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Articles 2011 - 2040 of 2538
Full-Text Articles in Entire DC Network
Serving Two Masters: Evaluating The Criminal Or Civil Nature Of The Vwpa And Mvra Through The Lens Of The Ex Post Facto Clause, The Abatement Doctrine, And The Sixth Amendment, Brian Kleinhaus
Fordham Law Review
No abstract provided.
Lethal Decisions: Examining The Role Of Prosecutorial Discretion In Capital Cases In South Dakota And The Federal Justice System, Nicci Lovre-Laughlin
Lethal Decisions: Examining The Role Of Prosecutorial Discretion In Capital Cases In South Dakota And The Federal Justice System, Nicci Lovre-Laughlin
South Dakota Law Review
No abstract provided.
The Edge, Spring 2005, Eastern Michigan University
The Edge, Spring 2005, Eastern Michigan University
Alumni News: Eastern Magazine
No abstract provided.
Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory
Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory
William Mitchell Law Review
This note explores the history behind the rising costs of medical malpractice insurance rates and the responsive state legislative proposals to limit noneconomic damages. The current state of health care liability and the recent federal proposals that include caps on noneconomic damages are then discussed. This note analyzes the reasons why the federal government should not cap noneconomic damages, primarily because: (1) states are better able to regulate health care, (2) noneconomic damages are not the determinate cause of rising medical malpractice insurance rates, and (3) caps infringe on equal protection guarantees by limiting compensation of medical malpractice victims. This …
Note: The Legislature Should Clean Up Its Act—The Minnesota Citizens’ Personal Protection Act, A Dnr Technical Bill, And The Single-Subject And Title Clause Of The Minnesota Constitution, Melissa M. Milbert
William Mitchell Law Review
This note explores the Ramsey County District Court’s decision in Unity Church v. Minnesota recently affirmed by the Minnesota Court of Appeals. This note does not, however, debate the merits of Minnesota’s conceal-and-carry law. Part II traces the legislative path taken by both the natural resource and conceal-and-carry bills. Part II surveys the history of the single-subject and title clause of the Minnesota Constitution and the evolution of the Minnesota Supreme Court’s interpretation of the clause since its enactment. Part III summarizes the factual and procedural posture of the Unity Church decision. Part IV then contends that the legislature’s enactment …
Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze
Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze
William Mitchell Law Review
This article explains Minnesota’s expungement law and analyzes a recent Minnesota Court of Appeals decision that limits the expungement remedy. Specifically, this article begins by examining the effects of a criminal record and the purposes of expungement.8 An expungement’s main purpose is to seal an individual’s criminal record from public view, thereby allowing the individual to fully reintegrate into society. This article then provides an overview of current expungement law and its history. This article also explains different types of criminal records and the different mechanisms used to seal each type of record. The focus of this article is on …
Controversy In The Courtroom: Implications Of Allowing Jurors To Question Witnesses, Alayna Jehle, Monica K. Miller
Controversy In The Courtroom: Implications Of Allowing Jurors To Question Witnesses, Alayna Jehle, Monica K. Miller
William Mitchell Law Review
No abstract provided.
Child Witnesses: Common Ground And Controversies In The Scientific Community, Livia L. Gilstrap, Kristina Fritz, Amanda Torres, Annika Melinder
Child Witnesses: Common Ground And Controversies In The Scientific Community, Livia L. Gilstrap, Kristina Fritz, Amanda Torres, Annika Melinder
William Mitchell Law Review
No abstract provided.
The Conflicted Treatment Of Postpartum Psychosis Under Criminal Law, Cristie L. March
The Conflicted Treatment Of Postpartum Psychosis Under Criminal Law, Cristie L. March
William Mitchell Law Review
No abstract provided.
The Risky Business Of Conducting Risk Assessments For Those Already Civilly Committed As Sexually Violent Predators, John Matthew Fabian
The Risky Business Of Conducting Risk Assessments For Those Already Civilly Committed As Sexually Violent Predators, John Matthew Fabian
William Mitchell Law Review
No abstract provided.
The Jurisprudence Of Justice Esther Tomljanovich: Balancing The Scales Of Justice, Ann L. Iijima
The Jurisprudence Of Justice Esther Tomljanovich: Balancing The Scales Of Justice, Ann L. Iijima
William Mitchell Law Review
No abstract provided.
When The Bough Breaks: Traumatic Paralysis—An Affirmative Defense For Battered Mothers, Geneva Brown
When The Bough Breaks: Traumatic Paralysis—An Affirmative Defense For Battered Mothers, Geneva Brown
William Mitchell Law Review
No abstract provided.
Notes: Rethinking Retroactivity, Robert J. Jackson Jr.
Notes: Rethinking Retroactivity, Robert J. Jackson Jr.
Faculty Articles
This Note takes up Justice Harlan's admonition that "[r]etroactivity must be rethought."' In Part II, the Note begins by tracing the jurisprudential font of Teague's test for retroactivity - the reasoning of Justice Harlan's opinions in Desist v. United States and Mackey v. United States, which the Teague Court explicitly adopted in articulating the test for retroactive application of procedural rules. The Note argues that Justice Harlan's concerns in Mackey did not include the normative considerations that properly govern the retroactive application of new rules on collateral review. Because Mackey's concern with what is "fundamental" is as analytically unavailing in …
Administering Crime, Rachel E. Barkow
Administering Crime, Rachel E. Barkow
Faculty Articles
Although agencies are the dominant force in criminal law today, existing scholarship has largely failed to analyze how these bodies perform as agencies. We know little about how the institutional design of these agencies affects their output or whether the politics of regulation are different when an agency is responsible for the regulation of criminal justice issues as opposed to traditional regulatory areas. This Article takes up that task by evaluating the agencies charged with regulating one of the most important aspects of criminal law: sentencing. Many reformers turned to agencies to regulate sentencing because they did not trust the …
Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal
Faculty Scholarship
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …
Planning Release: An Evaluation Of The Allegheny County Jail Project, Rae Dorer
Planning Release: An Evaluation Of The Allegheny County Jail Project, Rae Dorer
Electronic Theses and Dissertations
The goal of the Allegheny County Jail Project is to allow inmates to maintain social bonds by obtaining meaningful employment and reduce the rate of recidivism. The rates of recidivism were evaluated for the Allegheny County Jail Project and then compared to the rate of recidivism of the general population of the Allegheny County Jail to measure the success of the program. A population of 126 enrollees, the first and second year enrollees of the program combined, was selected for this evaluation from September 2001 to June 2003, and then a follow up of one year was conducted to find …
Effects Of Emotional Intelligence Training On Incarcerated Adult Males Involved In Pre-Release Programming, Holly Moore
Effects Of Emotional Intelligence Training On Incarcerated Adult Males Involved In Pre-Release Programming, Holly Moore
Electronic Theses and Dissertations
This dissertation summarizes a study conducted to explore the effectiveness of emotional intelligence (EI) training for adult male inmates. Acts of crime and violence cause psychological repercussions to crime victims and financial burdens on our society. Historically, those involved in the criminal justice system have strived to gather knowledge about criminal behavior in order to guide interventions. Furthermore, research on potential interventions has been encouraged in order to support evidence-based rehabilitative efforts that may ultimately impact recidivism. Emotional intelligence is a relatively new construct that may be related to social functioning. The purpose of this study was to investigate the …
Greater Syracuse Community Indicators, 2005, Syracuse University. Maxwell School. Community Benchmarks Program
Greater Syracuse Community Indicators, 2005, Syracuse University. Maxwell School. Community Benchmarks Program
Community Benchmarks Program
The Greater Syracuse Community Indicators Report is a snapshot of Onondaga County portraying trends of the time and opportunities for the future. Community Indicators 2005 is the first update since the 2000 Indicators Report and presents the most recent available data. It is essentially a list of measurements which show where we are advancing as a community and where we are not. These measurements were collected from professionals with access to pertinent data concerning the issues that impact our daily lives. You will find their names and affiliations on the last page. Information was gathered by Samantha Long, Syracuse University …
University Place, Amy Speach Shires, David Marc, Margaret Costello, Ashley Sterne, Osasu Airhiavbere, Kathleen Haley, Kelly Homan Rodoski, Julie Andrews, Husna Haq
University Place, Amy Speach Shires, David Marc, Margaret Costello, Ashley Sterne, Osasu Airhiavbere, Kathleen Haley, Kelly Homan Rodoski, Julie Andrews, Husna Haq
Syracuse University Magazine
No abstract provided.
Do Free Markets Create Free Societies?, Samuel Krislov
Do Free Markets Create Free Societies?, Samuel Krislov
Syracuse Journal of International Law and Commerce
The notion that markets lead to law and freedom is said to have originated in Adam Smith's work and rooted in history. Both the progression and roots seem highly problematic. Neo-Smithian approaches have been refurbished by general acceptance of a contingent nature of the relation. They have also been enhanced by the failures of European Marxist economics in ways predicted with uncanny accuracy. On the other hand, neo-classical claims of democratic welfare system were only a step away from similar failures, which have been refuted. Hopes that an international system might impose democracy from outside the nation-state are overly optimistic. …
Tort Reform And Judicial Selection, Anthony Champagne
Tort Reform And Judicial Selection, Anthony Champagne
Loyola of Los Angeles Law Review
No abstract provided.
Book Review Of James Q. Whitman’S “Harsh Justice: Criminal Punishment And The Widening Divide Between America And Europe", Lloyd Bonfield
Book Review Of James Q. Whitman’S “Harsh Justice: Criminal Punishment And The Widening Divide Between America And Europe", Lloyd Bonfield
Other Publications
No abstract provided.
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan
Articles, Book Chapters, & Popular Press
In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …
Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres
Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres
Faculty Scholarship
In instances of collective violence — apartheid in South Africa, mass killings in Rwanda, and other crimes against humanity such as slavery — what response provides justice? How can justice be achieved under such a system? Legal justice through prosecution would be unjust. This opens the possibility of nonprosecution alternatives involving forgiveness. Hélène Cixous’s play about forgiveness as an alternative to criminal prosecution, The Perjured City: Or, the Awakening of the Furies, was written in response to an actual case of failed justice in France, known as the Bad Blood Scandal. The play provides a model of forgiveness and a …
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Stephen Coughlan
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Stephen Coughlan
Articles, Book Chapters, & Popular Press
In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …
Why Restorative Justice Is Not Compulsory Compassion: Annalise Acorn's Labour Of Love Lost [A Review Of 'Compulsory Compassion: A Critique Of Restorative Justice,' Annalise E. Acorn (Vancouver: University Of British Columbia Press, 2004)], Bruce P. Archibald
Articles, Book Chapters, & Popular Press
Annalise Acorn has produced an immensely engaging book about love, sexuality and law, written with verve and elan; however, it paints a hugely misleading picture of restorative justice that could be seriously damaging to what is arguably the most significant development in criminal justice since the emergence of the nation state. Restorative justice is changing the nature of criminal justice systems the world over. The Canadian criminal justice system is a leader in this regard, though it is far from being alone. Simplistic and dysfunctional systems of punitive criminal justice are being altered and supplemented by restorative programs that are …
Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans
Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans
Articles, Book Chapters, & Popular Press
The authors begin with a discussion of of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its application in the balancing of the safe school environment with student freedom of expression. In particular these authors examine cases and scenarios that highlight the complex relationships that result when student expression contains violent content. This timely examination gives consideration to the contemporary …
Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar
Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar
Articles
Before becoming governor of California, Earl Warren spent 22 years in law enforcement: five as a deputy district attorney (1920- 25); thirteen as head of the Alameda County district attorney's office (1925-38); and four as state attorney general (1939-42). My thesis is that Warren's many years in law enforcement significantly affected his work as Chief Justice of the United States.
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman
Fordham Urban Law Journal
This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.
Confrontation After Crawford, Richard D. Friedman
Confrontation After Crawford, Richard D. Friedman
Articles
The following edit excerpt, drawn from "The Confrontation Clause Re-Rooted and Transformed," 2003-04 Cato Supreme Court Review 439 (2004), by Law School Professor Richard D. Friedman, discusses the impact, effects, and questions generated by the U.S. Supreme Court's ruling in Crawford v. Washington last year that a defendant is entitled to confront and cross-examine any testimonial statement presented against him. In Crawford, the defendant, charged with attacking another man with a knife, contested the trial court's admission of a tape-recorded statement his wife made to police without giving him the opportunity to cross-examine. The tiral court admitted the statement, and …