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Articles 2011 - 2040 of 2603
Full-Text Articles in Entire DC Network
Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller
Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller
Faculty Publications
No abstract provided.
Rethinking Amnesty, Milena Sterio
Rethinking Amnesty, Milena Sterio
Law Faculty Articles and Essays
This Article will focus on the issue of accountability under the existing international law and will address the following question: Is there a duty to prosecute perpetrators of human rights abuses? Furthermore, if there is such a duty, what are its precise contours, its reach and its limits? Can amnesty laws and truth commissions ever be legal despite the evolving body of human rights law that seems to dictate the absolute assurance of those rights? Part I of this Article will examine the existing accountability mechanisms, while evaluating their respective strengths and weaknesses. Part II will focus on the existing …
Mapp V. Ohio: The First Shot Fired In The Warren Court's Criminal Procedure 'Revolution', Yale Kamisar
Mapp V. Ohio: The First Shot Fired In The Warren Court's Criminal Procedure 'Revolution', Yale Kamisar
Book Chapters
Although Earl Warren ascended to the Supreme Court in 1953, when we speak of the Warren Court's "revolution" in American criminal procedure we really mean the movement that got underway half-way through the Chief Justice's sixteen-year reign. It was the 1961 case of Mapp v. Ohio, overruling Wolf v. Colorado and holding that the state courts had to exclude illegally seized evidence as a matter of federal constitutional law, that is generally regarded as having launched the so-called criminal procedure revolution.
Suffolk University Law School Catalog, 2006-2007, Suffolk University Law School
Suffolk University Law School Catalog, 2006-2007, Suffolk University Law School
Suffolk University Law School Academic Catalogs
This catalog represents the course descriptions as described on the Suffolk Law School website.
Bringing Coherence To Mens Rea Analysis For Securities-Related Offenses, Michael L. Seigel
Bringing Coherence To Mens Rea Analysis For Securities-Related Offenses, Michael L. Seigel
UF Law Faculty Publications
This Article has demonstrated that the failure of commentators and the courts to tackle mens rea analysis head-on has resulted in lasting incoherence in the law. Unintelligible legal doctrine does not simply upset individuals who strive for elegant solutions to legal problems; it also exacts a huge, real-life toll. Juries faced with incoherent legal instructions are likely to become disillusioned about the justice system. Citizens receive inadequate guidance as to acceptable and unacceptable behavior, hampering deterrence -- particularly in the securities-law arena, where one presumably finds mostly rational actors who would be deterred by clear legal rules. Securities regulation is …
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
Articles
No abstract provided.
George P. Fletcher And Steve Sheppard, American Law In A Global Context: The Basics. Oxford And New York, Oxford University Press 2005 (Book Review), Janet Stearns
Articles
No abstract provided.
Employment Law, Earl M. Jones Iii, Jason R. Dugas, Jennifer A. Youpa
Employment Law, Earl M. Jones Iii, Jason R. Dugas, Jennifer A. Youpa
SMU Law Review
No abstract provided.
Toxic Torts And Mass Torts, Brent M. Rosenthal, Misty A. Farris, Amanda R. Tyler
Toxic Torts And Mass Torts, Brent M. Rosenthal, Misty A. Farris, Amanda R. Tyler
SMU Law Review
No abstract provided.
Can Felon Disenfranchisement Survive Under Modern Conceptions Of Voting Rights: Political Philosophy, State Interests, And Scholarly Scorn, S. Brannon Latimer
Can Felon Disenfranchisement Survive Under Modern Conceptions Of Voting Rights: Political Philosophy, State Interests, And Scholarly Scorn, S. Brannon Latimer
SMU Law Review
No abstract provided.
Prison Rape Elimination Act: Implications For Sheriffs: The Facts, Brenda V. Smith, Susan Mccampbell, Pam Cole, Margo Frasier
Prison Rape Elimination Act: Implications For Sheriffs: The Facts, Brenda V. Smith, Susan Mccampbell, Pam Cole, Margo Frasier
Presentations
This brochure explains the impact of the Prison Rape Elimination Act (PREA) on jails. Topics discussed include: what PREA is; how PREA applies to jails; the purpose of PREA; what jails need to be doing; and answers to frequently asked questions.
Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Ellen Kreitzberg, Linda Carter
Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Ellen Kreitzberg, Linda Carter
Faculty Publications
This analysis begins with an examination of the Court's Eighth Amendment jurisprudence and how this impacts the procedures that are required in a capital trial. Then we will present a brief review of habeas corpus law and the barriers that have been imposed to restrict federal court review of claims. We will explain how AEDPA modified the ability of a petitioner to get evidentiary hearings and imposed restrictions on the filling of second or successive petitions. Then, we will look at circumstances in which claims of innocence may be raised in a petition for habeas corpus. Finally, we will compare …
Shame And The Meaning Of Punishment, Chad Flanders
Shame And The Meaning Of Punishment, Chad Flanders
Cleveland State Law Review
This Essay critiques the shaming punishments debate, not in the interest of defending one side or the other, but to make more explicit the paradox with which this Essay began. This Essay also advances the proposal that a consistent liberalism, one that demands that all citizens be respected equally, is incompatible with any punishment that requires the infliction of hard treatment (treatment which inflicts pain or suffering) or humiliation on the offender. It is important to bracket the practical consequences of this proposal. Perhaps it was proposals like this one that made Nietzsche worry about the progressive softening of societies …
Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson
Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson
Cleveland State Law Review
This article will discuss the emergence of GPS technology in the field of criminal law and propose that Ohio embrace GPS monitoring as an alternative to the incarceration of nonviolent offenders. Part II will begin by briefly outlining the history of GPS technology. Part II will then discuss the use of GPS monitoring in the field of law enforcement. Specifically, this Part will illustrate the different components necessary for the implementation of an effective GPS monitoring program and explain the use of inclusion and exclusion zones. Part III will examine the status of Ohio's state prison system and will focus …
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Cleveland State Law Review
Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …
Tort Suits Filed By Rape And Sexual Assault Victims In Civil Courts: Lessons For Courts, Classrooms And Constituencies, Ellen M. Bublick
Tort Suits Filed By Rape And Sexual Assault Victims In Civil Courts: Lessons For Courts, Classrooms And Constituencies, Ellen M. Bublick
SMU Law Review
No abstract provided.
The Clinician As Ethical Role Model In The Criminal Appellate Litigation Clinic, J. Thomas Sullivan
The Clinician As Ethical Role Model In The Criminal Appellate Litigation Clinic, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Dna In The Legal System: The Benefits Are Clear, The Problems Aren't Always, Jason Borenstein
Dna In The Legal System: The Benefits Are Clear, The Problems Aren't Always, Jason Borenstein
Cardozo Public Law, Policy & Ethics Journal
The article discusses the dual nature of DNA technology in the criminal justice system, highlighting its significant benefits, such as exonerating the wrongly convicted and solving cold cases, while also addressing its limitations and challenges. It emphasizes that DNA evidence, while powerful, is not infallible and should not overshadow other forms of evidence. The author underscores the need for cautious use of DNA evidence, proper legal standards, and addressing human fallibility to ensure justice.
Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer
Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer
Cardozo Public Law, Policy & Ethics Journal
The article advocates for the establishment of a right to counsel for individuals facing eviction in New York City's Housing Court, arguing that such a right is essential for fair legal proceedings, aligns with constitutional principles of due process and equal protection, and is cost-effective in preventing homelessness and reducing societal costs. The author emphasizes that the current system disproportionately disadvantages low-income tenants, who often lack legal representation, and draws on international precedents where such rights are recognized.
Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn
Fordham Urban Law Journal
This article explores New York City's non-traditional, judicially based response to prostitution. This article first recounts the history of New York City’s Women’s Court. It then examines the work of the Midtown Community Court, the “problem-solving court” established in 1993 to address criminal issues, like prostitution, in Midtown Manhattan. It also discusses the renewed concerns about sex work in New York and describe the movement, propelled by modern reformers, to address prostitution through specialty courts. It then contrasts the shared features and attributes of the Women’s Court and Midtown Court models. Finally, the article urges modern reformers to step back …
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Indiana Journal of Global Legal Studies
Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socioeconomic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, countertrafficking …
Federalism’S Battle With History: The Inaccurate Associations With Unpopular Politics, Patrick Garry
Federalism’S Battle With History: The Inaccurate Associations With Unpopular Politics, Patrick Garry
Faculty Publications
No abstract provided.
The Landscape Of Search And Seizure: Observations On Recent Decisions From The United States Court Of Appeals For The Eighth Circuit, Christine Hutton
The Landscape Of Search And Seizure: Observations On Recent Decisions From The United States Court Of Appeals For The Eighth Circuit, Christine Hutton
Faculty Publications
No abstract provided.
Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode
Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode
Hofstra Law Review
No abstract provided.
Legal Ethics And The Constitution, Alan Dershowitz
Legal Ethics And The Constitution, Alan Dershowitz
Hofstra Law Review
No abstract provided.
Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager
Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager
Hofstra Law Review
No abstract provided.
Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle
Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle
Hofstra Law Review
A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice.
Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …
Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss
Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss
Hofstra Law Review
No abstract provided.
Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, James M. Donovan, Ronald E. Wheeler, Ronald E. Wheeler, Stephanie Wilson
Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, James M. Donovan, Ronald E. Wheeler, Ronald E. Wheeler, Stephanie Wilson
Faculty Publications By Year
No abstract provided.
Toward Healing And Restoration For All: Reframing Medical Malpractice Reform, Jonathan Todres
Toward Healing And Restoration For All: Reframing Medical Malpractice Reform, Jonathan Todres
Faculty Publications By Year
The medical malpractice liability system is blamed for everything from the high cost of health care to quality assurance issues. This Article suggests that that one of the problems with the current approach to medical malpractice is that legal remedies for medical error are not viewed as part of the continuum of care. Thus, a new model - driven by the principle of care and the goal of healing - is needed to address medical errors more effectively. Building from these core principles of care and healing, the author develops a new healing-centered framework which provides a better assessment of …