Digital Commons Network^™

Trademarks Of Privilege: Naming Rights And The Physical Public Domain, Ann Bartow

Elisabeth Haub School of Law Faculty Publications

This Article critiques the branding and labeling of the physical public domain with the names of corporations, commercial products, and individuals. It suggests that under-recognized public policy conflicts exist between the naming policies and practices of political subdivisions, trademark law, and right of publicity doctrines. It further argues that naming acts are often undemocratic and unfair, illegitimately appropriate public assets for private use, and constitute a limited form of compelled speech. It concludes by considering alternative mechanisms by which the names of public facilities could be chosen.

Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

By any measure, Brady v. Maryland has not lived up to its expectations. Brady's announcement of a constitutional duty on prosecutors to disclose exculpatory evidence to defendants embodies, more powerfully than any other constitutional rule, the core of the prosecutor's ethical duty to seek justice rather than victory. Nevertheless, prosecutors over the years have not accorded Brady the respect it deserves. Prosecutors have violated its principles so often that it stands more as a landmark to prosecutorial indifference and abuse than a hallmark of justice. Moreover, as interpreted by the judiciary, Brady actually invites prosecutors to bend, if not break, …

Edison Community College General Catalog 2006-2007, Edison Community College

FSW Course Catalogs

Edison Community College General Catalog Volume Forty Five. 2006-2007. Scanned by Internet Archive.

2007 Annual Report To The Governor And The General Assembly, Tennessee Ethics Commission

Annual Reports

No abstract provided.

The False Claims Act And Corporate Criminal Liability: Qui Tam Actions, Corporate Integrity Agreements And The Overlap Of Criminal And Civil Law, Sharon Finegan

Dickinson Law Review (1908-2003)

No abstract provided.

Post A Message And Go To Jail: Criminalizing Internet Libel In Japan And The United States, Salil K. Mehra

University of Colorado Law Review

In the United States, criminal libel is all but dead. American law professors only write about it to denounce the continued existence of rarely enforced criminal libel statutes. In Japan, however, criminal libel laws have become vital tools in policing injurious speech on the Internet. Defamatory posts lead to police intervention and even arrest. Because the United States is considering regulation of online speech, potentially including criminal penalties, we can learn from the experience of Japan. From a positive perspective, this Article explains why Japan applies such laws to the Internet. From a normative perspective, the Article addresses why broadly …

Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill

University of Colorado Law Review

Most American criminal codes create an offense for recklessly killing another person, and nearly all contain a general provision covering any attempt to commit an offense. This article explores the relation between reckless homicide and attempt, which proves more complex than it appears and also turns out to provide a useful starting point for examination of several broader issues in attempt law and criminal law generally. The idea of "attempted reckless homicide" ("ARH") is largely disfavored by legal scholars and almost, but not quite, universally rejected in American law. Part I of the article questions that hostility. The theoretical arguments …

Arrested Development: An Alternative To Juveniles Serving Life Without Parole In Colorado, Gail B. Goodman

University of Colorado Law Review

More than 100 years ago, reformers established a separate juvenile court system meant to protect and rehabilitate delinquent children. However, several U.S. Supreme Court cases in the 1960s and 1970s slowly eroded the special features that distinguished the juvenile court from the criminal court. In addition, newly enacted legislation has facilitated the transfer of juvenile cases to the adult system. As a result, more juveniles are being tried in adult courts and the goals furthered by the juvenile court system are being ignored. Recent Supreme Court decisions and studies regarding adolescent brain development indicate that the current system for treating …

The Rise Of The Organizational Practice Of Child Welfare Law: The Child Welfare Law Office, Leslie Starr Heimov, Amanda George Donnelly, Marvin Ventrell

University of Colorado Law Review

No abstract provided.

Representation And The Spatial Bias Of Direct Democracy, Daniel A. Smith

University of Colorado Law Review

Daniel Smith analyzes whether direct democracy favors urban and suburban voters' interests at the expense of rural voters' interests. After reviewing existing academic literature on the (sub)urban rural divide in direct democracy contests, the author performs an empirical analysis of county-level voting data on numerous recent Colorado ballot initiatives. The author concludes that there is a significant regional bias concerning popular votes on ballot initiatives, and that rural communities of interest will likely continue to be tyrannized by (sub)urban majorities in statewide ballot contests

Intimidation Of Defense Witnesses At The International Criminal Tribunals: Commentary And Suggested Legal Remedies, Jared Paul Marx

Chicago Journal of International Law

This Comment begins with a short discussion of the legal status and the goals of the tribunals in section I. Section II examines the question of whether intimidation of defense witnesses is a due process violation under international criminal law. The tribunals' statutes and case law do not explicitly state whether witness intimidation is a violation of due process rights, but a plain-meaning reading of the statute, supported by evidence of customary international law, suggests that it is. Section III compares the remedies the tribunals grant for due process violations caused by tribunal actors with the remedies granted for due …

Rebuilding The Safety Mechanism: Does 18 U.S.C. § 3553(E) Violate The Separation Of Powers, Michael Buescher

Fordham Law Review

This Note examines the government motion requirement of 18 U.S.C. § 3553(e) and section 5K1.1 of the Federal Sentencing Guidelines from a separation of powers perspective. The issues discussed include whether requiring authorization from the prosecutor before a sentencing judge can consider a defendant's cooperation when determining whether to grant a downward departure below a mandatory minimum sentence violates separation of powers. Building on the concerns of past commentators and recognizing that the Federal Sentencing Guidelines are likely here to stay, this Note proposes that, in order to protect the perception of integrity in the criminal justice system, Congress should …

Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel

Fordham Law Review

No abstract provided.

Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal

Fordham Law Review

No abstract provided.

The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano

Fordham Law Review

This Note examines the legality of physicians treating patients near the end of life with risky pain medication, specifically during an extreme emergency situation. The issues discussed include whether such treatment should be criminalized and, if criminalized, what standard should be used to determine culpability. This Note proposes that physicians should not be shielded from the criminal justice system, but that the standard of double effect intent should be expressly adopted in the adjudication of such cases.

The Perplexing Problem Of Client Perjury, L. Timothy Perrin

Fordham Law Review

No abstract provided.

Enemy Combatants In The War On Terror And The Implications For The U.S. Armed Forces, Michael Petrusic

North Carolina Law Review

No abstract provided.

Nsu Fischler School Of Education And Human Services Early Childhood Education [2007], Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

Functional Neuroimaging Information: A Case For Neuro Exceptionalism?, Stacey A. Tovino

Scholarly Works

The field of neuroethics has been described as an amalgamation of two branches of inquiry: “the neuroscience of ethics” and “the ethics of neuroscience.” The neuroscience of ethics may be described as “a scientific approach to understanding ethical behavior.” The law and ethics of neuroscience is concerned with the legal and ethical principles that should guide brain research and the treatment of neurological disease, as well as the effects that advances in neuroscience have on our social, moral, and philosophical views. This Article is a contribution to the law and ethics of neuroscience.

No longer new or emerging, the burgeoning …

Imaging Body Structure And Mapping Brain Function: A Historical Approach, Stacey A. Tovino

Scholarly Works

Now in its second decade, functional magnetic resonance imaging (fMRI) localizes changes in blood oxygenation that occur in the brain when an individual performs a mental task. Physicians and scientists use fMRI not only to map sensory, motor, and cognitive functions, but also to study the neural correlates of a range of sensitive and potentially stigmatizing conditions, behaviors, and characteristics. Poised to move outside the traditional clinical and research contexts, fMRI raises a number of ethical, legal, and social issues that are being explored within a burgeoning neuroethics literature. In this Article, I place these issues in their proper historical …

How Can Conservation Help? Using Land Conservation To Address Other Economic And Social Issues, Bradford S. Gentry

Yale School of the Environment Publications Series

2007 Berkely Workshop Summary and Background Materials

Pocantico Conference Center, Tarrytown, New York, June 8-10, 2007 Hosted by the Land Trust Alliance and the Yale School of Forestry & Environmental Studies

States And Their Cities: Partnerships For The Future , Harold Wolmam, Edward W. Hill, Patricia Atkins, Pamela Blumenthal, Kimberly Furdell, Jo Anne Schneider, Elaine Weiss

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

Nowhere To Run: Custody, Relocation, And Domestic Violence In Florida, Patricia A. Mckenzie

Nova Law Review

No abstract provided.

Bgsu Graduate College 2007-2008 Catalog, Bowling Green State University

Course Catalogs

Bowling Green State University graduate catalog for 2007-2008.

Letting Katz Out Of The Bag: Cognitive Freedom And Fourth Amendment Fidelity, Christian Halliburton

Faculty Articles

Emerging surveillance technologies now allow operators to collect information located within the brain of an individual, allow the collection of forensic evidence regarding cerebral and cognitive processes, and are even beginning to be able to predict human intentions. While science has not yet produced a mind-reading machine per se, the devices referred to as cognitive camera technologies are substantial steps in the direction of that inevitable result. One such technique, a proprietary method called Brain Fingerprinting, is used as an example of the strong trend towards increasingly invasive and ever more powerful surveillance methods, and provides an entrée to a …

Using Global Law To Teach Domestic Advocacy, John B. Mitchell

Faculty Articles

There is currently a movement to integrate so-called global law into the law school curriculum. This essay, Using Global Law to Teach Domestic Advocacy, briefly explores this movement and its underlying rationales, and then focuses on using foreign procedural law in a traditional American trial advocacy course, principally to improve the students' domestic advocacy skills. Believing that such concepts are best understood in the concrete, Professor MitchellI has created a set of imaginary exercises to a trial advocacy class in which the instructor swaps various features of the Scotch Criminal Justice system (no opening statement, nor voir dire, three verdicts) …

Self-Report Measures Of Psychopathic And Schizotypal Personality Characteristics: A Confirmatory Factor Analysis Of Characteristics Of Antisocial Behavior And Hypothetical Psychosis-Proneness In A College Sample, Amber Nicole Bonogofsky

Graduate Student Theses, Dissertations, & Professional Papers

This study separated the constructs of hypothetical psychopathy and hypothetical psychosis-proneness by performing Confirmatory Factor Analyses on different proposed factor structures of both psychopathic and schizotypic subclinical symptoms using data from a college sample. The study validated and provided evidence for existing structures of each construct. Research showed that the constructs overlap in their factor structures, as do their measures, although psychopathy and schizotypy are most likely distinct constructs. As conceptualized by Dr. Robert Hare, originator of the Psychopathy Checklist Revised (PCL-R; 2003), psychopathy reflects two interrelated but distinct factors of symptoms. The first symptom factor (Factor 1) reflects the …

Pursuing Accountability For Atrocities After Conflict: What Impact On Building The Rule Of Law?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

In countries ravaged by widespread violence, the trauma does not end when the guns fall silent. On the contrary, atrocities have cast a long shadow in places such as the Balkans, where brutal massacres, mass rapes, and ethnic cleansing were regular features of war; in Rwanda, where a devastating genocide killed hundreds of thousands of people; and in Sierra Leone, where the civil war was marked by forced recruitment of child soldiers, rapes and murders, and the gruesome mutilation of civilians. In Afghanistan, Iraq, East Timor, and many other societies, severe abuses have also left deep pain and trauma in …

An Assessment Of The Hiv Prevention Needs Of Injection Drug Users In Montana, Nancy Mae Cunningham

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study was to assess HIV prevention needs of individuals living in Montana who use injection drugs (IDUs). Gaps between prevention needs and services were identified and recommendations for overcoming the barriers to accessing and implementing treatment needs and services were offered.
A qualitative case study approach was used. Data collection methods included: 1) IDU interviews, 2) Key Informant interviews, and 3) Documentation collection and archival record retrieval.
IDUs represented a wide range of demographic variables. While people of both genders, a variety of sexual orientations, ethnicities, educational levels, incomes and employment statuses participated in the interviews, …

Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page

Case Western Reserve Journal of International Law

No abstract provided.