Digital Commons Network^™

Weighing Prosecutorial Power And Discretion: Fixing The Imbalance, Harvey Gee

Valparaiso University Law Review

No abstract provided.

Herring V. United States: A Threat To Fourth Amendment Rights?, Candace C. Kilpinen

Valparaiso University Law Review

No abstract provided.

Reining In The Parental-Discipline Defense: Addressing The Need For Standards That Work To Protect Indiana's Children, Amanda L. Krenson

Valparaiso University Law Review

No abstract provided.

International Law In The Chinese Domestic Context, Zou Keyuan

Valparaiso University Law Review

No abstract provided.

Prosecuting Sexting As Child Pornography, Marsha Levick, Kristina Moon

Valparaiso University Law Review

No abstract provided.

You're On Your Own, Kid…But You Shouldn't Be, Daniel B. Weddle

Valparaiso University Law Review

No abstract provided.

Between Scylla And Charybdis: Ethical Dilemmas Of Corporate Counsel In The World Of The Holder Memorandum, John Hasnas

Valparaiso University Law Review

No abstract provided.

The Conscience Of A Prosecutor, David Luban

Valparaiso University Law Review

No abstract provided.

A Good Score?: Examining Twenty Years Of Drug Courts In The United States And Abroad, Kimberly Y.W. Holst

Valparaiso University Law Review

No abstract provided.

Excavating From The Inside: Race, Gender, And Peremptory Challenges, Leah M. Provost

Valparaiso University Law Review

No abstract provided.

The Hopelessness Of Drug Prohibition, James P. Gray

Chapman Law Review

No abstract provided.

Utb/Tsc Legacy Degree Programs And Courses 2010 – 2011, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Course Catalogs

No abstract provided.

Utb/Tsc Undergraduate Catalog 2010-2011, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Course Catalogs

No abstract provided.

The Need For Heightened Procedural Due Process Protection In Juvenile Sex Offender Adjudications In South Dakota: An Analysis Of The People In The Interest Of Z.B., Krista L. Schram

South Dakota Law Review

No abstract provided.

Cleveland: Confused City On A Seesaw, Philip W. Porter

Cleveland Memory

No detached, scholarly, objective examination of the past, this is an eyewitness account of Cleveland during Phil Porter's fifty-year career as a working newspaperman in the city, told in his own blunt, subjective, often controversial style. Phil Porter retired in 1966 as executive editor of The Plain Dealer. Original publication date 1976.

Megan's Law And Sarah's Law: A Comparative Study Of Sex Offender Community Notification Schemes In The United States And The United Kingdom, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

The United Kingdom developed a sex offender register and Sarah's Law' in an effort to keep communities safe from sex offenders. However, Sarah's Law is quite different from Megan's Law, particularly because there is no direct public access to the United Kingdom's Sex Offender Register. Part II of this article analyzes the history of sex offender registration and community notification under Megan's Law in the United States. Part III examines the United Kingdom's approach to sex offender registration and community notification via Sarah's Law. Part IV explores the distinctly different approaches to community notification in the United States and the …

Motions 2010 Volume 45 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Judges And Their Editors, Douglas E. Abrams

Faculty Publications

This essay discusses the roles of personal law clerks, central staff clerks, and Reporters of Decisions in editing judges’ opinions at the drafting stage. “The overarching lesson [is] that by submerging pride of authorship during an opinion’s gestation and by weighing editorial input with an open mind, judges secure in their craft advance the interests of justice.” The essay also discusses the constraints imposed by the ABA Model Code of Judicial Conduct on the circle of persons a judge may consult without giving the parties advance notice. The essay is adapted from Prof. Abrams’ address to the international meeting of …

Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg

Faculty Publications

In recent years, prosecutors - sometimes with the blessing of courts - have argued that when proving the existence of a “conspiracy” to justify admission of evidence under the Coconspirator Exception to the Hearsay Rule, they need show only that the declarant and the defendant were “coventurers” with a common purpose, not coconspirators with an illegal purpose. Indeed, government briefs and court decisions specifically disclaim the need to show any wrongful goal whatsoever. This Article contends that such a reading of the Exception is mistaken and undesirable. Conducted for this article, a survey of thousands of court decisions, including the …

A Primer On Child Abuse And Neglect Law, Douglas E. Abrams, Sarah H. Ramsey

Faculty Publications

No abstract provided.

Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger

Fordham Urban Law Journal

The notion of “error” and “error rates” is central both to the Daubert opinion and to the recent NAS Report on the strengths and weaknesses of forensic science in the United States. I will not be attempting a full-scale examination of the concept of error in this paper, however, I believe there are some observations that can be made that may be helpful in domesticating in helpful ways the notion of error as it might apply to forensic science expertise. I conclude that we should work to improve diagnosticity for old processes, or to invent or adopt new ones with …

Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer

Faculty Scholarship

The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …

On Silence: A Reply To Professors Cribari And Judges, Ted Sampsell-Jones

Faculty Scholarship

In 2009, the author wrote an article on the Self-Incrimination Clause. In response to this article, Professors Cribari and Judges wrote a Response suggesting that the author was an abolitionist of the Self-Incrimination Clause. This article is intended to clarify the author's position on the Self-Incrimination Clause and on Griffin v. California. The article begins by explaining the purposes of the Self-Incrimination Clause and highlighting the differences between the right to testify and the right to remain silent. It then analyzes the "test the prosecution" reasoning for the Griffin rule, pointing out its shortcomings and lack of Constitutional basis. The …

Preventive Detention, Character Evidence, And The New Criminal Law, Ted Sampsell-Jones

Faculty Scholarship

A new criminal law has emerged in the last quarter century. The dominant goal of the new criminal law is preventive detention-incarceration to incapacitate dangerous persons. The emergence of the new criminal law has remade both sentencing law and definitions of crimes themselves. The new criminal law has also begun to remake the law of evidence. As incapacitation has become an accepted goal of criminal punishment, the rationale of the character rule has become less compelling, and the rule itself has begun to wane in criminal practice. These changes have been subtle, but they have also been both radical and …

Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan

Faculty Scholarship

The intelligence community and the law enforcement sector are supposed to be working closely to keep us all safe from terrorists and other dangers. The benefits of this cooperation should not be frittered away by unnecessary burdens in trying suspected terrorists in civilian courts. If the executive branch is to be kept away from the dark side of counterterrorism, the courts, Congress, or a combination of the two should modernize their approach to alignment, to Section 6 of Classified Information Procedures Act, and to closed portions of trials.

First, a prosecutor’s discovery obligations should apply to the intelligence community only …

Undergraduate And Graduate Course Descriptions, 2010 Winter, Wright State University

Course Descriptions

Wright State University undergraduate and graduate course descriptions from Winter 2010.

The Constitutionalization Of Labour Rights: What Bliss In This Dawn To Be Alive, Harry W. Arthurs

All Papers

In these remarks to an audience of union-side labour lawyers, I caution against excessive optimism concerning the potential of rights-based constitutional litigation to improve the lot of workers. Despite recent pro-labour Charter decisions of the Supreme Court of Canada, litigation will not fundamentally alter the underlying conditions which have disempowered workers and unions. This is not to say that the constitution is irrelevant, but rather that its most significant features are economic and political, rather than juridical.

Reflecting On The Law Commission Of Ontario’S Approach And Method: Multidisciplinarity, Analytical Lenses And Consultation, Patricia Hughes

York Centre for Public Policy & Law

No abstract provided.

The Effects Of "Blue Magic": A Call To Punish Criminal Organizations That Benefit From The Use Of Trademarks, 9 J. Marshall Rev. Intell. Prop. L. 912 (2010), Thomas J. Kelley

UIC Review of Intellectual Property Law

Throughout history, criminal organizations have produced, packaged, transported, marketed, and sold illegal products. These organizations and their individual members can be punished for all of the steps in this process, except one: marketing. These groups routinely market their products with trademarks affixed to the illegal products they sell, and benefit from these trademarks the same way a company like the Coca-Cola Company benefits from its trademarks. Criminal organizations should not be free to use trademarks without fear of any additional punishment for doing so. Congress and the United States Sentencing Commission should look at this issue to determine an appropriate …

Utah V. Michelle Ann Cox : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction of Forgery, a third degree felony, in violation of Utah Code Ann. §76-6-501 (2008), and Theft by Deception, a Class A misdemeanor, in violation of Utah Code Ann. §76-6-405 (2008), in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Judge Robert Faust presiding.