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Buying Witness Silence: Evidence-Suppressing Settlements And Lawyers' Ethics, Jon Bauer

Faculty Articles and Papers

Lawyers frequently draft settlements that impede other parties' access to relevant evidence through clauses that prohibit the plaintiff from disclosing information to anyone with a claim against the defendant or forbid all discussion of the facts underlying the dispute. This Article argues that lawyers who negotiate these noncooperation agreements violate Rule 3.4(f) of the Model Rules of Professional Conduct, which prohibits requesting someone other than the lawyer's own client to withhold relevant information from another party, and Model Rule 8.4(d), which prohibits conduct prejudicial to the administration of justice. The conventional wisdom among practitioners and legal ethics scholars has been …

Business And Industry Training Employment Opportunities, Christie Callahan

OTS Master's Level Projects & Papers

The purpose of this study was to determine employment opportunities for entry-level business and industry trainers within the Hampton Roads area.

William Huckins V. Nannette Rolfe, Bureau Chief Driver Control Bureau, Driver License Division, Department Of Public Safety, State Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the Third Judicial District Court, Salt Lake County, Judge Denise Lindberg

State Of Utah V. Francisco A. Candedo : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This writ of certiorari arises from a court of appeals' decision affirming the conviction for one count of Securities Fraud, a second degree felony, in violation of Utah Code Ann. § 61-1-1 (2006) and § 61-1-21 (2006), one count of Sales by an Unlicensed Agent, a third degree felony, in violation of Utah Code Ann. § 61-1-3 and § 61-1-21 (2006), and one count of Employing an Unlicensed Agent, a third degree felony, in violation of Utah Code Ann. § 61-1-3 (2006) and § 61-1-21 (2006), in the Third Judicial District, in and for Salt Lake County, State of Utah, …

State Of Utah V. Curtis Palmer : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Petitioner

A Comparative Analysis Of Differences In Resident Satisfaction, Retention, And Cumulative Grade Point Average Between University, Jeffrey Novak

Electronic Theses and Dissertations

This study compared students' perceptions and satisfaction as they related to their place of residence. In addition, this study sought to determine if a difference existed between student retention rates from their first year in college to their second year and one's grade point average with respect to one's place of residence within the collegiate setting. As such, the problem this study examined was the overall impact of where a first-time-in-college student lived within the University of Central Florida housing system and how that living environment impacted students' levels of satisfaction, overall retention rates, and cumulative grade point averages. The …

Providing A Safe Harbor For Those Who Play By The Rules: The Case For A Strong Regulatory Compliance Defense, Richard C. Ausness, H. Lee Barfield, David A. King, Joshua R. Denton, Stephen J. Jasper

Law Faculty Scholarly Articles

On September 25, 2003, a fire broke out at the National Health Care (NHC) nursing home facility in Nashville, Tennessee, causing sixteen deaths and a number of injuries from smoke inhalation. Thirty-two victims subsequently filed suit against the nursing home, alleging that NHC was negligent for failing to install sprinklers in its facility. This claim was made notwithstanding the fact that applicable federal, state, and local safety regulations did not require the installation of sprinklers in this particular type of building, and notwithstanding that the NHC facility had been inspected by state fire inspectors just months before the fire and …

Determinants Of Human Resources Management Performance On County Efficiencies: A Study Of Florida Counties, Janet Davis

Electronic Theses and Dissertations

Performance measurement has been adopted and implemented in the private sector as a tool to measure and improve performance. Performance measurement is relatively new to the public sector, yet counties could benefit from establishing performance measures. This study uses the 67 Florida counties to compare Human Resource performance measures to county efficiency measures through path analysis to assess the contribution compensation and recruitment practices have on county efficiency measures of fiscal, process and technical efficiencies. It includes county contextual variables in the models. The data was collected via professional publications and organizations, survey and personal contacts and entered into a …

Police Stress, Dennis J. Stevens

Political Science & Global Affairs Faculty Publications

This entry defines police officer stress and describes its consequences, origins, and the individual and organizational methods to control it. Controlling stress can enhance the delivery of police services and guide officers toward healthy lifestyles. One definition of stress is the wear and tear our bodies and minds experience as we react to physiological, psychological, and environmental changes throughout our lives. It is a nonspecific response of the body to a demand for change. Its centerpiece is the relationship between an external event and an internal response: For every action, there’s a reaction.

2008-2009 Graduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

Academic catalog for Armstrong Atlantic State University.

An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky

Journal of Criminal Law and Criminology

No abstract provided.

Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

The Consequences Of Law Enforcement Officials' Failure To Record Custodial Interviews As Required By Law, Thomas P. Sullivan, Andrew W. Vail

Journal of Criminal Law and Criminology

No abstract provided.

Unconstitutional Mixing Of Religion And The Judiciary: An Analysis Of The Fugitive Safe Surrender Program Under Establishment Clause Jurisprudence , Jeffrey A. Gruen

Seton Hall Law Review

No abstract provided.

2008 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.

Protestants, Catholics, And The State: The Origins Of Public Education In Territorial New Mexico, 1846–1912, Jon Wallace

New Mexico Historical Review

No abstract provided.

2008 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 20

An Interview with Max Frankel, page 26

Going Global: Legal Lessons on Location, page 31

With J.D.s in Hand Alumni Pursue Something Different, page 38

Alumni News, page 48

The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham

University of Miami Law Review

No abstract provided.

The Suspension Clause As A Structural Right, Stephen I. Vladeck

University of Miami Law Review

No abstract provided.

Final Report For The Evaluation Of Nebraska’S Serious And Violent Offender Reentry Program, Lisa L. Sample, Cassia Spohn, Candice Batton, Scott Chenault

Past Publications

The purpose of the evaluation of the NDCS Serious and Violent Offender Reentry Program was to assess the success of the program in three areas. First, an evaluation of the process was conducted to determine if a reentry program had indeed been created by the NDCS. Second, a cost benefit analysis was conducted to determine the economic savings that a reentry program could promote for the state of Nebraska. Finally, an outcome evaluation was conducted to determine if the reentry program was successful in its goal of reducing recidivism among serious and violent offenders in the state. Below are the …

Don't Count Them Out Just Yet: Toward The Plausible Use Of Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Contrary to conventional wisdom, the Supreme Court's recent decision in Parents Involved in Community Schools v. Seattle School District No. 11 could serve to broaden the permissible use of race beyond the boundaries presently permitted by the Court. In this highly fractionalized decision, five justices ultimately agreed that the race-based student assignment plans before their review could not withstand judicial scrutiny. One of these justices, Justice Kennedy, agreed with the plurality's conclusion, but rejected the plurality's assessment that it is never permissible to use race-preference student assignment plans absent evidence of de jure segregation. His concurrence, when read together with …

Wyoming's "Outlaw" Juvenile Justice Act, Jeremy Kisling

Wyoming Law Review

No abstract provided.

Sex Offender Registration And Community Notification Policy: Past, Present, And Future, Wayne A. Logan

Scholarly Publications

Based on a keynote address delivered in conjunction with the Journal's annual symposium, this paper examines several of the major legal and policy issues associated with sex offender registration and community notification laws. Particular attention is dedicated to the Adam Walsh Act, a federal law enacted in July 2006 that continues efforts by Congress to foster changes in state registration and notification regimes as a result of its Spending Clause authority. In addition to discussing the federalism implications of the AWA, the paper examines several of its most significant provisions, including those calling for empirical assessment of registration and community …

The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick

University of Colorado Law Review

In the two years since the landmark Booker decision, federal sentencing policy has been in a state of suspended animation. This Article urges federal sentencing reform advocates to look to an unlikely source for realistic goals and ideological support-the experiences of Republican judicial appointees in the Guidelines Era. Its findings are based upon a long-term research project into cases in which Republican appointees stated their disagreement with the sentences required by law from the bench. The Article discusses the primary product of my research, forty comprehensive case profiles and their policy implications. Specifically, the Article demonstrates how the lessons of …

Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow

University of Colorado Law Review

This Article analyzes the lack of civic engagement in local government decision-making and the problems that result from it. Public choice theory offers one explanation: dominant special interest groups capture local governments for their own private interests. Thus, average citizens are not only alienated from their local government, but they also find the barriers to entry into local politics too high for collective action and participation. While at first glance this account seems accurate, public choice theory's explanation of local governments has normative limitations because it fails to recognize these features of the local political process as problematic-much less to …

What Happened To "Paul's Law"?: Insights On Advocating For Better Training And Better Outcomes In Encounters Between Law Enforcement And Persons With Autism Spectrum Disorders, Elizabeth Harvey Osborn

University of Colorado Law Review

No abstract provided.

Accounting For Federalism In State Courts: Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hilary Massey

University of Colorado Law Review

After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court has provided more leeway to federal officers in the past few decades by limiting the scope of the exclusionary rule, for example. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether to …

Reproductive Tourism And The Role Of The European Union, Elizabeth Ferrari Morris

Chicago Journal of International Law

This Development will focus on the role that the EU can and should play in administering the reproductive technology needs of its Member States. First, this Development will delve into the specific problems that have arisen from lack of central regulation. The discussion will then turn to current EU regulation practices of donated cell material and how these initiatives are insufficient to confront the public health problems produced by reproductive tourism. Finally, the argument concludes by discussing how the EU can administer cell donations more effectively and in a manner that is more consistent with its other bioethical practices without …

Reentering The Community A Criminal: A Case Study Of Jail Inmates Released From The Strafford County Department Of Corrections, Jillian Marie Kalosky

Master's Theses and Capstones

The current study examines inmates' transition into the community upon release from the Strafford County Department of Corrections (SCDOC), a rural county jail in New Hampshire, in 2006. The present goals are to analyze the degree to which these individuals were able to successfully reintegrate into the community and to identify potential risk factors for future engagement in crime. To meet these goals, the current study utilizes (1) data collected during pre-release discharge plan meetings (n = 160); (2) data retrieved from the official SCDOC corrections database, which reports any arrests and/or incarcerations that have resulted since release (n = …