Digital Commons Network^™

Theory Of Punitive Damages, Benjamin C. Zipursky

Faculty Scholarship

A contemporary theory of punitive damages must answer two questions: (1) what place, if any, do punitive damages have in the civil law of tort, given that they appear to involve an idea of criminal punishment? (2) why are punitive damages subject to special constitutional scrutiny, as in the Supreme Court's decision in BMW v. Gore, if they really are part of the civil law of tort? The article offers a theory that can answer both of these questions. Punitive damages have a double aspect, corresponding to two senses of "punitive." Insofar as they pertain to the state's goal of …

The Brady Solution: A Due Process Remedy For Those Convicted With Evidence From Faulty Crime Labs, Laurel P. Gorman

University of San Francisco Law Review

No abstract provided.

Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen

All Papers

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …

2005-2006 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami

Faculty Publications

The federal judicial branch has lately become the object of increasing scrutiny and distrust by its legislative counterpart. Congressional suspicion is often directed toward judicial discretion in criminal sentencing and, more generally, the degree to which judges are perceived to be beholden to a particular ideological point of view or personal bias. This distrust has bred a potent strain of political opportunism that Congress has manifested in several recent bills. One of these, the Feeney Amendment to the PROTECT Act, all but eliminated judicial discretion in sentencing and tacitly threatens judges' continued employment. Though the Supreme Court's recent decision in …

The Challenge Of Motive In The Criminal Law, Elaine M. Chiu

Faculty Publications

The purchase of illegal drugs by an undercover police officer is commonly known as a “buy and bust” operation. In the twenty-first century, the stakes in the longstanding war on drugs are high as law enforcement and national security agencies join forces to confront the disturbing ties between terrorism and illegal narcotics. In addition to being a weapon in the arsenal of law enforcement, the buy and bust operation also tells an interesting story about motive in the criminal law. This article uses the simple street sale to demonstrate how the criminal law suffers from its ambivalent attitude towards the …

Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger

Articles & Chapters

No abstract provided.

Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen

Articles & Chapters

No abstract provided.

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Articles & Chapters

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded orunprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the public …

International Judicial Decisions, Domestic Courts, And The Foreign Affairs Power, A. Mark Weisburd

Faculty Publications

No abstract provided.

Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller

Journal Articles

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.

Adopting, Implementing, And Managing Biometric Entry Systems In Campus Recreation Centers, Ann Elizabeth Nellis

Graduate Research Papers

The purpose of this study was to examine the adoption, implementation, and management of biometric entry systems and produce information to assist to universities considering implementing a biometric entry system. Specifically, this study focused on the only seven campus recreation centers in the United States as of March 2005 to ever employ the biometric entry system. The study investigated the following research questions:

1. What were the decision-making factors for the adoption and implementation of the biometric entry system?

2. What obstacles were overcome during the implementation phase the of the biometric entry system?

3. What are the ongoing management …

Cybersecurity, Identity Theft, And The Limits Of Tort Liability, Vincent R. Johnson

South Carolina Law Review

No abstract provided.

An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried

University of Richmond Law Review

No abstract provided.

Growing Indiana's Human Capital: Assuring Positive Futures For Youth, Shelley M. Macdermid, Karen Ruprecht, Nina Philipsen, Karen Dezarn, Lynn Clough

Center for Families Publications

Family Impact Seminars have been well received by federal policymakers in Washington, DC, and Indiana is one of several states to sponsor such seminars for state policymakers. Family Impact Seminars provide state-of-the-art research on current family issues for state legislators and their aides, Governor's Office staff, state agency representatives, educators, and service providers. One of the best ways to help individuals is by strengthening their families. Therefore, the Family Impact Seminars speakers analyze the consequences an issue, policy or program may have for families. The seminars provide objective, nonpartisan information on current issues and do not lobby for particular policies. …

Panarchy And Adaptive Change: Around The Loop And Back Again, Bradley C. Karkkainen

Minnesota Journal of Law, Science & Technology

No abstract provided.

Mindfulness Meditation, The Cultivation Of Awareness, Mediator Neutrality, And The Possibility Of Justice, Evan M. Rock

Cardozo Journal of Conflict Resolution

This Note argues that the cultivation of awareness through meditation enhances a mediator's ability to be neutral, thereby increasing the possibility of just outcomes from mediation sessions. Part I introduces and explains the basic practice of mindfulness meditation. Part II examines the necessity of neutrality for just outcomes in mediation, the classical view of neutrality as impartiality, and the importance of a mediator's awareness of his biases and preferences for maintaining neutrality. Part III examines the use of procedure in maintaining neutrality during a mediation session, and how a mediator's awareness of his thoughts and emotions can be helpful in …

Regional Readiness For Intelligence Information Sharing To Support Homeland Security, Christine Genet Kemp

Electronic Theses and Dissertations

The Markle Task Force on National Security in the Information Age was created to produce recommendations on how to best leverage intelligence and information to improve security without compromising existing civil liberties. Their second report proposed that the government set up an information-sharing network using currently available technology to improve our ability to prevent terrorist attacks, while protecting civil liberties. The Markle recommendations have been incorporated into the recent Intelligence Reform and Terrorism Prevention Act of 2004. The proposition is that the Markle task force recommendations are sufficient to achieve the required data integration in the United States. To affirm …

Risk Factors For Adult Victimization Among Florida's Homeless Women, Rebecca Michelle Weichsel

Electronic Theses and Dissertations

Much of the existing research on violence against homeless women has concluded that homeless women are particularly vulnerable to violence and experience victimization at rates often exceeding the rates of housed women. Little research, however, has focused upon the specific risk factors that expose homeless women to physical assault, rape, and stalking. Utilizing a sample of 737 homeless women from the Florida cities of Orlando, Jacksonville, Tampa, and Miami, this study investigated the risk factors for experiencing adult personal victimization. The characteristics of homelessness, demographics, drug and alcohol use, subsistence activities, childhood victimization, mental health status, and criminal activities were …

Assessment And In Vitro Repair Of Damaged Dna Templates From Forensic Stains, Ashley Hall

Electronic Theses and Dissertations

DNA extracted from biological stains is often intractable to analysis. This may due to a number of factors including a low copy number (LCN) of starting molecules, the presence of soluble inhibitors or damaged DNA templates. Remedies may be available to the forensic scientist to deal with LCN templates and soluble inhibitors but none presently exist for damaged DNA. In fact, only recently has the biochemical nature, the extent of DNA damage in physiological stains and the point at which the damage inflicted upon a particular sample precludes the ability to obtain a genetic profile for purposes of identification been …

Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz

Catholic University Law Review

No abstract provided.

Constitutional Right Against Excessive Punishment, The, Youngjae Lee

Faculty Scholarship

When is a death sentence, a sentence of imprisonment, or a fine so "excessive" or "disproportionate" in relation to the crime for which it is imposed that it violates the Eighth Amendment? Despite the urgings of various commentators and the Supreme Court's own repeated, albeit uncertain, gestures in the direction of proportionality regulation by the judiciary, the Court's answer to this question within the past few decades is a body of law that is messy and complex, yet largely meaningless as a constraint. In the core of this ineffectual and incoherent proportionality jurisprudence lies a conceptual confusion over the meaning …

Decline And Fall Of Legislative History - Patterns Of Supreme Court Reliance In The Burger And Rehnquist Eras, The, James J. Brudney, Corey Distlear

Faculty Scholarship

Reliance on legislative history in the Court's majority opinions has fallen from nearly 50 percent during the Burger era to less than 30 percent since 1985.

Why Is Elder Abuse Overlooked? : Media And Ageism, Skye N. Folkert

Undergraduate Theses and Senior Projects

No abstract provided.

Crawford’S Impact On Hearsay Statements In Domestic Violence And Child Sexual Abuse Cases, Robert P. Mosteller

Faculty Scholarship

This Essay examines the important ancillary doctrines that need to be developed in the wake of Crawford v. Washington (2004) and the "testimonial statement" approach to Confrontation Clause analysis to ensure that when confrontation is provided it in fact satisfies the requirements of the Clause. More than just some opportunity to cross-examine is required. The witness must be asked to make a public accusation in his or her direct testimony rather than simply being made available for questioning by defense counsel. A public accusation in not simply an after-thought of the right; rather, both it and cross-examination are central components. …

The Pedagogical Significance Of The Bush Stem Cell Policy: A Window Into Bioethical Regulation In The United States (President George W. Bush, Fifth Anniversary Essay Collection), O. Carter Snead

Journal Articles

The enormous significance of the Bush stem cell funding policy has been evident since its inception. The announcement of the policy on August 9, 2001 marked the first time a U.S. president had ever taken up a matter of bioethical import as the sole subject of a major national policy address. Indeed, the August 9th speech was the President's first nationally televised policy address of any kind. Since then, the policy has been a constant focus of attention and discussion by political commentators, the print and broadcast media, advocacy organizations, scientists, elected officials, and candidates for all levels of office …

Legislative Responses To Terrorism: A View From Britain, Geoffrey Bennett

Journal Articles

There is nothing new in the United Kingdom about either the threat of terrorism or a legal response to it. For almost one hundred and fifty years, the troubled spectre of Irish politics has haunted mainland Britain and produced a variety of reactions, some worth noting and others richly deserving oblivion. In surveying the legislation it is important to bear in mind that the events of September 11, 2001 did not immediately bring about any dramatic change in the legislation directed to anti-terrorism. Most of it was already there. Having said that, the events of 9/11 have certainly had an …

Relocating Disorder, Nicole Stelle Garnett

Journal Articles

Judicial challenges to order-maintenance policing apparently are leading some city officials to adapt the tools of property regulation to a task traditionally reserved for the police - the control of disorderly people. Examples of efforts to regulate disorder, ex ante, through land-management strategies include homeless campuses that centralize housing and social services, neighborhood exclusion zone policies that empower local officials to exclude disorderly individuals from struggling communities, and the selective targeting of inner-city neighborhoods for aggressive property inspections. These tactics employ different management techniques - some concentrate disorder and others disperse it - but they have same goal: to relocate …

Proportionality And Federalization, Stephen F. Smith

Journal Articles

The thesis of this Article is that proportionality of punishment has become a casualty of federalization and that the federal courts helped kill it. The federal courts like to portray themselves as the victims in the vicious cycle of federalization, left defenseless in the face of rapacious efforts by Congress and the Department of Justice to use the federal criminal code for their own selfish ends. The federal judiciary repeatedly complains that its judges are overburdened with criminal cases that belong in state court. This is the story the leading lights in the academy have accepted: Congress is responsible for …

Book Review: September 11: Consequences For Canada, By Kent Roach, Margaret E. Beare

Osgoode Hall Law Journal

No abstract provided.