Digital Commons Network^™

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts

Hofstra Law Faculty Scholarship

No abstract provided.

State Of Utah V. Carl Alton Winfield : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A CONVICTION FOR AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-302 (West 2004), IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, UTAH, THE HONORABLE PAT B. BRIAN, PRESIDING

State Of Utah V. Mark Anthony Ott : Addenda, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

SUPPLEMENTAL ADDENDUM TO OPENING BRIEF OF APPELLANT

The State Of Utah V. Alex Montiel : Reply Brief Of Petitioner On Certiorari Review, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This writ of certiorari arises from a court of appeals' decision affirming the conviction of Aggravated Robbery, a first degree felony, in violation of Utah Code Ann. § 76-6-302 (1999), with an enhanced penalty pursuant to Utah Code Ann. § 76-3-203.1 (Supp. 2001), in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Timothy R. Hanson presiding.

State Of Utah V. Robert Brian Pedockie : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PETITIONER

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS

State Of Utah V. Alex Montiel : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF RESPONDENT

WRIT OF CERTIORARI FOLLOWING THE COURT OF APPEALS' AFFIRMANCE OF DEFENDANT'S CONVICTION FOR AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-302 (1999), WITH A GANG ENHANCEMENT PURSUANT TO UTAH CODE ANN. § 76-3-203.1 (SUPP. 2001), IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE TIMOTHY R. HANSON PRESIDING

Public Libraries And People In Jail, Kathleen De La Peña Mccook

School of Information Faculty Publications

Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.--Dr. Martin Luther King, Jr. Letter from Birmingham Jail, April 16, 1963. That detention can turn into a horror like that at Iraq's Abu Ghraib prison is hard to fathom, but incarceration of any sort always seems to exist on the edge of sanity, ready to transmute into grim, even fatal, encounters.[sup1] The inhumane treatment of prisoners in Iraq or Afghanistan is emblematic of the worst sort of pendulum swing …

Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

The State Of New York Does Exist: How States Control Compliance With International Law, Julian G. Ku

Hofstra Law Faculty Scholarship

Although most courts and commentators presume that the states disappear when it comes to foreign relations, states actually play a crucial role in fulfilling U.S. obligations under international law. In many circumstances, state governments are the only institutions responsible for carrying out treaty and customary international law obligations on behalf of the United States. Not only have states always played this role, but state control over the implementation of such obligations is likely to become even more important in the future because the implementation of many private international law and international human rights treaties is controlled by the states. This …

In Praise Of Statutes Of Limitations In Sex Offense Cases, James Herbie Difonzo

Hofstra Law Faculty Scholarship

This Article explores what happens when spectacular scientific breakthroughs are administered within a criminal justice system whose stance of impartiality is often undermined by sloppy or tainted analysis and testimony as it copes with the pressure to resolve an enormous backlog of DNA samples. A hypothetical case involving the problems an attorney might face in representing a client many years after an accusation of rape serves as the frame for a discussion of both the serious issues and suggested reforms. After this Introduction, Part II reconsiders the policy behind statutes of limitations, both as originally understood and in light of …

Determinants Of Reporting Sexual Assault In Pregnant Adolescents., Durinda N. Warren

All ETDs from UAB

No abstract provided.

Closing Pandora's Box: Sexual Predators And The Politics Of Sexual Violence, Eric S. Janus

Seton Hall Law Review

No abstract provided.

Face To Face With The Right Of Confrontation, Richard D. Friedman

Other Publications

This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.

The Process For Becoming A Law School Professor In The United States, Daniel H. Foote

Articles

As the process of legal education reform in Japan, centered on the establishment of a new tier of professional graduate schools in law, moves forward, one issue that has arisen is how law professors will be trained in coming years. In that connection, I am frequently asked what the typical route is for training law school professors in the US. Based in part on an examination of the backgrounds prior to entering law teaching for over 500 law professors at eight US law schools and on personal experiences (including serving for three years on the appointments committee at the University …

Powell, Wiggins, And Turow. Competent Counsel For The Capital Defendant, Chris Hutton

South Dakota Law Review

No abstract provided.

Crime, Law, And The Community: Dynamics Of Incarceration In New York City, Jeffrey A. Fagan

Faculty Scholarship

Random Family (LeBlanc 2003) tells the story of a tangled family and social network of young people in New York City in which prison threads through their lives since childhood. Early on, we meet a young man named Cesar, who sold small amounts of crack and heroin in the streets near his home in the Bronx. During one of his many spells in jail, Cesar sees his father pushing a cafeteria cart in the Rikers Island Correctional Facility, New York City’s jail. Cesar had not seen his father in many years, but he was not very surprised to see him …

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan

Faculty Scholarship

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the nearly twenty-year old case, New Jersey v. T.L.O. to most school searches. T.L.O. established a lower standard for searches of students by school officials, but it explicitly did not decide what standard the government must meet to justify school searches performed by police officers, creating a doctrinal starting point for advocates to raise challenges to searches involving police. More fundamentally, the T.L.O. Court based its decision on the presumption that firm gates separate public school …

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard Harcourt

Faculty Scholarship

New reporting requirements and data collection efforts by over four hundred law enforcement agencies across the country – including entire states such as Maryland, Missouri, and Washington – are producing a continuous flow of new evidence on highway police searches. For the most part, the data consistently show disproportionate searches of African-American and Hispanic motorists in relation to their estimated representation on the road. Economists, civil liberties advocates, legal and constitutional scholars, political scientists, lawyers, and judges are poring over the new data and reaching, in many cases, quite opposite conclusions about racial profiling.

Politics And International Justice In A World Of States, J. Peter Pham

Human Rights & Human Welfare

A review of:

War Crimes and Realpolitik: International Justice from World War I to the 21st Century by Jackson Nyamuya Maogoto. Boulder: Lynne Rienner Publishers, 2004. 267 pp.

Does Collaboration Matter? A Paradigm For Practical Educational Research, David Philip White

Plymouth Institute of Education Theses

What is the virtue in collaboration among practitioners in practical educational research? And if collaboration as elaborated here matters enough for us to care, how will our lives as practitioner-researchers be different? This thesis argues that collaborative research is more than a way of distributing the research burden; it forms a paradigm of practice which requires new modes of conduct andthinking. I illustratethetransformation of my practice from a collaborative methodology to a collaborative ethics, in which changes in status and relationships between participants implied new forms and sources of knowledge. The context of the thesis is a police training college …

Matching Provision To Needs : The Example Of Victim Support, Lesley Simmonds

Other Faculty of Arts, Humanities and Business Theses

The current study is an evaluation of a voluntary sector service, Victim Support. The focal points of this work are the impact of crime upon victims and the extent to which they feel that Victim Support, as a service provider, has helped to restore their sense of equilibrium. In this way the success of a community response to crime is considered. The research was undertaken between 1998 and 2002 and was largely based upon the work of one local scheme; Victim Support, Plymouth. The study included the views of service users (victims of crime) and those of service providers (paid …

2004 Lynn University Women's Volleyball Media Guide, Lynn University Athletics

Athletics Media Guides

The 2004 Lynn University Volleyball Media Guide is a production of the Lynn University Office of Sports Information, Ross Blacker, Director.

2003-2004 Lynn University Men's & Women's Basketball Media Guide, Lynn University Athletics

Athletics Media Guides

The 2003-2004 Lynn University Men's and Women's Basketball Media Guide is a production of the Lynn University Office of Sports Information, Ross Blacker, Director.

Countermajoritarian Hero Or Zero - Rethinking The Warren Court's Role In The Criminal Procedure Revolution, Corinna Barrett Lain

Law Faculty Publications

With last fall marking the fiftieth anniversary of Earl Warren's appointment as Chief Justice, enough time has passed to place the criminal procedure revolution in proper historical perspective and rethink the Court's role there as countermajoritarian hero. In the discussion that follows, I aim to do that by examining five of the revolution's most celebrated decisions: Mapp v. Ohio, Gideon v. Wainwright, Miranda v. Arizona, Katz v. United States, and Terry v. Ohio. In none of these cases, I argue, did the Supreme Court act in a manner truly deserving of its countermajoritarian image. To be clear, I do not …

Graduate Catalog 2004-2005, University Of North Florida

UNF Course Catalogs

No abstract provided.

Evaluating A Day Treatment Program For Children With Serious Emotional Disorders, Nicole Lynn Lee

Theses and Dissertations

The current study used a longitudinal design to evaluate a day treatment program for children with serious emotional disorder located in Richmond, Virginia (N = 101). Child and Adolescent Functional Assessment Scale (Hodges, 1984, 1999) results were analyzed from children who had attended the program for at least six months. Repeated Measures Analysis of Variance tests indicated that children attending YDT for nine months improved their overall functioning F(2, 217) = 26.23, p = .01 as well as their functioning at school F(3,279)= 10.822, p =.01, home F(3, 244) = 6.120, p = .01, and in the community F(3, 238) …

Introduction, Joel K. Goldstein

All Faculty Scholarship

Brown v. Board of Education [1] is the seminal case of the Twentieth Century. Mere mention of the case can start discussion on any number of topics, all important and all that relate to, or were importantly affected by, Brown. Some of those discussions relate to the immediate subject of Brown: Was state-imposed racially segregated public education a violation of the Equal Protection Clause? What is the nature of race relations in America? How close are we to achieving a racially just society? How fair is our system of public education? Others might focus on Brown for its impact on …

The Paradox Of Criminal Justice Education In The United States: A Study Of The Perceptions Of Criminal Justice Faculty As A Paradigm Of An Academic Discipline And The Congruence With The Literature, Daniel A. Posluszny

Seton Hall University Dissertations and Theses (ETDs)

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Gvsu Undergraduate And Graduate Catalog, 2004-2005, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2004-2005 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Articles

This article presents the inherent contradiction between a parent-child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift.

Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research.

In the …