Digital Commons Network^™

The Defense Team In Capital Cases, Jill Miller

Hofstra Law Review

No abstract provided.

The Professional Obligation To Raise Frivolous Issues In Death Penalty Cases, Monroe H. Freedman

Hofstra Law Review

Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term "frivolous" is narrowed, even in civil cases, by the way it is defined and explained in the ethical …

Competence, Culpability, And Punishment: Implications Of Atkins For Executing And Sentencing Adolescents, Barry C. Feld

Hofstra Law Review

No abstract provided.

And Into The Maelstrom Steps The United States Supreme Court: Licenses Are Not Property For Purposes Of The Mail Fraud Statute - Cleveland V. United States, Hadi S. Al-Shathir

Missouri Law Review

This Note will begin by providing a summary of the fact surrounding Cleveland v. United States. Following this synopsis is a brief discussion of the mail fraud statute, the property dilemma arising under the mail fraud statute, and issues relating to the federalization of crime. This Note will conclude by exploring the federalism implication of the Supreme Court’s holding in Cleveland v. United States, licenses are not property for purposes of the mail fraud statue.

Unexploded Bomb: Voice, Silence And Consequence At The Hague Tribunals -- A Legal And Rhetorical Critique, Timothy W. Waters

Articles by Maurer Faculty

This Article examines the decision by the ICTY Prosecutor not to investigate NATO's bombing campaign during the Kosovo war - and the Prosecutor's unusual decision to publish an Inquiry explaining its reasons. Many scholars have examined the Inquiry, but all have focused on its substantive legal analysis. This Article takes a different approach: It focuses on how the Prosecution reached the conclusion not to investigate. Using rhetorical analysis, it examines the Prosecution's decision-making mindset to see what that indicates about the shape of future international prosecutorial decision-making, including at the ICC.

There is no evidence that the Prosecution succumbed to …

2002-2003 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2002-2003 Committee on Academic Responsibility Annual Report. Additional annual reports are attached.

The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

Subtle Indiscretions - International Smuggling, Federal Criminal Law, And The Revenue Rule, Bradley R. Wilson

Cornell Law Review

No abstract provided.

The New Federalism, The Spending Power, And Federal Criminal Law, Richard W. Garnett

Cornell Law Review

No abstract provided.

Harmonizing Substantive-Criminal-Law Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas

Cornell Law Review

No abstract provided.

Bringing Moral Values Into A Flawed Plea-Bargaining System, Stephanos Bibas

Cornell Law Review

No abstract provided.

Structuring The Prosecutor’S Duty To Search The Intelligence Community For Brady Material, Mark D. Villaverde

Cornell Law Review

No abstract provided.

Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Review

No abstract provided.

Victim Impact Testimony And The Psychology Of Punishment, Janice Nadler, Mary R. Rose

Cornell Law Review

No abstract provided.

The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Review

No abstract provided.

Litigating With Victim Impact Testimony: The Serendipity That Has Come From Payne V. Tennessee, Richard Burr

Cornell Law Review

No abstract provided.

Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller

Cornell Law Review

No abstract provided.

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Review

No abstract provided.

2003-2004 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.

Spring Commencement, April 27, 2003, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Is Notice Required In A Title Ix Athletics Action Not Involving Sexual Harassment? , Diane Heckman

Marquette Sports Law Review

No abstract provided.

Remarks Of Seth P. Waxman At The Memorial Observance For Justice Byron R. White, United States Supreme Court, Washington, D.C., November 18, 2002, Seth P. Waxman

Catholic University Law Review

No abstract provided.

Divisionews (Winter 2003, Issue #11), American Society Of Criminology. Division On Women And Crime, Joanne Belknap, Kristin Winokur, Amy D'Unger, Alisa Smith, Susan Sharp, Amanda Burgess-Proctor, Angie Moe

Division on Women and Crime Documents and Correspondence

No abstract provided.

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Fordham Law Review

Law school clinics play an increasingly important role in training future lawyers and providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty often confront ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework for responding …

An Accuser-Obligation Approach To The Confrontation Clause, Sherman J. Clark

Nebraska Law Review

I. Introduction . . . . . 1258

II. Refocusing Confrontation Analysis . . . . . 1259

III. The Meaning of Confrontation . . . . . 1264

IV. A Witness-Focused Doctrine . . . . . 1271

A. The Unavailability Requirement . . . . . 1274

B. Dying Declarations . . . . . 1277

C. Declarations Against Interest . . . . . 1278

D. Child Witnesses . . . . . 1280

V . Conclusion . . . . . 1285

The Campus Crime And Security Report, V. 7 (Fall 2002), Illinois State University Police Department

Clery Act Annual Security Report

Illinois State University Police Department Annual Security Report

Criminal Procedure: Pretrial, Trial And Appeal, Edwin T. Aradi, Heather L. Peckham, Marcus G. Mungioli, Sara R. Grossman, Nicola M. Shields

SMU Law Review

No abstract provided.

Proxies For Loyalty In Constitutional Immigration Law: Citizenship And Race After September 11, Victor C. Romero

Faculty Scholarship

The purpose of this article is to share some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between birthright and naturalized citizens in the Presidential Eligibility Clause.

Reliability And The Admissibility Of Experts, Dale A. Nance

Faculty Publications

Modern law on expert testimony insists, as a condition of admissibility, that the asserted expertise be determined by the trial judge to be reliable. Reliability is usually characterized as a dichotomous attribute of evidence, as if expertise were either reliable or unreliable. This article argues that making progress in the development of meaningful and appropriate restrictions on the admissibility of expert testimony requires that we abandon this conceptualization and understand the implications of endorsing a gradational notion of reliability in which evidence can be more or less reliable and in which a comparative assessment of reliability is prominent. Consistent with …

Fear And Loathing In America: Application Of Treason Law In Times Of National Crisis And The Case Of John Walker Lindh, Suzanne Kelly Babb

UC Law Journal

Treason is the only crime defined in the Constitution. It occupies this notable position neither because the framers were particularly fearful of the effects of traitorous activities nor because they believed it to be far more heinous than all other crimes. Rather, the available historical notes, and the language of the provision itself, make clear that the reason the constitution's authors included a definition for the crime of treason was because they were concerned with what might happen to those accused of the crime if it were not carefully circumscribed. Treason is a loaded concept, carrying with it notions of …