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Articles 2311 - 2340 of 2538
Full-Text Articles in Entire DC Network
A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin
A War On Drugs Or A War On Immigrants? Expanding The Definition Of "Drug Trafficking" In Determining Aggravated Felon Status For Noncitizens, Jeff Yates, Todd A. Collins, Gabriel J. Chin
Maryland Law Review
No abstract provided.
Tributes To Professor Edward Tomlinson, Karen Rothenberg, David Bogen, Alan D. Hornstein, Gary E. Bair
Tributes To Professor Edward Tomlinson, Karen Rothenberg, David Bogen, Alan D. Hornstein, Gary E. Bair
Maryland Law Review
No abstract provided.
Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann
Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann
Maryland Law Review
Millemann surveys the legal remedies that convicted persons in Maryland have, focuses on the remedies provided by the Uniform Post Conviction Procedures Act, identifies several problems with the application of the Act - including the courts' overuse of the waiver provisions and failures to more fully develop and use exceptions to waiver, and argues that state courts have a special responsibility to protect the rights of prisoners given the general disengagement by federal courts.
Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann
Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann
Cornell Law Faculty Publications
Although the Warren Court had its share of grand decisions, perhaps it should be known instead for its grand goals--particularly the goals of ending America's shameful history of segregation and of providing a broad array of constitutional rights to persons accused of committing crimes. Brown v. Board of Education and Miranda v. Arizona, the two most well-known decisions of the Warren Court (and possibly the two most well-known decisions in the history of the Supreme Court), best capture the Court's labor in the rocky fields of our nation's legal, political, and cultural life. In this Article, we explore certain parallels …
Supermajoritarianism And The American Criminal Jury, Ethan J. Leib
Supermajoritarianism And The American Criminal Jury, Ethan J. Leib
Faculty Scholarship
I argue in this article that supermajority decision rules would be more appropriate than unanimity or majority rule for criminal jury convictions and that majority decision rules would be more appropriate than either unanimity or supermajoritarian rules for acquittals. I first summarize some of the advantages and disadvantages of various decision rules as a matter of general democratic theory. I next outline the arguments made for various decision rules in the context of the criminal jury. Finally, I offer an argument for supermajoritarian requirements for conviction rooted in our general constitutional commitment to supermajoritarianism. I present a coherentist account for …
Book Review Of "Gerald Ford And The Challenges Of The 1970s," By Yanek Mieczkowski, Michael A. Genovese
Book Review Of "Gerald Ford And The Challenges Of The 1970s," By Yanek Mieczkowski, Michael A. Genovese
Political Science and International Relations Faculty Works
No abstract provided.
Conditional Liberty: Restricting Procreation Of Convicted Child Abusers And Dead Beat Dads, Sara C. Busch
Conditional Liberty: Restricting Procreation Of Convicted Child Abusers And Dead Beat Dads, Sara C. Busch
Case Western Reserve Law Review
No abstract provided.
Addiction And Recovery Experiences Of African American Women: A Phenomenological Study, Patricia Diana Hill
Addiction And Recovery Experiences Of African American Women: A Phenomenological Study, Patricia Diana Hill
Theses and Dissertations
Historically, substance abuse research has for the most part excluded African American women. The small body of existing substance abuse research regarding African American women does not examine gender and socio-cultural issues from African American women's perspectives. The purpose of this phenomenological study is to develop a deeper, contextual understanding of the experiences and perspectives of this marginalized population of women. The major goal of the study is to examine the perspectives of African American women about their substance abuse, treatment and recovery. The knowledge gained from this research with African American women regarding their experiences and specific needs in …
Justice Tom C. Clark’S Legacy In The Field Of Legal Ethics, Vincent R. Johnson
Justice Tom C. Clark’S Legacy In The Field Of Legal Ethics, Vincent R. Johnson
Faculty Articles
Justice Tom C. Clark served as this nation’s Attorney General and as a Supreme Court Justice during a pivotal time in this nation’s history; however, his greatest legacy is the tremendous impact he and the Clark Report, whose development he oversaw, has in the area of lawyer discipline and ethics. Prior to the Clark Report, there existed a “scandalous situation” with respect to lawyer discipline; however, in the subsequent decades, revolutionary change has occurred. That change is largely attributable to Justice Clark, whether directly or indirectly, as was found in 1992 by the American Bar Association in its McKay Report. …
Entrapment By Numbers, Dru Stevenson
Entrapment By Numbers, Dru Stevenson
University of Florida Journal of Law & Public Policy
No abstract provided.
Annual Report Of The President, 50th Anniversary Edition, Molloy University Archives And Special Collections
Annual Report Of The President, 50th Anniversary Edition, Molloy University Archives And Special Collections
Annual Reports of the President
This item is a commemorative booklet published by the Office of the President in 2005 to celebrate the 50th anniversary of Molloy's opening. It chronicles Molloy's founding and its history throughout the years, as well as provides information about institutional changes and developments.
The Accelerating Degradation Of American Criminal Codes, Michael T. Cahill, Paul H. Robinson
The Accelerating Degradation Of American Criminal Codes, Michael T. Cahill, Paul H. Robinson
Faculty Scholarship
No abstract provided.
Collapsing Spheres: Joint Terrorism Task Forces, Federalism, And The War On Terror, Susan Herman
Collapsing Spheres: Joint Terrorism Task Forces, Federalism, And The War On Terror, Susan Herman
Faculty Scholarship
No abstract provided.
Tributes To Professor Edward Tomlinson, Olivier Moreteau
Tributes To Professor Edward Tomlinson, Olivier Moreteau
Journal Articles
No abstract provided.
Enlisting The U.S. Courts In A New Front, Debra M. Strauss
Enlisting The U.S. Courts In A New Front, Debra M. Strauss
Vanderbilt Journal of Transnational Law
The time has come to extend the national approach that has been used successfully to dismantle the infrastructure of hate groups to the international realm against terrorist groups. The foundation of this approach is a private right to a cause of action apart from any military or diplomatic efforts by the government. In this Article, Professor Strauss analyzes case precedents under several federal statutes--the Antiterrorism Act of 1991, the Antiterrorism and Effective Death Penalty Act of 1996, the Torture Victim Protection Act, the Alien Tort Claim Act--as well as state common-law tort claims, including aiding and abetting liability. Professor Strauss …
Strafford County 2004 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2004., Stafford County Representatives
Strafford County 2004 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2004., Stafford County Representatives
Strafford County, NH Annual Reports
This is an annual report containing vital statistics for a county in the state of New Hampshire.
Pound, Nathan Roscoe (1870-1964), Michael R. Hill
Pound, Nathan Roscoe (1870-1964), Michael R. Hill
Department of Sociology: Faculty Publications
Roscoe Pound was born on 27 October 1870 in Lincoln, Nebraska. He was classically trained in languages and the sciences at the University of Nebraska and received the BA degree in 1888. Pound’s innovative graduate studies in botany under the tutelage of Charles E. Bessey, resulted in a doctoral dissertation written jointly with Frederic E. Clements, published in 1898, on The Phytogeography of Nebraska. The Phytogeography established the American school of plant ecology (Tobey 1981) and for his part Pound received the first Nebraska PhD earned “in course” in 1899. Already a member of Phi Beta Kappa and Sigma …
Criminal Law In A Post-Freudian World, Deborah W. Denno
Criminal Law In A Post-Freudian World, Deborah W. Denno
Faculty Scholarship
Freudian psychoanalytic theory has greatly influenced the modern definition of criminal culpability. Indeed, much of the language of key criminal statutes, cases, and psychiatric testimony is framed by psychoanalytic concepts. This impact is particularly evident in the Model Penal Code's mens rea provisions and defenses, which were developed in the 1950s and 1960s, a time of Freudian reign in the United States. For contemporary criminal law, however, this degree of psychoanalytic presence is troublesome. Freudian theory is difficult to apply to group conflicts and legal situations, and the theory emphasizes unconscious (rather than conscious) thoughts. The rising new science of …
Rights Myopia In Child Welfare, Clare Huntington
Rights Myopia In Child Welfare, Clare Huntington
Faculty Scholarship
For decades, legal scholars have debated the proper balance of parents' rights and children's rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents' rights nor children's rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children. Additionally, even if well-implemented, the model still would not serve parents or children because it obscures the important role of poverty in child abuse and neglect and fosters conflict rather than collaboration between the state and families. In lieu of a solely rights-based …
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan
Faculty Scholarship
This Article examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on the areas of detention, deportation, conscription, and confiscation of property, the Article revises the conventional depiction of the English judiciary during World War I as passive and peripheral. It argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal. Second, they …
Yale Kamisar: A Principled Man For All Seasons, Douglas A. Kahn
Yale Kamisar: A Principled Man For All Seasons, Douglas A. Kahn
Articles
Yale Kamisar began his distinguished career as a law professor in 1957 at the University of Minnesota Law School. For three years prior to joining the Minnesota faculty, Yale had been an associate with the Washington, D.C. law firm of Covington & Burling specializing in antitrust law. Understandably, Yale and Minnesota assumed that he would devote the major part of his research and teaching to antitrust. At that time, the study of criminal law was near the bottom of the hierarchy of law school topics, and so young faculty often were assigned the task of teaching criminal law as the …
How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar
How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar
Articles
Before becoming governor of California, Earl Warren had spent his entire legal career, twenty-two years, in law enforcement. Professor Kamisar maintains that this experience significantly influenced Warren's work as a Supreme Court justice and gave him a unique perspective into police interrogation and other police practices. This article discusses some of Warren's experiences in law enforcement and searches for evidence of that experience in Warren's opinions. For example, when Warren was head of the Alameda County District Attorney's Office, he and his deputies not only relied on confessions in many homicide cases but also themselves interrogated homicide suspects. The seeds …
Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein
Faculty Scholarship
This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …
2005-2006 Lindenwood University Graduate Course Catalog, Lindenwood University
2005-2006 Lindenwood University Graduate Course Catalog, Lindenwood University
Course Catalogs
Lindenwood University Graduate Course Catalog
2005-2006 Lindenwood University Undergraduate Course Catalog, Lindenwood University
2005-2006 Lindenwood University Undergraduate Course Catalog, Lindenwood University
Course Catalogs
Lindenwood University Undergraduate Course Catalog
Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas
Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Practice Of Law For Children, Marvin Ventrell
The Practice Of Law For Children, Marvin Ventrell
Montana Law Review
The Practice of Law for Children
Factors Affecting Judicial Decision Making, Brooke Marie Hansen
Factors Affecting Judicial Decision Making, Brooke Marie Hansen
Honors Program Theses
The U.S. court system relies on the discretion of judges for most sentencing decisions. Even when there are sentencing guidelines, the judicial decision making process requires judges to use their discretion to determine the actual sentence. Personality characteristics play a role in juror decision making, as shown by studies of the effect of authoritarianism on verdicts (Narby, Culter, & Moran, 1993). Little research has focused on the personality characteristics of judges and what role they play in sentencing decisions. Judicial decision making is a debated topic as demonstrated by the fact that the Supreme Court heard the case Blakely v. …
The 2004 Gunderson Lecture: Apprendi, Blakely And Federalism, Peter B. Rutledge
The 2004 Gunderson Lecture: Apprendi, Blakely And Federalism, Peter B. Rutledge
South Dakota Law Review
No abstract provided.
Waiting For Study Iii: A Review Of Explaining Race Disparities In South Dakota Sentencing And Incarceration By Richard Braunstein And Amy Schweinle, Danelle J. Daugherty
Waiting For Study Iii: A Review Of Explaining Race Disparities In South Dakota Sentencing And Incarceration By Richard Braunstein And Amy Schweinle, Danelle J. Daugherty
South Dakota Law Review
No abstract provided.