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Articles 2461 - 2490 of 2747
Full-Text Articles in Entire DC Network
Finding Room For State Class Actions In A Post-Cafa World: The Case Of The Counterclaim Class Action, Jay Tidmarsh
Finding Room For State Class Actions In A Post-Cafa World: The Case Of The Counterclaim Class Action, Jay Tidmarsh
Journal Articles
In this Article, I wish to suggest one place in which state courts can continue to have an impact on class-action practice: the adjudication of counterclaim class actions. A counterclaim class action arises when a non-class complaint is filed by a plaintiff against a defendant, who turns around and asserts against the plaintiff, on behalf of a class of similarly situated individuals, a counterclaim for relief. In Part II, I explain the factual, jurisdictional, and legal dynamics of such state-court counterclaim class actions. In Part III, I argue that counterclaim class actions, when filed in state court, are not removable …
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
Journal Articles
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …
Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Maryland Law Review
No abstract provided.
Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome
Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome
Campbell Law Review
This Comment will look through a circumscribed lens at the mailorder bride domestic abuse in the United States that is facilitated by the IMB industry and will also consider the sufficiency of IMBRA in curtailing the problem. This comment will: (1) give background information on the IMB industry; (2) examine -mail-order bride domestic abuse and how IMBs facilitate the problem; (3) explain IMBRA and its goals; and (4) take a critical look at IMBRA and give recommendations to further prevent mail-order bride domestic abuse in this country.
The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant
The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant
Campbell Law Review
No abstract provided.
Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood
Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood
Scholarship@WashULaw
Black students who attend school regularly, participate in the classroom experience — by either participating in class and/or turning in homework, take “AP” classes, and who perform well on tests are, not uncommonly, accused of “acting white.” This happened to me as a child, it has happened to my children and it has happened to black youth I have interviewed throughout the country. This Article explores the practice within the black community of blacks who attack — verbally and sometimes physically — other blacks simply because the latter perform well in school. The Article explores the ironies of this attack …
The War On Terror- Or The Terror That Leads To War, Dr. Patrick T. Mccormick Ph.D.
The War On Terror- Or The Terror That Leads To War, Dr. Patrick T. Mccormick Ph.D.
Verbum Incarnatum: An Academic Journal of Social Justice
The most avowedly religious and Christian of all the developed nations, America is also a country perennially ready to answer the call to arms, disproportionately disposed to wage war against other nations and a wide range of social ills, and habituated to justifying these crusades and campaigns by casting them as part of some cosmic battle against the forces of evil and sin. An apocalyptic strain, which has long shaped America's religious imagination, is often used to mobilize an unreasonably frightened public into unnecessary and counterproductive "wars" and to demonize internal or external groups so as to justify violations and …
A Field Of Failed Dreams: Problems Passing Effective Ecoterrorism Legislation, Alyson B. Walker
A Field Of Failed Dreams: Problems Passing Effective Ecoterrorism Legislation, Alyson B. Walker
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Senior Capstone Project : Resources For Juvenile Sex Offenders In Monterey County : Monterey County Probation Department -- Juvenile Division, Ignacio Pacheco
Senior Capstone Project : Resources For Juvenile Sex Offenders In Monterey County : Monterey County Probation Department -- Juvenile Division, Ignacio Pacheco
Capstone Projects and Master's Theses
An overview of juvenile sex offender characteristics, treatment resources in Monterey County, and recommendations for better service delivery to this population and the community. This report is of scholarly nature and was completed for the Monterey County Probation Department to address the problem that these perpetrators pose to the community.
Closing The Gap: Interpreting Federal Rule Of Evidence 408 To Exclude Evidence Of Offers And Statements Made By Prosecutors During Plea Negotiations, Mark T. Pavkov
Case Western Reserve Law Review
No abstract provided.
Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman
Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman
Case Western Reserve Law Review
No abstract provided.
Commentary: Brady, Brady, Wherefore Art Thou Brady, Michael J. Benza
Commentary: Brady, Brady, Wherefore Art Thou Brady, Michael J. Benza
Case Western Reserve Law Review
No abstract provided.
Commentary: Brady From The Prosecutor's Perspective, Steven M. Dettelbach
Commentary: Brady From The Prosecutor's Perspective, Steven M. Dettelbach
Case Western Reserve Law Review
No abstract provided.
Guilty Pleas, Brady Disclosure, And Wrongful Convictions, Kevin C. Mcmunigal
Guilty Pleas, Brady Disclosure, And Wrongful Convictions, Kevin C. Mcmunigal
Case Western Reserve Law Review
No abstract provided.
Violence Against Women In New Hampshire, Grace Mattern, Victoria Banyard, Lisa Bujno, David Laflamme, Mary M. Moynihan, Sharyn J. Potter
Violence Against Women In New Hampshire, Grace Mattern, Victoria Banyard, Lisa Bujno, David Laflamme, Mary M. Moynihan, Sharyn J. Potter
Peer-Reviewed and Other Publications
No abstract provided.
Symposium Prosecutorial Ethics And The Right To A Fair Trial: The Role Of The Brady Rule In The Modern Criminal Justice System - Introduction, Lewis R. Katz
Case Western Reserve Law Review
No abstract provided.
Brady And Jailhouse Snitches, Paul C. Giannelli
Brady And Jailhouse Snitches, Paul C. Giannelli
Case Western Reserve Law Review
No abstract provided.
Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter
Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter
Faculty Articles
In June 2007, the Standing Committee on the Federal Rules of Procedure and Evidence authorized publication for comment on a number amendments to the rules of criminal procedure. The amendment to Criminal Rule 7 would delete subdivision (c)(2) because it is covered in Rule 32.2(a). The change to Criminal Rule 32 would provide that the presentence report should state whether the government is seeking forfeiture of property. Amendments to Criminal Rule 32.2. would change a number of procedures related to criminal forfeiture. Criminal Rule 41 would create a two-step process for seizing and reviewing electronic storage media. Amendments to the …
Computational Methods For The Objective Review Of Forensic Dna Testing Results, Jason R. Gilder
Computational Methods For The Objective Review Of Forensic Dna Testing Results, Jason R. Gilder
Browse all Theses and Dissertations
Since the advent of criminal investigations, investigators have sought a "gold standard" for the evaluation of forensic evidence. Currently, deoxyribonucleic acid (DNA) technology is the most reliable method of identification. Short Tandem Repeat (STR) DNA genotyping has the potential for impressive match statistics, but the methodology not infallible. The condition of an evidentiary sample and potential issues with the handling and testing of a sample can lead to significant issues with the interpretation of DNA testing results. Forensic DNA interpretation standards are determined by laboratory validation studies that often involve small sample sizes. This dissertation presents novel methodologies to address …
Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic
Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan
Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan
Duke Journal of Gender Law & Policy
No abstract provided.
From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella
From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella
University of Florida Journal of Law & Public Policy
No abstract provided.
Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill
Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill
Faculty Scholarship
No abstract provided.
Addressing The Emergence Of Advocacy In The Chinese Criminal Justice System: A Collaboration Between A U.S. And A Chinese Law School, Robert Lancaster, Xiangshun Ding
Addressing The Emergence Of Advocacy In The Chinese Criminal Justice System: A Collaboration Between A U.S. And A Chinese Law School, Robert Lancaster, Xiangshun Ding
Journal Articles
No abstract provided.
At The Intersection Of Race And History: The Unique Relationship Between The Davis Intent Requirement And The Crack Laws, Christopher J. Tyson
At The Intersection Of Race And History: The Unique Relationship Between The Davis Intent Requirement And The Crack Laws, Christopher J. Tyson
Journal Articles
No abstract provided.
How Can Japanese Corporations Protect Confidential Information In U.S. Courts?, Masamichi Yamamoto
How Can Japanese Corporations Protect Confidential Information In U.S. Courts?, Masamichi Yamamoto
Vanderbilt Journal of Transnational Law
U.S. courts have seen a significant increase in the number of lawsuits involving both U.S. and Japanese corporations. In deciding these cases, U.S. courts may have to choose how to apply the attorney-client privilege to in-house lawyers retained by corporations in Japan, where the legal system and discovery rules are fundamentally different from those of the United States. U.S. courts would most likely analyze these situations under the Remy-Martin/Minolta test and recognize the attorney-client privilege only for managers of legal departments in Japanese corporations, not for other non-bengoshi (non-licensed) in-house lawyers. This will change in the near future, however, when …
Liberalizing Trade In Agriculture And Food Security--Mission Impossible?, Christine Kaufmann, Simone Heri
Liberalizing Trade In Agriculture And Food Security--Mission Impossible?, Christine Kaufmann, Simone Heri
Vanderbilt Journal of Transnational Law
The Agreement Establishing the World Trade Organization (WTO) foresees that trade should be conducted with a view to raising standards of living. It is undisputed that raising living standards contributes to the implementation of the right to food. Indeed, state parties to the WTO have obligations regarding the right to food not only under the international trade system, but also under the human rights regime. All WTO state parties are bound by customary human rights law, and most have ratified the International Covenant on Economic, Social, and Cultural Rights, of which Article 11 contains the most important codification of the …
Strafford County 2006 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2006., Stafford County Representatives
Strafford County 2006 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2006., 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.
Find Your Focus | The Academic Centers At New York Law School, New York Law School
Find Your Focus | The Academic Centers At New York Law School, New York Law School
NYLS Bulletins and Catalogs
2007
Sharpening The Dialogue Debate: The Next Decade Of Scholarship, Kent Roach
Sharpening The Dialogue Debate: The Next Decade Of Scholarship, Kent Roach
Osgoode Hall Law Journal
The first part of this commentary examines the roles of coordinate construction in which legislatures act on their own interpretation of the constitution, second look cases in which the courts judge the constitutionality of a legislative reply to a judicial decision, and various constitutional remedies. The second part examines some differences in emphasis between the author's approach to dialogue and that taken by Hogg and his co-authors with respect to the justification of the judicial role in the dialogue, the relation between Charter dialogue and common law constitutionalism, and the proper interpretive approach to section 7 of the Charter. Three …