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2008

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Utb/Tsc Commencement - Winter 2008, University Of Texas At Brownsville, Texas Southmost College Jan 2008

Utb/Tsc Commencement - Winter 2008, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.


The "Tie" Goes To The State In Kansas V. Marsh: A Small Victory For Proponents Of The Death Penalty , Carrie L. Flores Jan 2008

The "Tie" Goes To The State In Kansas V. Marsh: A Small Victory For Proponents Of The Death Penalty , Carrie L. Flores

Valparaiso University Law Review

No abstract provided.


The Name Is The Same, But The Facts Have Been Changed To Protect The Attorneys: Strickland, Judicial Discretion, And Appellate Decision-Making, Gregory J. O'Meara S.J. Jan 2008

The Name Is The Same, But The Facts Have Been Changed To Protect The Attorneys: Strickland, Judicial Discretion, And Appellate Decision-Making, Gregory J. O'Meara S.J.

Valparaiso University Law Review

No abstract provided.


"Divine" Justice And The Lack Of Secular Intervention: Abrogating The Clergy-Communicant Privilege In Mandatory Reporting Statutes To Combat Child Sexual Abuse , Julie M. Arnold Jan 2008

"Divine" Justice And The Lack Of Secular Intervention: Abrogating The Clergy-Communicant Privilege In Mandatory Reporting Statutes To Combat Child Sexual Abuse , Julie M. Arnold

Valparaiso University Law Review

No abstract provided.


Civil Rights In The Execution Chamber: Why Death Row Inmates' Section 1983 Claims Demand Reassessment Of Legitimate Penological Objectives, Daniel R. Oldenkamp Jan 2008

Civil Rights In The Execution Chamber: Why Death Row Inmates' Section 1983 Claims Demand Reassessment Of Legitimate Penological Objectives, Daniel R. Oldenkamp

Valparaiso University Law Review

No abstract provided.


Ten Half-Truths About Tort Law, John C.P. Goldberg Jan 2008

Ten Half-Truths About Tort Law, John C.P. Goldberg

Valparaiso University Law Review

No abstract provided.


The Inevitable Discovery Doctrine: Indiana As The Exception, Not The Rule , Bradford R. Shively Jan 2008

The Inevitable Discovery Doctrine: Indiana As The Exception, Not The Rule , Bradford R. Shively

Valparaiso University Law Review

No abstract provided.


Transcript, Are We Over-Lawyering International Affairs?, 2005 National Lawyer's Convention Jan 2008

Transcript, Are We Over-Lawyering International Affairs?, 2005 National Lawyer's Convention

Chapman Law Review

No abstract provided.


Life, Liberty, Or Your Children: California Parents’ Fifth Amendment Quandary Between Self- Incrimination And Family Preservation, Kendra Weber Jan 2008

Life, Liberty, Or Your Children: California Parents’ Fifth Amendment Quandary Between Self- Incrimination And Family Preservation, Kendra Weber

Chapman Law Review

No abstract provided.


Transcript, What Is The “Free Press”?, 2005 National Lawyer's Convention Jan 2008

Transcript, What Is The “Free Press”?, 2005 National Lawyer's Convention

Chapman Law Review

No abstract provided.


California’S Determinate Sentencing Law: How California Got It Wrong . . . Twice, Travis Bailey Jan 2008

California’S Determinate Sentencing Law: How California Got It Wrong . . . Twice, Travis Bailey

Chapman Law Review

No abstract provided.


2008 Commencement Program, Seattle University Jan 2008

2008 Commencement Program, Seattle University

Commencement Programs

No abstract provided.


Sentencing High-Loss Corporate Insider Frauds After Booker, Frank O. Bowman Iii Jan 2008

Sentencing High-Loss Corporate Insider Frauds After Booker, Frank O. Bowman Iii

Faculty Publications

The Federal Sentencing Guidelines have for some years prescribed substantial sentences for high-level corporate officials convicted of large frauds. Guidelines sentences for offenders of this type moved higher in 2001 with the passage of the Economic Crime Package amendments to the Guidelines, and higher still in the wake of the Sarbanes-Oxley Act of 2002. Today, any corporate insider convicted of even a moderately high-loss fraud is facing a guideline range measured in decades, or perhaps even mandatory life imprisonment. Successful sentencing advocacy on behalf of such defendants requires convincing the court to impose a sentence outside (in many cases, far …


Competing Legal Cultures And Legal Reform: The Battle Of Chile, James M. Cooper Jan 2008

Competing Legal Cultures And Legal Reform: The Battle Of Chile, James M. Cooper

Michigan Journal of International Law

This Article explores the competition that exists between U.S. and German legal cultures and examines Chilean legal reform efforts since the late 1990s as a case study of this competition. A country's legal culture is comprised of the self-governing rules and operations of national and regional bar associations, the format of legal education, the structure of the legal and judicial profession, the role of the judiciary, jurisprudential style, and the reputation of the legal sector according to the general public. The influence of predominant legal cultures on developing nations has been explored in a number of contexts, while the importance …


Without A Doubt, A Sharp And Radical Departure: The Minnesota Supreme Court’S Decision To Change Plain Error Review Of Unobjected-To Prosecutorial Error In State V. Ramsey, James Morrow, Joshua R. Larson Jan 2008

Without A Doubt, A Sharp And Radical Departure: The Minnesota Supreme Court’S Decision To Change Plain Error Review Of Unobjected-To Prosecutorial Error In State V. Ramsey, James Morrow, Joshua R. Larson

Faculty Scholarship

No abstract provided.


Kids Count: The State Of The Child In Tennessee 2008, Tennessee Commission On Children And Youth Jan 2008

Kids Count: The State Of The Child In Tennessee 2008, Tennessee Commission On Children And Youth

Kids Count/State of the Child in Tennessee Reports

This report provides an overview of information on healthy infants, children and teens; child/teen well-being; education; economic security; and demographics.


Executing Capital Punishment Via Case Study: A Socratic Chat About New Jersey's Abolition Of The Death Penalty And Convincing Other States To Follow Suit, James B. Johnston Jan 2008

Executing Capital Punishment Via Case Study: A Socratic Chat About New Jersey's Abolition Of The Death Penalty And Convincing Other States To Follow Suit, James B. Johnston

Journal of Legislation

No abstract provided.


The Victims Of Victim Participation In International Criminal Proceedings, Charles P. Trumbull Iv Jan 2008

The Victims Of Victim Participation In International Criminal Proceedings, Charles P. Trumbull Iv

Michigan Journal of International Law

This Article proceeds as follows. Part I discusses the emerging norms regarding victims' rights in international law and the factors that influenced the victim participation scheme in the Rome Statute. Section A focuses on the victims' rights movement in domestic and international law; Section B examines the case law on victim participation from several treaty-based international human rights tribunals; and Section C explains how criticisms of the ICTY and the ICTR resulted in extensive rights for victims in the ICC. Next, Part II explains the statutory framework that governs the victims' role in ICC proceedings. It then discusses the emerging …


Obstructing The Bernardo Investigation: Kenneth Murray And The Defence Counsel’S Conflicting Obligations To Clients And The Court, Christopher D. Clemmer Jan 2008

Obstructing The Bernardo Investigation: Kenneth Murray And The Defence Counsel’S Conflicting Obligations To Clients And The Court, Christopher D. Clemmer

Osgoode Hall Review of Law and Policy

This article focuses on how the investigation and prosecution of Paul Bernardo not only exposed one of Ontario‟s most notorious killers but led to significant discussion about the legal and ethical obligations faced by criminal defence lawyers. Using the example of the prosecution of Kenneth Murray, Bernardo‟s lawyer, for obstruction of justice, this paper examines the tension that is created between the conflicting duties owed by defence lawyers to candor and confidentiality. The limits of confidentiality are explored, as is the importance of the solicitor-client relationship to the legal system and whether (or when) there is a duty to disclose …


Insuring Corporate Crime, Miriam H. Baer Jan 2008

Insuring Corporate Crime, Miriam H. Baer

Faculty Scholarship

Corporate criminal liability has become an important and much-talked about topic. This Article argues that entity-based liability - particularly the manner in which it is currently applied by the federal government - creates social costs in excess of its benefits. To help companies better deter employee crime, the Article suggests the abolition of entity-wide criminal liability, and in its place, the adoption of an insurance system, whereby carriers would examine corporate compliance programs, estimate the risk that a corporation's employees would commit crimes, and then charge companies for insuring those risks. The insurance would cover the entity's civil penalties associated …


Timothy Michael And Tamara Mcqueen Hutter V. Dit-It, Inc. : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Timothy Michael And Tamara Mcqueen Hutter V. Dit-It, Inc. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


The State Of Utah V. Francisco A. Candedo : Brief Of Petitioner, Utah Court Of Appeals Jan 2008

The State Of Utah V. Francisco A. Candedo : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


State Of Utah V. Boyd Earl Peterson Dob : Brief Of Appellant, Utah Court Of Appeals Jan 2008

State Of Utah V. Boyd Earl Peterson Dob : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Defendant/Appellant's Brief on Appeal


State Of Utah V. Carl Mcclellan : Reply Brief, Utah Court Of Appeals Jan 2008

State Of Utah V. Carl Mcclellan : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE UTAH COURT OF APPEALS ON CERTIORARI REVIEW


The State Of Utah V. Brandon Michael Gibbons : Brief Of Appellant, Utah Court Of Appeals Jan 2008

The State Of Utah V. Brandon Michael Gibbons : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction of aggravated kidnapping, a first degree felony, in violation of Utah Code section 76-5-302, the Third Judicial District Court, Salt Lake County. State of Utah, the Honorable William W. Barrett, presiding.


Branson G. Neff V. Marvin G. Neff : Brief Of Appellee And Cross-Appellant, Utah Court Of Appeals Jan 2008

Branson G. Neff V. Marvin G. Neff : Brief Of Appellee And Cross-Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal of the final Judgment entered by the First Judicial District Court of Cache County, State of Utah, the Honorable Gordon J. Low presiding.


Miller V. State Of Utah : Amicus Brief, Utah Court Of Appeals Jan 2008

Miller V. State Of Utah : Amicus Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


State Of Utah V. Daniel Larry : Brief Of Appellee, Utah Court Of Appeals Jan 2008

State Of Utah V. Daniel Larry : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from convictions for possession of cocaine and paraphernalia, in the Second Judicial District Court of Utah, Weber County, the Honorable Pamela G. Heffernan presiding.


State Of Utah V. Russell Hurt : Supplement, Utah Court Of Appeals Jan 2008

State Of Utah V. Russell Hurt : Supplement, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

After briefing in this case, the Tenth Circuit issued significant new authority: United States v. McCane, F.3d , 2009 WL 2231658 (C.A. 10 (Okla.)) (attached). McCane supports the State's argument that even if, in hindsight, a Fourth Amendment violation occurred here, the exclusionary rule should not apply to non-culpable officer conduct. See, e.g., Br. of Aple. at 18-21 (discussing United States v. Leon, 468 U.S. 897 (1984), Illinois v. Krull, 480 U.S. 340 (1987), United States v. Herring, U.S. , 129 S.Ct. 695 (2009)).


Salt Lake City V. James Francis Denier : Brief Of Appellant, Utah Court Of Appeals Jan 2008

Salt Lake City V. James Francis Denier : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction for violation of a protective order, a class A misdemeanor under Utah Code Ann. § 76-5-108 (2008), entered in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Robin W.Reese, presiding.