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Articles 2671 - 2700 of 2826
Full-Text Articles in Entire DC Network
A Study Of Race Policy In Fidel Castro's Cuba, Lee Andrew Taggart
A Study Of Race Policy In Fidel Castro's Cuba, Lee Andrew Taggart
Honors Theses
No abstract provided.
Taking Care Of Treaties, Edward T. Swaine
Taking Care Of Treaties, Edward T. Swaine
GW Law Faculty Publications & Other Works
There is little consensus about the scope of the President's powers to cure breaches of U.S. treaty obligations, let alone the influence of decisions by international tribunals finding the United States in breach. Such decisions do not appear to be directly effective under U.S. law. Treaties and statutes address questions of domestic authority sporadically and incompletely, and are suited to the task only if construed heroically; the President's general constitutional authority relating to foreign affairs is sometimes invoked, but its extent is uncertain and turns all too little on the underlying law at issue. Relying on either theory to cope …
Warning: Sex Offenders Need To Be Supervised In The Community, Brian K. Payne, Matthew Demichele
Warning: Sex Offenders Need To Be Supervised In The Community, Brian K. Payne, Matthew Demichele
Sociology & Criminal Justice Faculty Publications
The article explains the need for the training of officers so that they may properly supervise sex offenders returning to a community. It is suggested that officers need to be objective, be informed of laws against sexual offending and aware of common characteristics of sex offenders. It is inferred that a combined effort from different government agencies is needed to be able to effectively supervise sex offenders. Several steps to ensure the safety of the supervisors are also discussed.
Exculpatory Evidence, Ethics, And The Road To The Disbarment Of Mike Nifong: The Critical Importance Of Full Open-File Discovery, Robert P. Mosteller
Exculpatory Evidence, Ethics, And The Road To The Disbarment Of Mike Nifong: The Critical Importance Of Full Open-File Discovery, Robert P. Mosteller
Faculty Publications
No abstract provided.
The Mythical Divide Between Collateral And Direct Consequences Of Criminal Convictions: Involuntary Commitment Of “Sexually Violent Predators", Jenny Roberts
Hofstra Law Faculty Scholarship
No abstract provided.
State Of Utah V. Gareth Bozung : Brief Of Appellant, Utah Supreme Court
State Of Utah V. Gareth Bozung : Brief Of Appellant, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from dismissal of charges of distribution of a controlled substance, a first degree felony; possession of a controlled substance, a second degree felony; possession of drug paraphernalia in a drug-free zone, a class B misdemeanor; and obstruction of justice, a class A misdemeanor, in the Fourth Judicial District Court of Utah, Utah County, the Honorable Claudia Laycock presiding.
State Of Utah V. Gareth Bozung : Brief Of Appellee, Utah Supreme Court
State Of Utah V. Gareth Bozung : Brief Of Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
Appeal from the dismissal of various felony and misdemeanor controlled substance violations from the Fourth District Court, Utah County, State of Utah, before the Honorable Claudia Laycock
The State Of Utah V. Jacob B. Loveless : Brief Of Petitioner, Utah Supreme Court
The State Of Utah V. Jacob B. Loveless : Brief Of Petitioner, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
No abstract provided.
Advocating For The Constitutional Rights Of Nonresident Fathers, Vivek Sankaran
Advocating For The Constitutional Rights Of Nonresident Fathers, Vivek Sankaran
Articles
Months after a child welaare case is petitioned, a nonresident father appears in court and requests custody of his children who are living in foster care. Little is known about the father, and immediately, the system-judge, caseworkers, and attorneys view him with suspicion and caution, inquiring about his whereabouts and his prior involvement in the children's lives. Those doubts, in turn, raise complicated questions about his legal rights to his children. As a practioner working in the child welfare system, you're likely to face this scenario. The largest percentage of child victims of abuse and neglect come from households headed …
Prosecution Of Process Crimes: Thoughts And Trends, Allison Caffarone, Karen Patton Seymour, Steven R. Peikin
Prosecution Of Process Crimes: Thoughts And Trends, Allison Caffarone, Karen Patton Seymour, Steven R. Peikin
Hofstra Law Faculty Scholarship
No abstract provided.
Staying In Orbit, Or Breaking Free: The Relationship Of Mediation To The Courts Over Four Decades, Robert A. Baruch Bush
Staying In Orbit, Or Breaking Free: The Relationship Of Mediation To The Courts Over Four Decades, Robert A. Baruch Bush
Hofstra Law Faculty Scholarship
The acceptance and use of mediation by courts--at the state and federal level-- has grown steadily over the last several decades. Today, mediation is a central element in the overall case-management system of many courts, and this phenomenon continues to grow unabated.At the same time, however, another quite different phenomenon has emerged--the expression of serious criticism from mediation scholars and experts about the way mediation is used by the courts. Indeed, it appears that judges and lawyers in the court system, on the one hand, and mediation experts on the other, understand court-related mediation--and mediation itself--in very different terms. Ironically, …
Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson Jr., Christopher M. Kwok, Janice Tudy-Jackson, Roberto Velez
Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson Jr., Christopher M. Kwok, Janice Tudy-Jackson, Roberto Velez
Hofstra Law Faculty Scholarship
This Article discusses research aimed to understand barriers to participation of underrepresented racial and ethnic groups in ADR practices. The research includes ADR in and around New York City. The article discusses methodology, challenges of the research, preliminary findings, remedies, future research, and the significance of the findings. Universal and specific barriers include: (i) informational and professional; (ii) social, institutional, and cultural; and (iii) economic. The authors encourages future research of barriers affecting underrepresented groups and emphasizes the need to reduce these barriers.
Ethics In Criminal Advocacy, Bruce A. Green, Ellen Yaroshefsky
Ethics In Criminal Advocacy, Bruce A. Green, Ellen Yaroshefsky
Hofstra Law Faculty Scholarship
No abstract provided.
Alternatives To The Exclusionary Rule After Hudson V. Michigan: Preventing And Remedying Police Misconduct, Alicia M. Hilton
Alternatives To The Exclusionary Rule After Hudson V. Michigan: Preventing And Remedying Police Misconduct, Alicia M. Hilton
Villanova Law Review (1956 - )
No abstract provided.
A Game Of Cat And Mouse - Or Government And Prisoner: Granting Relief To An Erroneously Released Prisoner In Vega V. United States, Danielle E. Wall
A Game Of Cat And Mouse - Or Government And Prisoner: Granting Relief To An Erroneously Released Prisoner In Vega V. United States, Danielle E. Wall
Villanova Law Review (1956 - )
No abstract provided.
Innocent Until Proven (Hypothetically) Guilty: The Third Circuit Condones The Use Of Guilt-Assuming Hypotheticals In United States V. Kellogg, Eric M. Kubilus
Innocent Until Proven (Hypothetically) Guilty: The Third Circuit Condones The Use Of Guilt-Assuming Hypotheticals In United States V. Kellogg, Eric M. Kubilus
Villanova Law Review (1956 - )
No abstract provided.
Sealing, Judicial Transparency And Judicial Independence, T.S. Ellis Iii
Sealing, Judicial Transparency And Judicial Independence, T.S. Ellis Iii
Villanova Law Review (1956 - )
No abstract provided.
Introduction Of Jack B. Weinstein, Margaret Berger
Introduction Of Jack B. Weinstein, Margaret Berger
Seton Hall Law Review
No abstract provided.
When Adding Women Matters: Women's Participation In The International Criminal Tribunal For The Former Yugoslavia, Julie Mertus
When Adding Women Matters: Women's Participation In The International Criminal Tribunal For The Former Yugoslavia, Julie Mertus
Seton Hall Law Review
No abstract provided.
A Short Meditation On Some Remaining Issues In Evidence Law, Robert P. Burns
A Short Meditation On Some Remaining Issues In Evidence Law, Robert P. Burns
Seton Hall Law Review
No abstract provided.
The Articulate Frank Allen, James J. White
The Articulate Frank Allen, James J. White
Articles
Frank Allen had all of the wonderful talents that Ted St. Antoine and Rick Lempert ascribe to him. He was exceptionally smart and thoughtful (no one gets to give those fancy lectures who is not). He was a wise man (he led the faculty through the tough times at the end of the Vietnam War). And he was compassionate but tough as nails (he favored affirmative action, but was willing to close down the BAM affirmative action disruption with police if necessary-Frank's statement of his intention to call the police after the law school classes were disrupted forced the timorous …
Ethical Plea Bargaining Under The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson
Ethical Plea Bargaining Under The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson
St. Mary's Law Journal
Plea bargaining is such an essential component of the administration of justice that disposition of charges after plea discussions is not only an essential part of the process but a highly desirable part for many reasons. Even though 95% of felony criminal cases nationwide are resolved through plea bargaining, there are no specific ethical rules governing the practice. The exhortation in article 2.01 of the Texas Code of Criminal Procedure states it is the primary duty of all prosecuting attorneys to see that justice is done, rather than merely convicting. In order to determine the ethical boundaries of plea bargaining, …
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
Articles
News coverage of three nooses hanging from the "whites only tree" at Jena High School, in Jena, Louisiana, created public outcry. Criticism rose as the public learned that District Attorney Reed Walters exercised his prosecutorial discretion to decline to press charges against the white students that admitted hanging the nooses, yet over zealously charged black students with attempted murder for conduct normally considered a battery or a school-yard-fight. The apparent lack of equity in the exercise of prosecutorial discretion became the focus of heated debate. Although the Jena High School incidents occurred in 2006, the Jena story is unpleasantly reminiscent …
Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski
Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski
Articles
This article suggests that a critical reexamination of the Fourth Amendment and its jurisprudence through feminist lenses can shed new light and add to our understanding of it. These insights, in turn, can and should generate a positive feminist Fourth Amendment jurisprudence—a distinctive feminist voice to be integrated systematically into the law of search and seizure, leading to a transformation of the Fourth Amendment itself. Applying feminist theories to particular issues and normative layers of current Fourth Amendment jurisprudence may help guide us through the more difficult task of imagining a feminist jurisprudence of search and seizure law.
The Last Straw: The Department Of Justice's Privilege Waiver Policy And The Death Of Adversarial Justice In Criminal Investigations Of Corporations, Julie R. O'Sullivan
The Last Straw: The Department Of Justice's Privilege Waiver Policy And The Death Of Adversarial Justice In Criminal Investigations Of Corporations, Julie R. O'Sullivan
DePaul Law Review
No abstract provided.
Decisions About Coercion: The Corporate Attorney-Client Privilege Waiver Problem, Daniel Richman
Decisions About Coercion: The Corporate Attorney-Client Privilege Waiver Problem, Daniel Richman
DePaul Law Review
No abstract provided.
Executive Branch Regulation Of Criminal Defense Counsel And The Private Contract Limit On Prosecutor Bargaining, Darryl K. Brown
Executive Branch Regulation Of Criminal Defense Counsel And The Private Contract Limit On Prosecutor Bargaining, Darryl K. Brown
DePaul Law Review
No abstract provided.
Adolescent Development And The Regulation Of Youth Crime, Elizabeth S. Scott, Laurence Steinberg
Adolescent Development And The Regulation Of Youth Crime, Elizabeth S. Scott, Laurence Steinberg
Faculty Scholarship
Elizabeth Scott and Laurence Steinberg explore the dramatic changes in the law’s conception of young offenders between the end of the nineteenth century and the beginning of the twenty-first. At the dawn of the juvenile court era, they note, most youths were tried and punished as if they were adults. Early juvenile court reformers argued strongly against such a view, believing that the justice system should offer young offenders treatment that would cure them of their antisocial ways. That rehabilitative model of juvenile justice held sway until a sharp upswing in youth violence at the end of the twentieth century …
International Trafficking In Persons: Suggested Responses To A Scourge Of Humankind, Franklyn M. Casale
International Trafficking In Persons: Suggested Responses To A Scourge Of Humankind, Franklyn M. Casale
Intercultural Human Rights Law Review
"International Trafficking in Persons: Suggested Responses to a Scourge of Humankind", a statement presented by Rev. Monsignor Franklyn M. Casale (St. Thomas University President) to the Distinguished Members of the United States House of Representatives Committee on Foreign Affairs.
Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman
Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman
Faculty Scholarship
This essay takes stock of federal sentencing after 2007, the year of the periphery. On Capitol Hill, Attorney General Alberto Gonzales resigned in the face of widespread criticism over his role in the replacement of several U.S. Attorneys. In the Supreme Court, the trio of Rita v. United States, Gall v. United States, and Kimbrough v. United States clarified and perhaps extended the breadth of license given to district judges in an advisory guideline regime. In contrast to the Supreme Court's sentencing cases, which focus on the allocation of authority between judges and juries, and the bulk of the …