Digital Commons Network^™

(Whatever Happened To) The Ada's Record Of Disability Prong(?), Alex B. Long

Scholarly Works

The ADA's record of disability prong is the prong least likely to be used by ADA plaintiffs in claiming protection under the Act. Between the years 2000 and 2004, ADA and Rehabilitation Act plaintiffs in federal court who alleged employment discrimination relied upon the record of disability prong less than one-third as often as the actual and perceived disability prongs in claiming disability status. Nor have ADA plaintiffs enjoyed any greater success when asserting coverage under the record of disability prong during that time period. Congress, the Equal Opportunity Commission (EEOC), and the federal courts bear much of the blame …

The Forum (Volume 36, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Real (Sentencing) World: State Sentencing In The Post-Blakely Era, Douglas A. Berman, Steven L. Chanenson

Working Paper Series

Soon after the Supreme Court in Blakely v. Washington declared certain judicial fact-finding within a state sentencing guideline system unconstitutional, Justice O’Connor described the Court’s decision as a “Number 10 earthquake.” But two years after the Blakely ruling, the case’s broader impact and meaning for state criminal justice systems around the country has been largely overshadowed by developments in the federal sentencing system. Nevertheless, this is an exciting time for state sentencing. By granting review in yet another state sentencing case, California v. Cunningham, this past spring, the Supreme Court brings state issues to the national stage once more.

State …

Auditing Executive Discretion, Mariano-Florentino Cuellar

Notre Dame Law Review

Executive branch officials routinely make thousands of decisions affecting public security and welfare. While it is rare that such discretionary decisions are entirely immune from some kind of judicial review, the courts' role is often so circumscribed or deferential that in some domains the probability of uncovering problems through such review almost certainly falls close to zero. The resulting amount of executive discretion carries considerable risks along with rewards. Some discretionary decisions undoubtedly benefit from the speed and flexibility associated with limits on judicial review. Yet judicial review's evisceration as a tool to restrain certain forms of discretion also makes …

The Death Penalty Through The Lenses Of Criminology/Criminal Justice Students And Non-Crcj Students, Shirley Ann Hamblet

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to examine the possible relationship between level of knowledge and perception regarding capital punishment among criminology/criminal justice (CRCJ) students in comparison with non-CRCJ majors. The data for this study were obtained from a sample of CRCJ and non-CRCJ majors enrolled at the University of Texas at Arlington. While CRCJ majors appeared to be more knowledgeable regarding capital punishment, there was little significant difference of opinion (perception) among CRCJ and non-CRCJ majors.

2006 Vol. 55 No. 2, Cleveland-Marshall College Of Law

2000s

No abstract provided.

Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry

Faculty Scholarly Works

The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.

Inductive Theoretical Integration: Approaching A General Theory Of Crime, Mark Christopher Saber

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to discuss and use theoretical integration in an attempt to better explain criminal behavior. Data for this study was obtained through a random power sample of undergraduate college students enrolled in criminology and criminal justice classes. Respondents chose a criminal behavior from a typology of drug, property, or violent criminal acts, and then chose theories which could aid in the explanation of that criminal behavior. The respondents were also asked the same concerning self-reported criminal activity. Analysis of the data showed that theoretical integration was used, by the respondents, to explain drug-related crimes committed …

Law Enforcement Grants, A Comparison Of Funded Grant Awards, Kenneth Myers

Criminology & Criminal Justice Theses - Archive

The research focuses on 48 federally funded / awarded grants from the United States Department of Justice, Community Oriented Police Services Office and the Department of Homeland Security. A measurement instrument was developed to extract data from the grants for the purpose of determining if similarities existed among the awarded grants. The grants chosen came from jurisdictions of all types, sizes and demographics and represent a cross-section of American law enforcement. Once the data was collected, it was analyzed and examined for similarities. The data is presented in a manner that allows the reader determine if the information presented can …

November 1, 2006 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.

Exchange Program Experiences Record Enrollment, Includes Two Fulbright Scholars, Deborah Purnell

University of Mississippi News

A record number of foreign exchange students, including two Fulbright scholars, are studying this fall at the University of Mississippi.

Mean Al, A.K.A. "Daddy", Alvin L. Gilcrist

Seattle Journal for Social Justice

No abstract provided.

Teaching A Prisoner To Fish: Getting Tough On Crime By Preparing Prisoners To Reenter Society, Beth A. Colgan

Seattle Journal for Social Justice

No abstract provided.

Neverlands, An Essay, Terry Ann Thaxton

Seattle Journal for Social Justice

No abstract provided.

Socal Justice And Comprehensive Law Practices: Three Washington State Examples, Heather E. Williams

Seattle Journal for Social Justice

No abstract provided.

Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski

Vanderbilt Law Review

Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers, though not entirely immune to the effects of cognitive illusions that have been shown to …

Two Constitutional Wrongs Do Not Make A Right: Double Jeopardy And Prosecutorial Misconduct Under The Brady Doctrine, Adam M. Harris

Cardozo Law Review

No abstract provided.

Constitutional Collectivism And Ex-Offender Residence Exclusion Laws, Wayne A. Logan

Scholarly Publications

The U.S. has often been imperiled by the competing interests of individual states, and while past threats have most frequently assumed economic or political form, this article addresses a different threat: state efforts to limit where ex-offenders (those convicted of sex crimes in particular) can live. The laws have thus far withstood constitutional challenge, with courts deferring to the police power of states. This deference, however, ignores the negative externalities created when states jettison their human dross, and defies Justice Cardozo's oft-repeated constitutional tenet that the “the peoples of the several states must sink or swim together.” The article discusses …

The Hilltop 11-1-2006, Hilltop Staff

The Hilltop: 2000 - 2010

No abstract provided.

An Unwarranted Disparity: Granting Fast-Track Departures In Non-Fast-Track Districts, Evan W. Bolla

Cardozo Law Review

No abstract provided.

Can Jury Trial Innovations Improve Juror Understanding Of Dna Evidence?, B. Michael Dann, Valerie P. Hans, David H. Kaye

Cornell Law Faculty Publications

A single spot of blood on a pink windowsill will tell investigators who broke a windowpane, turned a lock, and kidnapped 2-year-old Molly Evans from her bedroom in the middle of the night. An expert witness will testify that the DNA profile of the blood evidence recovered from the windowsill was entered into CODIS, an electronic database of DNA profiles. That process yielded a “hit,” identifying the defendant as the most likely source of the blood inside Molly’s room.

But will jurors be able to understand the expert’s intricate analysis and use it to reach a verdict? And what—if any—steps …

Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers that have been shown to distort litigation decision making, appear to make decisions in a …

Index

Missouri Law Review

Index

(Whatever Happended To) The Ada's "Record Of" Prong(?), Alex B. Long

Washington Law Review

Of the three prongs in the Americans with Disabilities Act's (ADA) definition of disability, the "record of" prong is far less likely to be used by ADA plaintiffs in claiming protection under the Act than are the actual disability and "regarded as" prongs. Between the years 2000 and 2005, ADA and Rehabilitation Act plaintiffs who alleged employment discrimination in federal court relied upon the "record of" prong less than one-third as often as either the actual and "regarded as" prongs in claiming disability status. When they did rely on the "record of" prong, ADA plaintiffs did not enjoy any greater …

The Guardian, November 01, 2006, Wright State University Student Body

The Guardian Student Newspaper

Twenty-eight page issue of The Guardian, the official student-run newspaper for Wright State University. The Guardian has been published regularly since March of 1965.

The Cognitive Psychology Of Circumstantial Evidence, Kevin Jon Heller

Michigan Law Review

Empirical research indicates that jurors routinely undervalue circumstantial evidence (DNA, fingerprints, and the like) and overvalue direct evidence (eyewitness identifications and confessions) when making verdict choices, even though false-conviction statistics indicate that the former is normally more probative and more reliable than the latter The traditional explanation of this paradox, based on the probability-threshold model of jury decision-making, is that jurors simply do not understand circumstantial evidence and thus routinely underestimate its effect on the objective probability of the defendant's guilt. That may be true in some situations, but it fails to account for what is known in cognitive psychology …

Combating Opium In Afghanistan, Ali A. Jalali, Robert B. Oakley, Zoe Hunter

Strategic Forums

Opium continues to pose one of the most serious threats to stability and good governance in Afghanistan. Proceeds and protection fees from trafficking are funneled to terrorist and insurgent groups, including the Taliban and al Qaeda. Insurgents have successfully leveraged poppy eradication efforts to increase popular resistance to both the government in Kabul and the presence of coalition forces. Despite major increases in counternarcotics programs and resources over the past year, production has shot up 59 percent.

Exploding The Class Action Agency Costs Myth: The Social Utility Of Entrepreneurial Lawyers, Myriam E. Gilles, Gary B. Friedman

Articles

In this article, we challenge the traditional view that entrepreneurial plaintiffs' class action lawyers operating entirely according to their own economic self-interest serve no social utility, or worse yet, tremendous disutility. In seeking to counter this notion, we try to show that the agency costs problem long derided in class action practice is overblown: in the majority of small-claims class actions, there is no legitimate reason to care whether class members are being undercompensated (or compensated at all), nor any reason to worry that entrepreneurial lawyers are being overcompensated. Rather, we assert that the driving force behind class action practice …

Justice For The Vulnerable? Debating The Relationship Between Aboriginal People And Australian Criminal Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

As much as it might be said that a nation is judged by the way it treats its most disadvantaged citizens, the reality of criminal justice is dependent on its relations with the vulnerable. On any measure Australian criminal justice is indicted by the overrepresentation of Aboriginal people in its domain.

Punishment, Prisons, And The Bible: Does "Old Testament Justice" Justify Our Retributive Culture?, Martin H. Pritikin

Cardozo Law Review

No abstract provided.