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Articles 2371 - 2400 of 2826
Full-Text Articles in Entire DC Network
The Impact Of Neuroscience On Health Law, Stacey A. Tovino
The Impact Of Neuroscience On Health Law, Stacey A. Tovino
Scholarly Works
Advances in neuroscience have implications for criminal law as well as civil and regulatory law, including health, disability, and benefit law. The role of the behavioral and brain sciences in health insurance claims, the mental health parity debate, and disability proceedings is examined.
2008-2009 Bgsu Catalog, Bowling Green State University
2008-2009 Bgsu Catalog, Bowling Green State University
Course Catalogs
No abstract provided.
2007-2008 Survey Of Florida Public Employment Law, John Sanchez
2007-2008 Survey Of Florida Public Employment Law, John Sanchez
Nova Law Review
No abstract provided.
2007-2008 Survey Of Florida Gambling Law, Robert M. Jarvis
2007-2008 Survey Of Florida Gambling Law, Robert M. Jarvis
Nova Law Review
No abstract provided.
Wyche V. State: A Case Analysis, Milton Hirsch
Bgsu Graduate College 2008-2010 Catalog, Bowling Green State University
Bgsu Graduate College 2008-2010 Catalog, Bowling Green State University
Course Catalogs
Bowling Green State University graduate catalog for 2008-2010.
The Viability Of Learning Journals As An Instructional Methodology For Adult Learners, Gale R. Mazur
The Viability Of Learning Journals As An Instructional Methodology For Adult Learners, Gale R. Mazur
Theses and Dissertations
This qualitative study used student and faculty focus groups to examine learning journals' effectiveness as an instructional methodology for adults enrolled in undergraduate and graduate Organizational Leadership (OL) degree programs. Learning journals are assigned to encourage reflection; however, concerns have arisen from student complaints that they constitute busywork. The study's purpose was to examine learning journals' viability by determining to what extent they deepened and broadened students' understanding of leadership, generated greater self-awareness, provided a leadership development tool, and encouraged the application of leadership knowledge. Students nearing degree completion as well as faculty teaching in the OL programs participated in …
Developing A Regional Learning Center For Engineering, Kenneth W. Santarelli
Developing A Regional Learning Center For Engineering, Kenneth W. Santarelli
Theses and Dissertations
Antelope Valley is a burgeoning distant suburb of Los Angeles that is demanding new services from colleges and universities. This study investigated industry and community needs for engineering curriculum in order to inform the state university's planning and decision-making. The study employed mixed methods as part of an action-research approach by the newly state-appointed Director of Engineering Programs in three consecutive phases, January through June 2008. Phase I included mailed surveys to 156 active engineering-related organizations; Phase II assessed selected senior personnel's perceptions through long, semi-structured interviews; Phase III integrated an analysis of the state university's local learning center plan, …
Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton
Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton
St. Mary's Law Journal
Abstract Forthcoming.
Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova
Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova
Case Western Reserve Journal of International Law
No abstract provided.
Introduction, Daniel S. Medwed
Introduction, Daniel S. Medwed
Utah Law Review
The aforementioned essays will contribute significantly to the scholarship in the field of wrongful convictions. Even more, my hope is that these contributions bring some of the issues wrought by the coming dawn of the post- DNA age into the light of day.
Framing Wrongful Convictions, Susan S. Bandes
Framing Wrongful Convictions, Susan S. Bandes
Utah Law Review
Concern over wrongful convictions has led to an “innocence movement” that has managed to bridge ideological divides, rouse people to action, and achieve unprecedented success in reforming the operation of the death penalty. In this short Article, written as part of the symposium “Beyond Biology: Wrongful Convictions in a Post-DNA World,” I consider the fraught terms of the debate about the content of the category of wrongful convictions. Delineating the category raises two controversial issues: who should be considered wrongly convicted, and how to characterize the governmental misconduct that leads to these miscarriages of justice. This Article considers whether it …
Telling Differences: Observational Equivalence And Wrongful Convictions, Manuel A. Utset
Telling Differences: Observational Equivalence And Wrongful Convictions, Manuel A. Utset
Utah Law Review
When a person who is in fact guilty is acquitted, or one who is in fact innocent is tried and convicted.2 In both, the criminal justice system yields the wrong result, and in doing so, fails to meet its overarching goal—convicting offenders if and only if they are factually guilty of a crime.3 What really goes wrong when a person is wrongfully convicted? One way to answer this question is to look at known cases in which innocent individuals were convicted. The evidence from reported exonerations suggests that eyewitness misidentifications, perjury, and false confessions have all played an important role …
Dead Wrong, Ronald F. Wright, Marc L. Miller
Dead Wrong, Ronald F. Wright, Marc L. Miller
Utah Law Review
The remedies for this common mindset that produces both categories of problems in Dallas could emerge from two different directions. Internally, many district attorney offices need serious overhaul. Probationary sentences for murder reached as part of a plea deal should be the extremely rare exception. The office leadership should set up policies, procedures, and data-collection practices to guide decision making in such cases. In effect, the leadership should set price caps on the discounts that prosecutors can offer to obtain plea deals.
Legislative Update: Utah’S Exoneration And Innocence Assistance Bill, Creighton C. Horton Ii
Legislative Update: Utah’S Exoneration And Innocence Assistance Bill, Creighton C. Horton Ii
Utah Law Review
The advent of DNA testing has brought with it a unique opportunity, not only to exonerate and free those who have been convicted and sentenced for crimes they did not commit, but also to study how justice has gone awry in those cases. In recognition of the power of DNA testing to exonerate, the Utah Legislature passed a bill in 2001 entitled “Postconviction Testing of DNA,” which established a mechanism for people wrongfully convicted of felonies to seek exoneration through DNA technology.1 The Utah Legislature, in its 2008 General Session, just passed a bill that will provide vital assistance to …
What Nearly A Quarter Century Of Experience Has Taught Us About Leon And "Good Faith", Kenneth J. Melilli
What Nearly A Quarter Century Of Experience Has Taught Us About Leon And "Good Faith", Kenneth J. Melilli
Utah Law Review
When the Court decided Leon, and even Sheppard, Krull, and Evans, it offered several interlocking rationales to support those decisions. Lower courts faced with the task of applying the good faith exception to other situations might be well-served by testing the possible results under the several models for interpreting Leon that are fairly drawn from the Court's opinions. To the extent that a particular result is consistent with all or most of those models, it is very likely the correct result. To the extent that the several models point to different conclusions, courts might consider identifying the model or models …
Quickly Assuaging Public Fear: How The Well-Intended Adam Walsh Act Led To Unintended Consequences, Brittany Enniss
Quickly Assuaging Public Fear: How The Well-Intended Adam Walsh Act Led To Unintended Consequences, Brittany Enniss
Utah Law Review
The past several decades have witnessed an increase in sexual violence against children. This epidemic has created a national fear, which Congress has tried to calm by quickly passing sex-offender registration and notification laws. Most recently, Congress passed the most encompassing sex-offender registration law to date by enacting the Adam Walsh Child Protection and Safety Act of 2006 (Adam Walsh Act or Adam's Law). This Note argues that by hastily appeasing the public's desire of retribution and understanding, Congress passed legislation that harms those~ it ai~ to protect~hildren. The Adam Walsh Act subjects juveniles to the same sanctipns and restrictions …
Whoa, Whoa, Whoa...One At A Time: Examining The Responses To The Illinois Study On Double-Blind Sequential Lineup Procedures, Zack L. Winzeler
Whoa, Whoa, Whoa...One At A Time: Examining The Responses To The Illinois Study On Double-Blind Sequential Lineup Procedures, Zack L. Winzeler
Utah Law Review
Mistaken eyewitness identification is the leading cause of wrongful convictions. Illinois has led the nation in police procedure reform attempting to reduce wrongful convictions. Unfortunately, the Chicago Police Department missed the mark in its pilot study of the double-blind sequential procedure. The study is plagued by a confound that compares blind sequential procedures with nonblind simultaneous procedures. There are also several suggestions throughout the Mecklenburg report of police bias and undue influence in administering the study. Therefore, "the pilot study"s results cannot be trusted to prove the superiority of the simultaneous procedure over the sequential procedure. Going forward, law enforcement …
"Freedom Comes Only From The Law": The Debate Over Law's Capacity And The Making Of Brown V. Board Ofeducation, Christopher W. Schmidt
"Freedom Comes Only From The Law": The Debate Over Law's Capacity And The Making Of Brown V. Board Ofeducation, Christopher W. Schmidt
Utah Law Review
Brown v. Board of Education emerged from a constellation of assumptions about race and law, the contours of which have yet to be fully reconstructed. We are familiar with the efforts of the National Association for the Advancement of Colored People (NAACP) and their allies to attack the belief, infamously espoused in Plessy v. Ferguson that segregation imposed no necessary badge of inferiority on African Americans. Familiar, too, is the growing recognition by the middle of the twentieth century of the importance of education to modem American society, a factor Chief Justice Earl Warren highlighted in the Brown opinion. And …
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
St. Mary's Law Journal
Ethical rules generally set forth commonly held ethics principles in broad terms which usually generate little debate. What has generated a great deal of debate is whether it is ethical for an attorney to record a conversation. The American Bar Association’s (ABA) view of the issue has shifted over the years. Originally, the practice was held to be unethical except for certain well-defined exceptions involving government attorneys. The 2001 ABA opinion officially withdrew the original opinion allowing attorneys to secretly record a conversation with a non-client where it is not illegal. States’ opinions as to whether conversation recording is ethical …
Lawfare And Legal Ethics In Guantánamo, David Luban
Lawfare And Legal Ethics In Guantánamo, David Luban
Georgetown Law Faculty Publications and Other Works
This paper, part of a symposium on the legal profession, focuses on the lawyers – some civilian and some military – who represent detainees at Guantánamo Bay. These include civilian counsel representing Guantánamo prisoners in habeas proceedings, as well as civilian and military defense counsel for those facing trial before military commissions. Using published sources as well as interviews with some of the lawyers, the paper examines the tactics by which the U.S. government has tried to disrupt the effective representation of Guantánamo detainees. In the case of habeas lawyers, whose very presence at Guantánamo is unwelcome by the government, …
Regulating Unreliable Evidence: Can Evidence Rules Guide Juries And Prevent Wrongful Convictions, Lisa Dufraimont
Regulating Unreliable Evidence: Can Evidence Rules Guide Juries And Prevent Wrongful Convictions, Lisa Dufraimont
Articles & Book Chapters
Recent years have seen increasing concern over the prevalence of wrongful convictions in Canadian criminal courts. This concern is particularly pronounced in jury trials, as jurors are untrained and often lack the familiarity, experience and knowledge required to evaluate evidence of doubtful reliability. Research has suggested that three forms of evidence - eyewitness identification, confessions and jailhouse-informant testimony -pose particular reliability concerns in jury trials. The special problem, common to all three, is the tendency of jurors to overlook the factors that make them unreliable. Canadian criminal evidence law purports to address this problem, but the author argues that the …
The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache
The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache
American University Law Review
This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges. Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether …
The Innocence Quarterly [Winter 2008], Northern California Innocence Project
The Innocence Quarterly [Winter 2008], Northern California Innocence Project
Northern California Innocence Project Newsletter
No abstract provided.
Fall Of The Rocket: Steroids In Baseball And The Case Against Roger Clemens , Daniel Healey
Fall Of The Rocket: Steroids In Baseball And The Case Against Roger Clemens , Daniel Healey
Marquette Sports Law Review
No abstract provided.
Undergraduate Bulletin 2008-2009, John Jay College Of Criminal Justice
Undergraduate Bulletin 2008-2009, John Jay College Of Criminal Justice
College Bulletins
No abstract provided.
Understanding The Dean's Job, Barry Vickrey
Understanding The Dean's Job, Barry Vickrey
Faculty Publications
No abstract provided.
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon
Richmond Public Interest Law Review
These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …
Mental Health In Virginia, Phillip Hamilton
Mental Health In Virginia, Phillip Hamilton
Richmond Public Interest Law Review
Since the April 16, 2007 tragedy at Virginia Tech, the public's attention has focused on Virginia's mental health system. Like far too many public policy issues that face the government, it often takes a tragedy to bring an issue to the point where real action is taken. Over the years, one of the major issues facing Virginia has been how to best meet the needs of its citizens requiring mental health services. This is not a new issue. Since 1949 there have been many studies of Virginia's mental health system. These studies have emphasized the same issues over and over …
"Forfeiture By Wrongdoing" After Crawford V. Washington: Maryland's Approach Best Preserves The Right To Confrontation, Byron L. Warnken
"Forfeiture By Wrongdoing" After Crawford V. Washington: Maryland's Approach Best Preserves The Right To Confrontation, Byron L. Warnken
University of Baltimore Law Review
No abstract provided.