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2004

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Institution
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Articles 1831 - 1860 of 2229

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Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2004

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2004

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen Jan 2004

Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen

Journal of Criminal Law and Criminology

No abstract provided.


A Reasoning-Process Review Model For Federal Habeas Corpus, Steven Semeraro Jan 2004

A Reasoning-Process Review Model For Federal Habeas Corpus, Steven Semeraro

Journal of Criminal Law and Criminology

No abstract provided.


The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas Jan 2004

The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas

Journal of Criminal Law and Criminology

No abstract provided.


Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman Jan 2004

Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman

Journal of Criminal Law and Criminology

No abstract provided.


Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff Jan 2004

Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff

Journal of Criminal Law and Criminology

No abstract provided.


Sentencing Reform Lessons: From The Sentencing Reform Act Of 1984 To The Feeney Amendment, Robert Howell Jan 2004

Sentencing Reform Lessons: From The Sentencing Reform Act Of 1984 To The Feeney Amendment, Robert Howell

Journal of Criminal Law and Criminology

No abstract provided.


Evidentiary Tactics: Selecting The “Best” Evidence To Simplify The Case, Edward J. Imwinkelried, David A. Schlueter Jan 2004

Evidentiary Tactics: Selecting The “Best” Evidence To Simplify The Case, Edward J. Imwinkelried, David A. Schlueter

Faculty Articles

In the early 1990s, the American Bar Association Special Committee on Jury Comprehension released the results of surveys of jurors. These jurors had participated in complex federal and state cases. The researchers asked the jurors what complaints they had against the attorneys who had tried the cases. By a wide margin, the primary complaint was that the litigators went overboard and swamped the jury with information, particularly an excessive number of exhibits.

At trial, the attorney must exorcise the demons of complexity and confusion. There are strategies and tactics that should be employed to reduce cases to manageable portions that …


Lifting The Veil On Punishment, Stephen P. Garvey Jan 2004

Lifting The Veil On Punishment, Stephen P. Garvey

Cornell Law Faculty Publications

When the state punishes a person, it treats him as it ordinarily should not. It takes away his property, throws him in prison, or otherwise interferes with his liberty. Theories of punishment try to explain why such harsh treatment is nonetheless morally permissible, if not morally obligatory. Such theories often seem to take for granted that the state in question is an upright one.

Among other things, the states in which we live fail, one might reasonably believe, to distribute wealth and power fairly among their citizens. Nor are the criminal justice systems they superintend flawless, not least of which …


Feasibility Study Of A Cognitive Behavioral Smoking Cessation Intervention For Adolescent Males In Residential Treatment, Flora Casallas Jan 2004

Feasibility Study Of A Cognitive Behavioral Smoking Cessation Intervention For Adolescent Males In Residential Treatment, Flora Casallas

PCOM Psychology Dissertations

The current study examined the effectiveness of a modified, empirically-based smoking cessation intervention, originally designed for teenagers in public school settings, but applied to actively smoking adolescents in residential treatment. The cognitive-behavioral intervention, developed by the American Lung Association (ALA, 2001) and researchers at West Virginia University, called Not-On-Tobacco (N-O-T), provides a total-health approach to helping teenagers quit smoking or to reducing the number of cigarettes smoked. The 10-session intervention was delivered over five consecutive weeks to eight adolescent males ranging in age 13 to 16 and in grades 8 to 10, living in a residential treatment community (RTC) located …


Corporations, Society, And The State: A Defense Of The Corporate Tax, Reuven S. Avi-Yonah Jan 2004

Corporations, Society, And The State: A Defense Of The Corporate Tax, Reuven S. Avi-Yonah

Articles

Corporations are both everywhere and nowhere. They are everywhere, first and foremost, on the economic scene: a large percentage of economic activity in the United States is effectuated through the corporate form. But the reach of corporations is far broader than that. Many of our other institutions, including universities, churches, hospitals, and other non-profit organizations, are in corporate form. Other salient features of our society, such as representative democracy, originated from the use of the corporate form in medieval England. Even the idea of the state itself originated in Roman and Medieval legal notions about corporate bodies.


Post- Gideon Developments In Law And Lawyering, Timothy Everett Jan 2004

Post- Gideon Developments In Law And Lawyering, Timothy Everett

Faculty Articles and Papers

No abstract provided.


The Effects Pre-School Attendance Has On Kindergarten Phonological Awareness Literacy Screening, Dennise M. Marcinko Jan 2004

The Effects Pre-School Attendance Has On Kindergarten Phonological Awareness Literacy Screening, Dennise M. Marcinko

OTS Master's Level Projects & Papers

The problem of this study was to determine if there is a relationship between students who do or do not attend pre-school and passing the fall kindergarten PALS test at Sedgefield Elementary School. The hypothesis is that students who attend preschool will have higher rates of passing the fall kindergarten PALS test than students who do not attend preschool.


The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley Jan 2004

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.


Cultural Impatience, Bruce Berner Jan 2004

Cultural Impatience, Bruce Berner

Law Faculty Publications

No abstract provided.


Sergio Llamas Rodriguez V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2004

Sergio Llamas Rodriguez V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM THE THIRD DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE ANTHONY B. QUINN


Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman Jan 2004

Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman

Law Faculty Scholarly Articles

Given the very significant role of constitutional law in the American political system and the fact that Supreme Court Justices are appointed through a political process, it is understandable that the appropriate judicial approach to resolving constitutional issues often is the subject of political commentary. Unfortunately, discourse by politicians concerning this issue seldom rises to the deserved level of wisdom. One of President George W. Bush's public mantras is illustrative of political commentary respecting federal judicial appointments: "I'm going to put strict constructionists on the bench." On its face, and as understood by politically naive audiences, the statement appears to …


Nealy W. Adams V. Utah : Reply Brief, Utah Court Of Appeals Jan 2004

Nealy W. Adams V. Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from an Order of the Second District Court, Weber Department, Honorable W. Brent West presiding


The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh Jan 2004

The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh

Cardozo Journal of Conflict Resolution

This Article will consider mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article will outline how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation's citizens as "justice." The Article will then highlight particular aspects of the changing picture of the American civil justice system to suggest that today's sprawling and multitiered structure is increasingly disengaged from its democratic roots. Finally, the Article …


Female Sexual Offenders-An Underexamined Population, Creaig Anthony Dunton Jan 2004

Female Sexual Offenders-An Underexamined Population, Creaig Anthony Dunton

Electronic Theses and Dissertations

Sex crimes are considered to be among the most damaging and heinous forms of social deviance in existence. Besides the acts perpetrated by the offenders, the social stigma attached to being victimized is often just as injurious to the victim. Society sees males as the sole perpetrators of acts of sexual abuse, but this is not the case. The extant literature shows that women, while fewer in number, also perpetrate acts of sexual abuse and assault against other adults and children. This thesis is a preliminary typology that classifies female sexual offenders based upon the acts perpetrated, using cases presented …


The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace Jan 2004

The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace

Journal of Criminal Law and Criminology

No abstract provided.


Capital Punishment, Execution Publicity And Murder In Houston, Texas, Lisa Stolzenberg, Stewart J. D'Alessio Jan 2004

Capital Punishment, Execution Publicity And Murder In Houston, Texas, Lisa Stolzenberg, Stewart J. D'Alessio

Journal of Criminal Law and Criminology

No abstract provided.


Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher Jan 2004

Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher

Journal of Criminal Law and Criminology

No abstract provided.


U.S. Domestic Prosecution Of The American International Sex Tourist: Efforts To Protect Children From Sexual Exploitation, Sara K. Andrews Jan 2004

U.S. Domestic Prosecution Of The American International Sex Tourist: Efforts To Protect Children From Sexual Exploitation, Sara K. Andrews

Journal of Criminal Law and Criminology

No abstract provided.


Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson Jan 2004

Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2004

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: You Are Entering A Gay And Lesbian Free Zone: On The Radical Dissents Of Justice Scalia And Other (Post-) Queers - [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard E. Harcourt Jan 2004

Foreword: You Are Entering A Gay And Lesbian Free Zone: On The Radical Dissents Of Justice Scalia And Other (Post-) Queers - [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard E. Harcourt

Journal of Criminal Law and Criminology

No abstract provided.


The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan Jan 2004

The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan

Journal of Criminal Law and Criminology

No abstract provided.


The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu Jan 2004

The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu

Journal of Criminal Law and Criminology

No abstract provided.