Digital Commons Network^™

Concluding Remarks, Douglass Cassel

Northwestern Journal of Human Rights

No abstract provided.

The Growing Role Of Fortuity In Texas Criminal Law, Gerald S. Reamey

Faculty Articles

Texas’ recent departure from culpability based crimes now means luck plays a bigger role in the punishment for these crimes. Texas has departed from the traditional notion of punishment based on individual fault, and has arrived at a place where these “new” ways of conceptualizing criminal responsibility adequately and satisfactorily account for the interests served by a more restrictive definition of criminal fault. Traditionally, criminal responsibility attached only when mens rea combined with volitional conduct--or the withholding of some required act--to produce a public harm.

In Texas, there seems to be a trend to punish actors for the harm they …

Symposium - Legal Reform: The Role Of Public Institutions And Legal Culture, California Western International Law Journal

California Western International Law Journal

No abstract provided.

The Civil Rights Act Of 1964 And Coalition Politics, Sheryll D. Cashin

Saint Louis University Law Journal

No abstract provided.

No Means No: Weakening Sexism In Rape Law By Legitimizing Post-Penetration Rape, Dana Vetterhoffer

Saint Louis University Law Journal

No abstract provided.

Racial Threat, Urban Conditions And Police Use Of Force: Assessing The Direct And Indirect Linkages Across Multiple Urban Areas, Karen F. Parker, John M. Macdonald, Wesley G. Jennings, Geoffrey P. Alpert

Faculty Publications

Traditionally explanations of police use of force have relied on a racial threat perspective. Tests of this perspective, however, typically offer a single indicator of threat (the relative size of the black population) and fail to adequately take into account the complex relationship between racial threat and police use of force. Drawing on racial threat, social disorganization, and police use of force literature, this study hypothesizes that macro-level patterns in police use of force are embedded in the racial and structural composition of cities and the organizational climate of local politics and police departments. The present study examines these relationships …

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Focus Emu, October 4, 2005, Office Of Public Information

Focus EMU

No abstract provided.

Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

The History Of Capital Appeals In Massachusetts, William J. Meade

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

Open Discussion: Post-Trial Review

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak

Indiana Law Journal

No abstract provided.

Targeting Legal Advice, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Justice, Access To The Courts, And The Right To Free Counsel For Indigent Parents: The Continuing Scourge Of Lassiter V. Department Of Social Services Of Durham, Bruce A. Boyer

Loyola University Chicago Law Journal

No abstract provided.

Weighing Society's Need For Effective Law Enforcement Against An Individual's Right To Liberty: Swinney V. State And The Forth-Eight Hour Rule, Mark J. Goldberg

MC Law Review

Note

The University Of Texas Of The Permian Basin Spring 2005 Course Schedule, The University Of Texas Of The Permian Basin

Course Schedules

No abstract provided.

A Study Of The Number, Profile And Progression Routes Of Homeless Persons Before The Court And In Custody, Mairéad Seymour, Liza Costello

Reports

Research report commissioned by the Department of Justice, Equality and Law Reform, 2005.

Legal Reasoning, Phoebe C. Ellsworth

Book Chapters

For more than a century, lawyers have written about legal reasoning, and the flow of books and articles describing, analyzing, and reformulating the topic continues unabated. The volume and persistence of this "unrelenting discussion" (Simon, 1998, p. 4) suggests that there is no solid consensus about what legal reasoning is. Legal scholars have a tenacious intuition - or at least a strong hope - that legal reasoning is distinctive, that it is not the same as logic, or scientific reasoning, or ordinary decision making, and there have been dozens of attempts to describe what it is that sets it apart …

2005-2006 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.

Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.

A Criminal Procedure Regime Based On Instrumental Values: A Review Of 'About Guilt And Innocence: The Origins, Development, And Future Of Constitutional Criminal Procedure,' By Donald A. Dripps (Prager Publishers, 2003), Tracey Maclin

UF Law Faculty Publications

Like many legal academics, Professor Donald Dripps believes that the Supreme Court's criminal procedure doctrine is a mess. Dripps believes that the Court's doctrine "is in large measure responsible for the failure of the criminal-procedure revolution" and contends that "current doctrine does not reflect prevailing (and justified) values about criminal process." To prove his claim, Dripps has written a book that expertly identifies the flaws, inconsistencies and missteps of the Court's constitutional criminal procedure cases dating back to the adoption of the Fourteenth Amendment. "About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure" is a comprehensive …

Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown

UF Law Faculty Publications

This Article has identified and outlined the parameters of Black protectionism, a practice used by African-Americans to protect prominent community members who have been charged with criminal or unethical activity. This practice took root during slavery-during a time when a false or minor charge against one African-American could result in death or great bodily harm to him and scores of other African-Americans. History has cultivated a culture of Black mistrust of Whites in particular and mainstream society in general. This suspicion is reinforced with the continued disparate treatment of African-Americans within the criminal justice system. History and contemporary conditions explain …

Love And Architecture: Race, Nation, And Gender Performances Inside And Outside The State, Angela P. Harris

Cleveland State Law Review

In this essay, I will use the metaphor of "performance" to describe the complicated interplay of power and identity. Each of the essays in this Cluster, I suggest, is concerned with some facet of identity performance within the power fields of gender, race, and nation. Perry calls our attention to how skin color, though typically subsumed by "race" in legal discourse, is a resource for performing identity that in fact complicates our understanding of racial subordination. Nancy Ehrenreich and Nicholas Espiritu are concerned with how states mobilize individual and collective race and gender performances as a way of inciting and …

Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog

Cleveland State Law Review

The immutability factor is possibly the most disputed of the four factors of the Frontiero test, a test laid out by the Supreme Court to identify suspect classifications. Doctors and scientists have spent years studying sexual orientation, attempting to find the cause of homosexuality in order to determine whether or not sexual orientation may be changed. Unfortunately, the many studies have not provided a definitive answer to the question of immutability. This Note considers many of the psychological, hormonal, and more recent genetic studies and determines what the medical and scientific evidence means for homosexuals in their pursuit for equal …

Appellate Practice And Procedure, Alan Wright, Ladawn H. Conway, Debra J. Mccomas, Kendyl Hanks Darby

SMU Law Review

No abstract provided.

Personal Torts, Michael W. Shore, Judy Shore

SMU Law Review

No abstract provided.

Proving Discriminatory Intent In Selective Prosecution Challenges - An Alternative Approach To United States V. Armstrong, Kristin E. Kruse

SMU Law Review

No abstract provided.