Digital Commons Network^™

Evidence—Sixth Amendment And The Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach To The Confrontation Clause. Crawford V. Washington, 541 U.S. 36 (2004)., Kristen Sluyter

University of Arkansas at Little Rock Law Review

No abstract provided.

How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy

Fordham Urban Law Journal

This Article addresses the biases confronting sexual minorities in the legal system. The author calls upon the legal community including bar associations, judicial councils and conferences, and law schools to recognize that bias against sexual minorities exists and they should devote sufficient resources to allow for comprehensive study of this problem and for the education of the bar and the public. Furthermore, the Article points out that this bias against sexual minorities among key players in the legal system may actually be a factor in the imposition of the death penalty. The author points out the inattention this bias against …

Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby

Indiana Journal of Global Legal Studies

The Institute for Advanced Study Branigin Lecture

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …

Congressional Investigations And Their Effect On Subsequent Military Prosecutions, Michael J. Davidson

Journal of Law and Policy

No abstract provided.

A Half-Century Since Brown: The Legal Academy's Views Of Racism, Patrick Garry

Faculty Publications

No abstract provided.

Look What Katz Leaves Out: Why Dna Collection Challenges The Scope Of The Fourth Amendment, Justin A. Alfano

Hofstra Law Review

No abstract provided.

Seeking John Doe: The Provision And Propriety Of Dna-Based Warrants In The Wake Of Wisconsin V. Dabney, Corey E. Delaney

Hofstra Law Review

No abstract provided.

The Crimes Of Crime Labs, J. Herbie Difonzo

Hofstra Law Review

In November 2005, a man was convicted in New York City for a thirty-two-year-old rape. The circumstances were quite unusual, even for cold cases. The original 1974 trial had ended in a hung jury, and the defendant had jumped bail before his scheduled re-trial. He was apprehended in 2004 in Georgia on another charge, and a background check disclosed the open New York warrant. The crucial difference between the 1974 and 2005 trials was DNA evidence recovered from the underpants which the victim wore on the day of the crime, "found stuffed in the files in the Manhattan district attorney's …

The Vienna Convention On Consular Relations: Quo Vadis, America, Nicole L. Aeschleman

Santa Clara Law Review

No abstract provided.

Betrayal Of The Children With Dolls: The Broken Promise Of Constitutional Protection For Victims Of Race Discrimination, William J. Rich

Cornell Law Review

No abstract provided.

African Americans And Aboriginal Peoples: Similarities And Differences In Historical Experiences, David E. Wilkins

Cornell Law Review

No abstract provided.

Nonracialism As An Educational And World View: Lessons From South African Teachers, Alan Wieder

Cornell Law Review

No abstract provided.

Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page

Cornell Law Review

No abstract provided.

Our Inquisitorial Tradition: Equity Procedure, Due Process, And The Search For An Alternative To The Adversarial, Amalia D. Kessler

Cornell Law Review

No abstract provided.

Enforcing State Law In Congress’S Shadow, Robert A. Mikos

Cornell Law Review

No abstract provided.

Cabining The Discretion Of The Federal Bureau Of Prisons And The Federal Courts: Interpretive Rules, Statutory Interpretation, And The Debate Over Community Confinement Centers, Yana Dobkin

Cornell Law Review

No abstract provided.

The Impact Of Victim-Offender Familial Relationships On Capital Sentencing Outcomes, Katharine D. Evans

USF Tampa Graduate Theses and Dissertations

This study is an investigation of whether familial relationships among offenders and their victims affect capital sentencing. Using a sample of capital cases from North Carolina restricted to familial homicides, logistic regression models are used while controlling for legal and extra-legal factors that influence decision outcomes. Such models of capital sentencing are developed to (1) determine whether familial-victim cases have unique correlates; and (2) whether there are variations in the effects of these correlates across gender. Contradictory to these hypotheses, results suggest that acquaintance and stranger relationships are less likely to receive a capital outcome when compared to familial relationships. …

Self-Control, Gang Membership, And Victimization: An Integrated Approach To The Risk Factors Of Violent Victimization, Kristina Childs

USF Tampa Graduate Theses and Dissertations

This study integrates one of the most empirically tested individual characteristics (self-control) with situational factors (risky lifestyle) in an attempt to explain the risks involved in violent victimization. Data came from a diverse sample of 3,907 middle school students who participated in the G.R.E.A.T. program during the 1993-1994 school year. Gang membership is used as a proxy variable to measure risky lifestyle. It is hypothesized that 1) gang membership will mediate the effect of self-control on violent victimization and 2) self-control and gang membership will interact to amplify the risk of violent victimization.

Logistic regression was used to analyze the …

Curriculum Change 2005-2006, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.

Spring Commencement, April 23, 2005, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.

Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

Mental Disorder As An Exemption From The Death Penalty: The Aba-Irr Task Force Recommendations, Christopher Slobogin

Catholic University Law Review

No abstract provided.

Mentally Ill Prisoners On Death Row: Unsolved Puzzles For Courts And Legislatures, Richard J. Bonnie

Catholic University Law Review

No abstract provided.

Misuse Of The Grand Jury: Forcing A Putative Defendant To Appear And Plead The Fifth Amendment, Aaron M. Clemens

Seattle University Law Review

This article considers the propriety of an indictment of a person who was subpoenaed to testify before a grand jury at which the person invoked the Fifth Amendment privilege against self-incrimination on any questions relevant to the investigation and where the government knew that this person would assert the privilege. Part I explores the prosecutor's power to secure evidence and present it the grand jury. Part II describes how the Fifth Amendment's privilege against self-incrimination limits the prosecutor's power to secure evidence and present it to the grand jury. Part III applies the privilege to a situation where a prosecutor …

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries

Seattle University Law Review

The article explores the Crawford decision in the context of victimless prosecutions. Part II discusses current trends in victimless domestic violence prosecution and the power and control dynamics of domestic violence relationships, including how these dynamics relate to, and create the need for, victimless prosecutions. Part III discusses the Crawford decision. Part IV explores possible interpretations of Crawford within the context of victimless domestic violence prosecutions. Part V explains why courts should interpret Crawford in a way that allows prosecutors to continue to prosecute batterers without a participating victim.

Welcoming Remarks, Joseph L. Hoffmann, William J. Mead

Indiana Law Journal

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

The Americans With Disabilities Act: Correcting Discrimination Of Persons With Mental Disabilities In The Arrest, Post-Arrest, And Pretrial Processes, Jennifer Fischer

Minnesota Journal of Law & Inequality

No abstract provided.

Moral Accuracy And "Wobble" In Capital Sentencing, Scott E. Sundby

Indiana Law Journal

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