangers Of Mediation In Domestic Violence Cases, Sarah Krieger

Cardozo Journal of Equal Rights & Social Justice

The note argues that mandatory mediation in family law cases involving domestic violence undermines the progress made by the battered women's movement by re-privatizing domestic violence issues. Mediation, while intended to resolve disputes amicably, fails to address the inherent power imbalance in abusive relationships and risks further victimizing survivors. The privatization of these disputes through mediation diminishes accountability for abusers and erodes legal protections for victims.

Jimmy Hoffa's Revenge: White-Collar Rights Under The Mcdade Amendment, John G. Douglass

Law Faculty Publications

I begin the Essay with a bit of comparative history. In Part I, I describe the death and burial of the Sixth Amendment no-contact rule espoused by Jimmy Hoffa. In Part II, I contrast the birth and expansion of an extra-constitutional no-contact rule under Model Rule 4.2 and the McDade Amendment. I begin with these contrasting histories because I believe they illustrate two critical points about the no-contact rule in criminal investigations. First, despite its place in codes of ethics, the no-contact rule in criminal investigations has little to do with ethics. Instead, today's debate over Rule 4.2 is simply …

Something For Everyone? The Future Of Comprehensive Criminal Justice Initiatives After Senate V. Jones And Manduley V. Superior Court, Mary-Beth Moylan

McGeorge School of Law Scholarly Articles

No abstract provided.

Official Privilege: State Security And The Right To A Fair Trial In The Usa, Stephen C. Thaman

All Faculty Scholarship

The emphasis of this paper is on the effect of the state claiming a privilege of national security in a criminal case, either to: (1) prevent the defendant from gaining discovery of classified information which could be important in defending against the criminal charges; or (2) prevent the defendant from introducing classified evidence in his/her own defense, access to which has usually been gained by virtue of the defendant’s own activity with the intelligence services (CIA, FBI) or other police agencies. The state often claims national security in situations where the state itself is either dealing with criminals or using …

Gvsu Undergraduate And Graduate Catalog, 2002-2003, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2002-2003 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

Rates Of Reversible Error And The Risk Of Wrongful Execution, James S. Liebman

Faculty Scholarship

Innocent fatalities are a concern of all social activity with a capacity to kill. This is especially true when the social activity is the death penalty since an innocent person's execution is not simply a tragic collateral consequence of activity with a non-fatal objective. Instead, the taking of life is the goal of the enterprise, and the killing is the intended act of the state.

There is another difference between accidental fatalities in other social activities and those that occur when the capital system miscarries. Typically, the former fatalities are easy to spot and quantify; the latter are not. Precisely …

The Effects Of Administrative Factors On Police Officer Job Performance, Irick Anthony Geary Jr.

Theses and Dissertations

The topic of police management and its effect on officer arrest rates is an important issue that has not received the level of attention it deserves. There is an abundance of available training and a push for better trained police executives. In the present study the relationship between police administrative factors and officer arrest rates are addressed using data from a national probability sample of police departments.

The study uses ordinary least squares regression to analyze the independent relationship between police administrative factors, as measured by the Law Enforcement Management and Administrative Statistics, and officer arrest rates, as measured by …

Unf Journal Winter 2002, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

An Analysis Of The Relationship Between Hate Crimes Reporting And Administrative Policies As They Relate To Community Policing., Everett Otto Elliott

Graduate Theses, Dissertations, and Problem Reports (ETD)

It has been 12 years since the passing of the Hate Crimes Statistics Act. Since that time much has been written about it. However, not many useful applications have been developed using the data that is collected. The author goes about identifying important discoveries made since 1990 about the nature of reporting hate crimes. The author also identifies problems with the reporting of hate crimes. By using a combination of the data from Hate Crime Statistics collected under the Uniform Crime Reports and data from the Sample Survey of Law Enforcement Agencies, the author hopes to be able to identify …

Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimène Keitner

Faculty Scholarship

No abstract provided.

Constitutional Law - Indian Law: The Ongoing Divestiture By The Supreme Court Of Tribal Jurisdiction Over Nonmembers, On And Off The Reservation, Kimberly Radermacher

North Dakota Law Review

No abstract provided.

The Vindication Of Hate Violence Victims Via Criminal And Civil Adjudications, Brian Levin

Journal of Hate Studies

Attempts by victims of hate violence to vindicate their claims through civil courts have a long history in the United States that predates the Civil War. The most notorious Supreme Court decision in American history commenced auspiciously in a St. Louis, Missouri county circuit court in two racially based tort actions on April 6, 1846. Slaves Dred and Harriet Scott petitioned Judge John Crum for permission to sue their owner and for “reasonable liberty” to effectively pursue their case. In an action remarkable for its time, Judge Crum granted the motions and stipulated that neither slave be removed from the …