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2006

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Litigating Salvation: Race, Religion And Innocence In The Karla Faye Tucker And Gary Graham Cases, Melynda J. Price Apr 2006

Litigating Salvation: Race, Religion And Innocence In The Karla Faye Tucker And Gary Graham Cases, Melynda J. Price

Law Faculty Scholarly Articles

The cases of Karla Faye Tucker and Gary Graham represent two examples of the renewed public debate about the death penalty in the State of Texas, and how religion and race affect that debate. This article explores how the Tucker and Graham cases represent opposing possibilities for understanding contemporary narratives of the death penalty. Though the juxtaposition of these two cases is not completely symmetrical, if viewed as a kaleidoscope—a complex set of factors filtered through the shifting identities of the person who is at the center of the immediate case—the hidden operations of race and religion can be examined. …


Reasonable Expectations In The Sphere Of Liberty: A Theory Of Accidental Death Insurance Coverage, Catherine Spain Apr 2006

Reasonable Expectations In The Sphere Of Liberty: A Theory Of Accidental Death Insurance Coverage, Catherine Spain

Connecticut Insurance Law Journal

No abstract provided.


Plan B For The Fda: A Need For A Third Class Of Drug Regulation In The United States Involving A "Pharmacist-Only" Class Of Drugs, Matthew J. Seamon Apr 2006

Plan B For The Fda: A Need For A Third Class Of Drug Regulation In The United States Involving A "Pharmacist-Only" Class Of Drugs, Matthew J. Seamon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


University Of San Diego Baseball Media Guide 2006, University Of San Diego Athletics Department Apr 2006

University Of San Diego Baseball Media Guide 2006, University Of San Diego Athletics Department

Baseball (Men)

52 pages : illustrations, portraits ; 21.5 x 28 cm


Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell Apr 2006

Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell

Dalhousie Law Journal

In 1835, Joseph Howe was prosecuted for criminal libel after an attack on the Halifax magistracy appeared in his newspaper I argue that Howe's acquittal flowed from a combination of factors. Howe's newspaper was a reformist, but not radical, voice at a time when criticism of government was becoming legitimate and newspapers were becoming increasingly vociferous, despite uncertainty about how daring they could be. Howe was popular, and the magistrates and prosecution were not. Most remarkably, however, Howe used Starkies 1830 libel treatise to construct a novel defence-qualified privilege-which had considerable exculpatory potential. The judge declined to put it to …


Muslim Profiles Post 911: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt Apr 2006

Muslim Profiles Post 911: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

Racial profiling as a defensive counterterrorism measure necessarily implicates a rights trade-off: if effective, racial profiling limits the right of young Muslim men to be free from discrimination in order to promote the security and well-being of others. Proponents of racial profiling argue that it is based on simple statistical fact and represents “just smart law enforcement.” Opponents of racial profiling, like New York City police commissioner Raymond Kelly, say that it is dangerous and “just nuts.” As a theoretical matter, both sides are partly right. Racial profiling in the context of counterterrorism measures may increase the detection of terrorist …


Designs For Immunity: A Comparison Of The Criminal Prosecution Of United States Presidents & Italian Prime Ministers, Brianne Biggiani Apr 2006

Designs For Immunity: A Comparison Of The Criminal Prosecution Of United States Presidents & Italian Prime Ministers, Brianne Biggiani

Cardozo Journal of International and Comparative Law

The note examines the differing approaches of the United States and Italy in granting criminal prosecution immunity to their leaders, emphasizing the role of institutional strength and historical context. It argues that while the U.S. policy of temporary presidential immunity is justifiable due to its robust checks and balances, Italy's weaker governance structure and history of corruption make similar immunity measures inappropriate. The analysis highlights the importance of tailoring legal frameworks to a nation's specific political and cultural conditions.


Requiring The Unknown Or Preserving Reason: United States V. Gonzalez-Huerta And The Tenth Circuit's Compromise Approach To Booker Error, Peter A. Jenkins Apr 2006

Requiring The Unknown Or Preserving Reason: United States V. Gonzalez-Huerta And The Tenth Circuit's Compromise Approach To Booker Error, Peter A. Jenkins

Denver Law Review

No abstract provided.


Put On Your Coat, A Chill Wind Blows: Embracing The Expansion Of The Adverse Employment Action Factor In Tenth Circuit First Amendment Retaliation Claims, Elizabeth J. Bohn Apr 2006

Put On Your Coat, A Chill Wind Blows: Embracing The Expansion Of The Adverse Employment Action Factor In Tenth Circuit First Amendment Retaliation Claims, Elizabeth J. Bohn

Denver Law Review

No abstract provided.


Lynnsights: Spring 2006, Lynn University Apr 2006

Lynnsights: Spring 2006, Lynn University

(2004-2021) LynnSight(s)

Spring 2006 LynnSights:

  • Are you in? Lynn University launches its strategic plan and focuses on the future


It's Not Easy Being Green: The Constitutionality Of Implementing The Endangered Species Act Under The Commerce Clause, Diane Summers Clarke Apr 2006

It's Not Easy Being Green: The Constitutionality Of Implementing The Endangered Species Act Under The Commerce Clause, Diane Summers Clarke

Southeastern Environmental Law Journal

No abstract provided.


Book Notes: Access To Care, Access To Justice: The Legal Debate Over Private Health Insurance In Canada, By Colleen M. Flood, Kent Roach And Lorne Sossin (Eds), Jean-Claude Killey Apr 2006

Book Notes: Access To Care, Access To Justice: The Legal Debate Over Private Health Insurance In Canada, By Colleen M. Flood, Kent Roach And Lorne Sossin (Eds), Jean-Claude Killey

Osgoode Hall Law Journal

No abstract provided.


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Apr 2006

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


Spring 2006 Aasu Data Digest, Armstrong State University Apr 2006

Spring 2006 Aasu Data Digest, Armstrong State University

Armstrong Office of Institutional Research: Armstrong Data Digests (Archived)

No abstract provided.


Cruel And Usual: Sentencing In The Federal Courts Jurist In Residence, John S. Martin, Jr. Apr 2006

Cruel And Usual: Sentencing In The Federal Courts Jurist In Residence, John S. Martin, Jr.

Pace Law Review

No abstract provided.


Are Courts Taking Internet Threats Seriously Enough? An Analysis Of True Threats Transmitted Over The Internet, As Interpreted In United States V. Carmichael, Amy E. Mccann Apr 2006

Are Courts Taking Internet Threats Seriously Enough? An Analysis Of True Threats Transmitted Over The Internet, As Interpreted In United States V. Carmichael, Amy E. Mccann

Pace Law Review

No abstract provided.


Introduction, Barry Scheck Apr 2006

Introduction, Barry Scheck

Cardozo Public Law, Policy & Ethics Journal

The symposium aims to reform eyewitness identification procedures by fostering dialogue between law enforcement, social scientists, and legal experts. It seeks to address the high rates of mistaken identifications and improve the accuracy and reliability of eyewitness testimony through scientific research and practical implementations. The event highlights the human impact of wrongful convictions and explores evidence-based solutions to prevent such injustices.


Transcript Of Penny Beerntsen's Speech, Penny Beerntsen Apr 2006

Transcript Of Penny Beerntsen's Speech, Penny Beerntsen

Cardozo Public Law, Policy & Ethics Journal

The transcript recounts Penny Beernsten's harrowing experience of being assaulted and mistakenly identifying Steven Avery as her assailant, leading to his wrongful conviction and imprisonment for 18 years. The speech underscores the fallibility of eyewitness testimony and the devastating consequences of such errors in the criminal justice system. It highlights the importance of reforming eyewitness identification procedures and the role of DNA evidence in exonerating the wrongly convicted.


A Sample Of Witness, Crime, And Perpetrator Characteristics Affecting Eyewitness Identification Accuracy, Brian L. Cutler Apr 2006

A Sample Of Witness, Crime, And Perpetrator Characteristics Affecting Eyewitness Identification Accuracy, Brian L. Cutler

Cardozo Public Law, Policy & Ethics Journal

The article examines the impact of estimator variables on eyewitness identification accuracy, focusing on six key factors: own-race bias, exposure duration, masking of hair and hairline cues, weapon focus, eyewitness stress, and passage of time. It argues that these variables significantly influence identification accuracy and are not merely matters of common sense, emphasizing the need for expert testimony and education for legal professionals.


Keynote Address: Reforming Eyewitness Identification, Thomas P. Sullivan Apr 2006

Keynote Address: Reforming Eyewitness Identification, Thomas P. Sullivan

Cardozo Public Law, Policy & Ethics Journal

The article addresses the critical issue of eyewitness identification errors in criminal investigations, highlighting their role in wrongful convictions. It advocates for reform through improved identification procedures, particularly the sequential lineup method, and emphasizes the need for public and professional education on the fallibility of eyewitness testimony.


Police Identification Procedures: A Time For Change, Kenneth Patenaude Apr 2006

Police Identification Procedures: A Time For Change, Kenneth Patenaude

Cardozo Public Law, Policy & Ethics Journal

The article argues that eyewitness testimony, despite its influence, is often unreliable and a leading cause of wrongful convictions. The author, Lt. Kenneth Patenaude, details his involvement with the Department of Justice in developing the NIJ Guide to improve eyewitness evidence handling. The guide provides best practices aimed at reducing misidentifications and ensuring more reliable evidence in legal proceedings.


Slavery In The 21st Century, Paul R. Rickert Apr 2006

Slavery In The 21st Century, Paul R. Rickert

Faculty Publications and Presentations

This paper briefly examines the modern practice of slavery. It attempts to demonstrate that slavery is a larger problem than most understand, does exist in the United States, and will outline some effective means to combat it.


The Floating Population And Crime In Contemporary China, Jonathan Wade Lopez Apr 2006

The Floating Population And Crime In Contemporary China, Jonathan Wade Lopez

Sociology & Criminal Justice Theses & Dissertations

Since the late 70's in China there has been a dramatic increase in both the floating population and criminal activity. Members of the floating population, numbering between 79 and 145 million, live apart from their place of official permanent household registration (hukou) and are ineligible for the state-sanctioned social and economic benefits which accompany permanent hukou status. Although the literature and the media suggest that the floating population is to blame for the marked increase in criminal activity, few statistical studies examine the relationship between these two phenomena. This study used data from an extensive population based survey conducted in …


"Does It Take One To Know One?" A Comparison Of Police Recruits' And Sergeants' Perceptions Of A Good Police Officer, Kara K. Hoofnagle Apr 2006

"Does It Take One To Know One?" A Comparison Of Police Recruits' And Sergeants' Perceptions Of A Good Police Officer, Kara K. Hoofnagle

Sociology & Criminal Justice Theses & Dissertations

Police departments strive to hire good officers. However, there is difficulty in defining what constitutes a good police officer. The literature is rife in defining what constitutes a good police officer and characteristics indicative of a good officer. Past research suggests that characteristics of a good police officer may be more than the characteristic itself and that officers' may form their perception of what characteristics good officers harbor based on socialization, the police subculture, and the official police organization.

As such, this study sought to explore the following research question: What differences, if any, exist between police recruits' and sergeants' …


Factors That Influence Domestic Violence Convictions In "No Drop Policy" Trials, Kim D. Akinyanju Apr 2006

Factors That Influence Domestic Violence Convictions In "No Drop Policy" Trials, Kim D. Akinyanju

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate the factors that significantly influence conviction rates in domestic violence no drop policy trials. Literature heavily supports the position that factors.-such as physical evidence, police officer testimony, and cooperative victim testimony can help prosecutors increase conviction rates. This research utilizes data collected by Smith et al. (2001) on domestic violence trials in four cities that have implemented the no drop policy. Analyses revealed that various types of physical evidence do not significantly influence convictions in no drop policy trials. Cooperative victim testimony, however, does significantly influence conviction rates and in addition significantly …


Personal Responsibility Versus Government Responsibility Welfare Attitudes Post-1996, Emily C. Ing Apr 2006

Personal Responsibility Versus Government Responsibility Welfare Attitudes Post-1996, Emily C. Ing

Sociology & Criminal Justice Theses & Dissertations

The welfare system in the United States underwent a major overhaul in 1996, transforming Aid to Families with Dependent Children (AFDC) to Temporary Assistance to Needy Families (TANF). Since then, there has been little research conducted on attitudes toward welfare. This is still a topic worth investigating, as poverty and homelessness remain a problem in the United States.

This thesis hypothesized that attitudes about welfare would vary according to an individual's commitment to individualism, a hegemonic value in the United States. This thesis also hypothesized that welfare attitudes would vary according to an individual's education, gender, marital status, race, and …


Foreword, Nita A. Farahany Apr 2006

Foreword, Nita A. Farahany

Law and Contemporary Problems

No abstract provided.


Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel Apr 2006

Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel

Law and Contemporary Problems

Garland and Frankel issue a call for scientists, lawyers, courts and lawmakers to begin a critical dialogue about the implications of scientific discoveries and technological advances in criminal law, behavioral genetics and neuroscience.


Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr. Apr 2006

Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr.

Law and Contemporary Problems

No abstract provided.


Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse Apr 2006

Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse

Law and Contemporary Problems

In light of the abundance of studies focusing on the genetic contributions to addiction, Morse develops a meaningful background on the legal and scientific images of behavior, the disease concept of addiction, and the aspects of addiction for which a person may be held legally accountable.