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Articles 1921 - 1950 of 2826
Full-Text Articles in Entire DC Network
Beyond Judicial Minimalism, Cass R. Sunstein
Charter Tracks: Twenty-Five Years Of Constitutional Influence On The Criminal Trial Process And Rules Of Evidence, David Paciocco
Charter Tracks: Twenty-Five Years Of Constitutional Influence On The Criminal Trial Process And Rules Of Evidence, David Paciocco
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
When it came to matters of criminal process, the Charter was not greeted with enthusiasm. There was a sense that to use constitutional principles to change past practices would constitute an inaccurate admission that pre-Charter trials had been unfair. When a satellite view is taken it appears even after 25 years that this kind of conservatism has prevailed. With rare exception, Charter challenges to rules of proof and procedure have failed. Yet to judge the impact of the Charter on criminal procedure using only this lens and measure fails to reveal the transformative influence the Charter has had. Those failed …
The Charter And Protection Against Wrongful Conviction: Good, Bad Or Irrelevant?, Christopher Sherrin
The Charter And Protection Against Wrongful Conviction: Good, Bad Or Irrelevant?, Christopher Sherrin
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper asks whether the Canadian Charter of Rights and Freedoms, as interpreted over the past 25 years, has made a positive contribution to the protection afforded in Canadian law against wrongful conviction. The paper argues that while the Charter has made a positive contribution in a couple of areas, its overall impact is not clear. It is, in fact, arguable that the Charter has made things worse for the innocent. The paper proceeds in four parts. First, the paper describes the two areas where the Charter has made a positive contribution, namely, disclosure and reverse onuses and presumptions. The …
Supreme Court Of Canada Constitutional Cases 2007: Defining Access To Justice, Patricia Hughes
Supreme Court Of Canada Constitutional Cases 2007: Defining Access To Justice, Patricia Hughes
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Taking a broad approach to the meaning of “access to justice”, to include not only physical and financial access to courts and tribunals, and capacity to enforce or establish rights, but also the use of the legal system to claim a share in the “goods” and realization of the values that are said to characterize Canadian society, the author analyzes several decisions of the Supreme Court of Canada in 2007 that relate to access to justice in different ways. Christie and Little Sisters (No. 2) involve the question of financial barriers to accessing the legal system; the result in both …
Youth As Victims And Offenders In The Criminal Justice System: A Charter Analysis — Recognizing Vulnerability, Nicholas Bala
Youth As Victims And Offenders In The Criminal Justice System: A Charter Analysis — Recognizing Vulnerability, Nicholas Bala
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper reviews the leading Charter decisions about youth in the criminal justice system, first examining cases in which youth are charged with offences, and the n considering cases that deal with the m as victims and witnesses. The focus is on Charter jurisprudence, with some discussion of the United Nations Convention on the Rights of the Child, and its impact on interpreting the Charter and Canadian legislation. The Canadian courts have recognized that youth have a special status in the criminal justice system, one that is reflected in legislation and international law and that should also be reflected in …
Fault And Punishment Under Sections 7 And 12 Of The Charter, Jamie Cameron
Fault And Punishment Under Sections 7 And 12 Of The Charter, Jamie Cameron
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
The late Antonio Lamer took the lead, under the Charter, in constitutionalizing the substantive criminal law. In that regard, the Motor Vehicle Reference may be his most important Charter decision: the re, he proposed an institutional the ory of substantive review for section 7 — a guarantee which, it is agreed, was intended only to have procedural content. Not only was Justice Lamer’s the ory of review unsound, the section 7 fault jurisprudence which followed the MVR was no more than a modest success. Yet analysis shows how the section 7 cases are linked to section 12 — and its …
Winter 2008 Nova Southeastern University Undergraduate Student Catalog, Nova Southeastern University
Winter 2008 Nova Southeastern University Undergraduate Student Catalog, Nova Southeastern University
Undergraduate Programs Course Catalogs
No abstract provided.
Undergraduate Student Catalog Winter 2008, Nova Southeastern University
Undergraduate Student Catalog Winter 2008, Nova Southeastern University
Undergraduate Programs Course Catalogs
No abstract provided.
Co 515 Forgiveness In The Counseling Process, Virginia Todd Holeman
Co 515 Forgiveness In The Counseling Process, Virginia Todd Holeman
Syllabi
Enright, R. D. (2001). Forgiveness is a choice: A step-by-step process for resolving anger and restoring hope. Washington, DC: American Psychological Association. Holeman, V. T. (2004). Reconcilable differences: Hope and healing for troubled marriages. Downers Grove, IL: InterVarsity Press. Jones, G. (1995). Embodying forgiveness. Grand Rapids, MI: Wm. B. Eerdmans. Nouwen, H. J.M. (1992). The return of the prodigal son. New York: Image Books. Worthington, E.L. (2003). Forgiving and reconciling: Bridges to wholeness and hope. Downers Grove, IL: InterVarsity Press. Wright, N. T. (2006). Evil and the justice of God. Downers Grove, IL: InterVarsity Press.
The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman
The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This is the James D. Hopkins Memorial Lecture in honor of Judge Hopkins, who was the Dean of Pace Law School from 1982 to 1983 and earlier served with great distinction on the New York Appellate Division's Second Judicial Department. Judge Hopkins served on that court when I worked in the special prosecutor's office, and as head of the appeals bureau, I argued several cases in Judge Hopkins' court. One case stands out, the case of Salvatore Nigrone v. Murtagh. It was an extensive undercover investigation. My office used informants, wiretaps, and a sham arrest to expose corrupt attempts to …
A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt
A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt
Michigan Law Review First Impressions
“I need the public to understand that my office takes all cases involving animal cruelty very seriously . . . [and i]t doesn’t matter whether the mistreated animal is a beloved family pet or a cow at a slaughterhouse. Unnecessary cruelty will not be tolerated and will be prosecuted to the fullest extent allowed by law.” San Bernardino County District Attorney Michael A. Ramos (February 15, 2008) One morning in January 2008, images of horrific animal cruelty were blasted by Internet, television, and print media throughout the country. The story was all the more shocking in that the animals at …
The Right To Pre-Trial Silence: Where Does It Stand And What’S Next After Singh?, Jamie Klukach, Diana Lumba
The Right To Pre-Trial Silence: Where Does It Stand And What’S Next After Singh?, Jamie Klukach, Diana Lumba
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
The Supreme Court’s judgment in R. v. Singh, released in 2007, settled the controversy regarding the scope of the Charter-enshrined section 7 right to silence in the context of custodial police questioning. The Court’s earlier decisions in R. v. Hebert (1990) and R. v. Oickle (2000) combined to raise questions about the interplay between the common law confessions rule and the Charter right to silence. Singh’s response was to cast the m as functional equivalents. Although the Court’s earlier jurisprudence may have seemed to suggest otherwise, Singh declared that there is no scope to argue that police conduct, in “persuading” …
Aboriginal Over-Representation And R. V. Gladue: Where We Were, Where We Are And Where We Might Be Going, Jonathan Rudin
Aboriginal Over-Representation And R. V. Gladue: Where We Were, Where We Are And Where We Might Be Going, Jonathan Rudin
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
The most significant development in the criminal law for Aboriginal people over the last 25 years was the decision by the Supreme Court of Canada in R. v. Gladue. This paper looks at the background and history behind the Gladue decision, the impact or lack of impact of the decision on Aboriginal rates of over-representation and the role that the Charter, notably section 15, has played and might play in this issue over the coming years.
Law Enforcement's Reconceptualization Of Juvenile Prostitutes From Delinquency Offenders To Child Sexual Abuse Victims In Six Us Cities, Stephanie Halter
Law Enforcement's Reconceptualization Of Juvenile Prostitutes From Delinquency Offenders To Child Sexual Abuse Victims In Six Us Cities, Stephanie Halter
Doctoral Dissertations
The involvement of youth in prostitution has proven to be a difficult and complex issue for law enforcement, child welfare, and social service agencies to confront. This stems from the complicated social and legal aspects of the problem, which have created considerable ambiguity in how to recognize, define and, ultimately, handle juveniles engaging in prostitution. This research project examined how juvenile prostitutes were conceptualized by law enforcement, as victims or offenders, by examining the law enforcement response to this social problem. One hundred and twenty-six juvenile prostitute's case files from six law enforcement agencies in major U.S. cities were reviewed …
Correcting Native American Sentencing Disparity Post-Booker, Timothy J. Droske
Correcting Native American Sentencing Disparity Post-Booker, Timothy J. Droske
Marquette Law Review
No abstract provided.
Poverty’S Captives, Tim Brauhn
Poverty’S Captives, Tim Brauhn
Human Rights & Human Welfare
Today’s manifestations of bondage are a marked departure from those of pre-modern slavery. Now the value of the human “goods” is so low that slavers do not have to worry about damaging them. Two hundred years ago, slaves had to at least be treated with a modicum of safety, if for no other reason than to ensure continued profitability. But in the 20th and 21st centuries, slavers have become less like “hunters” and more like “gatherers,” since their work no longer involves raids and chains, at least in the physical sense. No, today’s raids are the false promises of work …
American Indian Student Services, Michelle Kozel
American Indian Student Services, Michelle Kozel
UND Departmental Histories
This departmental history was written on the occasion of the UND Quasquicentennial in 2008.
Political Science And Public Administration, Mark Jendrysik
Political Science And Public Administration, Mark Jendrysik
UND Departmental Histories
This departmental history was written on the occasion of the UND Quasquicentennial in 2008.
Department Of Criminal Justice, Michael Meyer
Department Of Criminal Justice, Michael Meyer
UND Departmental Histories
This departmental history was written on the occasion of the UND Quasquicentennial in 2008.
Division Of Continuing Education, Ben G. Gustafson, Robert H. Boyd, Fred Wittmann, Lynette Krenelka, Kim Pastir
Division Of Continuing Education, Ben G. Gustafson, Robert H. Boyd, Fred Wittmann, Lynette Krenelka, Kim Pastir
UND Departmental Histories
This departmental history was written on the occasion of the UND Quasquicentennial in 2008.
Department Of Sociology: 1983-2008, Kathleen A. Tiemann
Department Of Sociology: 1983-2008, Kathleen A. Tiemann
UND Departmental Histories
This departmental history was written on the occasion of the UND Quasquicentennial in 2008.
Colonial Presumptions: The War On Terror And The Roots Of American Exceptionalism, Natsu Taylor Saito
Colonial Presumptions: The War On Terror And The Roots Of American Exceptionalism, Natsu Taylor Saito
Faculty Publications By Year
The United States' current "war on terror" has been framed as a struggle for "civilization"; one which requires a "new paradigm of international law." The rationale for the United States' selective self-exemption from otherwise applicable international law in conducting this war has been that new and imminent threats require the re-shaping of legal doctrines. This essay considers this rationale against the backdrop of three centuries of American visions and policies, and the legal justifications put forth to justify Euroamerican expansion. It concludes that the justifications for American exceptionalism have been remarkably consistent throughout its history and that, as a result, …
The Underlying Causes Of Divergent First Amendment Interpretations, Scott C. Idelman
The Underlying Causes Of Divergent First Amendment Interpretations, Scott C. Idelman
MC Law Review
Symposium on Religion, Religious Pluralism, and the Rule of Law
Prosecuting The Jena Six, Anthony V. Alfieri
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
Faculty Publications
The fundamental question here is how to bring a population from a condition of hopelessness to one of self-governance, sustainable growth, and viable participation in the world community. The aim of this Symposium is to stimulate thinking about those questions by exploring whether there is a discernible legal architecture of nation-building.
United States V. Khan, 461 F.3d 477 (4th Cir. 2006): Discovering Whether "Similarly Situated" Individuals And The Selective Prosecution Defense Still Exist, Thomas P. Mccarty
United States V. Khan, 461 F.3d 477 (4th Cir. 2006): Discovering Whether "Similarly Situated" Individuals And The Selective Prosecution Defense Still Exist, Thomas P. Mccarty
Nebraska Law Review
The U.S. Constitution's Equal Protection principles demand that a prosecutor's "decision whether to prosecute may not be based on an unjustifiable standard such as race, religion, or other arbitrary classification." If a prosecutor prosecutes a defendant based on such arbitrary classifications, the defendant may raise the selective prosecution defense under the Equal Protection principles of the U.S. Constitution. The U.S. Supreme Court first recognized the validity of the selective prosecution defense over one hundred years ago. Since that time, the Court has continuously narrowed the defense's application. As a result, the standard for proving the elements of a selective prosecution …
About The Authors, Volume 26 (2008)
About The Authors, Volume 26 (2008)
To Improve the Academy: A Journal of Educational Development
About the editors and authors of volume 26 (2008) of To Improve the Academy: A Journal of Educational Development.
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Seattle University Law Review
This Article examines some of the jurisprudential roots of the racial discrimination debate, tracing the issue back to Brown and its immediate aftermath but finding the seeds of the disagreement in the ambiguities of the first Justice Harlan's celebrated dissenting opinion in Plessy v. Ferguson. The tensions between the two approaches did not matter in Plessy because segregation was impermissible under either theory, but the two approaches pointed in opposite directions in Parents Involved. Part II offers an overview of the Seattle and Louisville policies that were struck down in Parents Involved. Part III examines the various …
An Analysis Of The Feasibility Of A Joint Economic Development District Between The City Of Brunswick And Hinckley Township, Kevin O'Brien, Claudette Robey, Daila Shimek, Michael Mcgoun, Ryan Foster
An Analysis Of The Feasibility Of A Joint Economic Development District Between The City Of Brunswick And Hinckley Township, Kevin O'Brien, Claudette Robey, Daila Shimek, Michael Mcgoun, Ryan Foster
All Maxine Goodman Levin School of Urban Affairs Publications
No abstract provided.
Book Review: Slipping Backward: A History Of The Nebraska Supreme Court By James W. Hewitt., Cloyd Clark
Book Review: Slipping Backward: A History Of The Nebraska Supreme Court By James W. Hewitt., Cloyd Clark
Great Plains Research: A Journal of Natural and Social Sciences (through 2013)
James W. Hewitt answers that question and many more in his history of the Nebraska Supreme Court, Slipping Backward, which covers the court and its judges from 1938 through 1995. It is the first history of the Nebraska Supreme Court and the first book-length study of a Great Plains supreme court. Hewitt approached his task by reading each of the 14,335 cases decided by the Nebraska Supreme Court during those years, then artfully organizing his history around four Chief Justices of the court: Robert G. Simmons (1938-63), Paul W. White (1963-78), Norman Krivosha (1978-87), and William C. Hastings (1987-95). This …