Digital Commons Network^™

Concerning The Augmentation Of The General Fund Through Transfers Of Certain Moneys In The 2008-09 Fiscal Year., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Increasing The Amount Deposited Into The Peace Officers Standards And Training Board Cash Fund By Increasing The Registration Fee For Certain Classes Of Personal Property, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Assistance To Counties To Implement Recidivism Reduction Programs For The Mentally Ill., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Dna Testing Of Adults Arrested For A Felony, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Public Dissemination Of Personal Information Of A Person Working In The Criminal Justice System., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Information Collection Regarding Parole Decisions., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Criminal Law, And, In Connection Therewith, Changing The Provisions Related To Legal Representation Of Indigent Defendants For Certain Misdemeanor Cases; Changing The Offense Level Or Sentencing Options For Select Nonviolent Offenses, Property Offenses, And Drug Offenses; Changing The Presumptive Sentencing Ranges For Certain Felony Offenses; Repealing Certain Extraordinary Risk Sentencing Provisions; Making Changes To The Habitual Offender Statute; And Allowing For Certain Sentencing Time Credits For Certain Offenders., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Revisions Of The Thompson Memorandum And Avoiding The Stein Problems: A Review Of The Federal Policy On The Prosecution Of Business Organizations Note, Brendan J. Keefe

Connecticut Law Review

Since 1999, the Department of Justice has periodically issued memoranda instructing United States Attorneys on how to indict business organizations. These memoranda became constitutionally questionable after the Enron, WorldCom, and Adelphia scandals. Finally, a federal district court declared part of one memorandum—known as the Thompson Memorandum—in conjunction with the way the assistant U.S. attorney presented the case against certain high-ranking employees of a business organization, KPMG, LLP, to be in violation of the Fifth and Sixth Amendments. This case is United States v. Stein. This Note examines the district court case, the Second Circuit case that affirmed the district court’s …

How Business Shapes Law: A Socio-Legal Framework, Gregory C. Shaffer

Connecticut Law Review

Much legal scholarship addresses law in terms of norms and incentives that affect business and individual behavior. This Article addresses the mechanisms through which business shapes law. There are two main ways in which business does so. First, business influences the public institutions that make and apply law. Second, business creates its own private legal systems, including private institutions to enforce privately-made law. These two sources of law, publicly-made and privately-made, are interpenetrated; they reciprocally and dynamically affect each other. This Article provides a socio-legal framework for analyzing business’s interactional relationship with law. The Article argues that to assess the …

Credit Derivatives Are Not “Insurance”, M Todd Henderson

Connecticut Insurance Law Journal

No abstract provided.

Differential Compensation And The “Race To The Bottom” In Consumer Insurance Markets, Daniel Schwarz

Connecticut Insurance Law Journal

No abstract provided.

Reinsurance: The Silent Regulator?, Aviva Abramovsky

Connecticut Insurance Law Journal

No abstract provided.

Insurance Intermediaries, Hazel Beh, Amanda M. Willis

Connecticut Insurance Law Journal

No abstract provided.

The “Other” Intermediaries: The Increasingly Anachronistic Immunity Of Managing General Agents And Independent Claims Adjusters, Jeffrey W. Stempel

Connecticut Insurance Law Journal

No abstract provided.

The Law And Economics Of First-Party Insurance Bad Faith Liability, Sharon Tennyson, William J. Warfel

Connecticut Insurance Law Journal

No abstract provided.

Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul

Michigan Journal of Gender & Law

Despite its prevalence, sexual expression among inmates is currently prohibited in United States prisons. Recent scholarship, however, has advocated allowing certain types of sexual expression in women's prisons. The advocates of such a position differentiate between different types of sex within the correctional system: sexual expression that the system has no interest in prohibiting and should not bar, and sex acts that the system does have an interest in prohibiting and should continue to regulate. This position is based on the dual assumptions that, first, women in prison as a collective unit would benefit from some types of sexual expression, …

Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen

Michigan Journal of Gender & Law

Pearlie Rucker, sixty-three years old, had been living in public housing in Oakland, California for thirteen years. Ms. Rucker lived with her mentally disabled adult daughter, Gelinda, as well as two grandchildren and one great-grandchild. Ms. Rucker regularly searched Gelinda's room for signs of drugs, and had warned Gelinda that any drug activity on the premises could result in eviction. Nevertheless, Gelinda was caught with drugs three blocks from the apartment. Despite the fact that Ms. Rucker had no knowledge of Gelinda's drug activity, and in fact had been carefully monitoring what happened in her apartment, the Oakland Housing Authority …

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty

Richmond Journal of Law and the Public Interest

This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.

Table Of Contents, Scott St. Amand

Richmond Journal of Law and the Public Interest

The Richmond Journal of Law and the Public Interest is pleased to present our annual fall issue. This issue focuses on the widespread implications of criminal law and procedure and the way it is both affected by and affects our society and its mores. The issue is divided into two parts: three articles written by independent authors, and two comments by University of Richmond Students.

"You Think He Got Shot - Did You Maybe Shoot Him By Accident?": Linguistic Manipulation Of The Communicatively Immature During Police Interrogations, Kathryn C. Donoghue

Richmond Journal of Law and the Public Interest

It is undeniable that "punishment of the innocent makes a mockery of the law." Police who linguistically coerce false confessions from communicatively immature suspects mock the criminal justice system by evading accountability and convicting the vulnerable. This paper documents how common linguistic strategies directed at certain vulnerable groups have the potential to elicit false confessions. Part II reviews linguistic strategies routinely employed by trained interrogators. Part III then explores how mentally challenged and juvenile suspects, otherwise known as communicatively immature groups, are more susceptible to deceptive linguistic strategies. Part IV discusses how interrogators learn to extract confessions, while Part V …

Recent Developments: Grady V. Brown: The Boulevard Rule Requires A Jury Determination Of Whether An Unfavored Driver Effectively Yielded The Right-Of-Way, And Therefore, Does Not Mandate That An Unfavored Driver Is Negligent As A Matter Of Law, Stephen Cornelius

University of Baltimore Law Forum

No abstract provided.

In Brief

In Brief

Table of Contents:

• From the Dean's Desk (Robert H. Rawson, Jr.)
• Masthead
• We, the Paparazzi: Privacy in the Facebook Generation
• Clinical Education Gives Everyone a Voice
• Revolutionizing the Way We Teach Law Students
• Memo to the New President: End the Separation of Corporate Ownership and Control
• Ashcroft v. Iqbal
• Profile (Henry King)
• News
• Prosecuting War Lord and Khmer Rouge Leaders
• Helping Minority Students Become Lawyers
• Faculty Briefs
• Rebuilding New Orleans
• Alumni Spotlight Fred Weisman ADL '48, LAW '51
• Retirement Savings -- Is There Another Way?
• Alumni Events
• Class Notes
• In Memoriam the Legacy of Emeritus Law Professor Oliver C. Schroeder, …

Learning Neuroscience The Hard Way: The Terri Schiavo Case And The Ethics Of Effective Representation, Robert A. Destro

Scholarly Articles

Part I of this article looks at the three main "narratives" that are commonly employed to describe the Schiavo case, and it recounts the basic facts concerning Terri Schiavo's brain injury and the early, but quickly-abandoned, attempt at rehabilitation. Part II is an examination of how the demise of one of the most profoundly harmful dogmas in the history of medicine-the theory that the brain is "hard-wired" and that no amount of rehabilitation can cause the brain to rewire itself-occurred too late in the litigation for the judges or advocates in either Schiavo or Englaro to understand that Terri and …

The Third Generation Of Indigent Defense Litigation, Cara H. Drinan

Scholarly Articles

For years, scholars have documented the national crisis in indigent defense and its many tragic implications, and yet the crisis persists. Traditionally, the appellate and political processes were the exclusive avenues for indigent defense reform, and each suffered from critical infirmities. By the 1970's, individuals and groups began to seek prospective judicial reform of indigent defense systems. Widely used in other arenas, systemic suits based on the Sixth Amendment have been few in number and, at least in their early form, relatively unsuccessful. Other scholars have provided a descriptive account of structural litigation to improve indigent defense, and this article …

Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy

Scholarly Articles

This article introduces the essays, articles, and remarks celebrating the fortieth anniversary of the establishment of the Council on Legal Education for Professional Responsibility (CLEPR). The Section on Professional Responsibility and Section on Clinical Legal Education of the Association of American Law Schools (AALS) jointly sponsored a half-day program at the 2009 AALS Annual Meeting in San Diego, California, in recognition of the fortieth anniversary of CLEPR and the one hundredth anniversary of the promulgation of the American Bar Association Canons of Professional Ethics, the ABA's first effort at establishing a private law of lawyering to govern its members. After …

Book Review, Kavita Kapur

Human Rights Brief

No abstract provided.

Case: S. And Marper V. United Kingdom, David Kim

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Unlikely Bedfellows: Feminist Theory And The War On Terror, Rachel Lorna Johnstone

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

End Matter

Journal of International Business and Law

No abstract provided.

Experts Meeting On Security Detention Report, Tyler Davidson, Kathleen Gibson

Case Western Reserve Journal of International Law

No abstract provided.