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Articles 241 - 270 of 3280
Full-Text Articles in Entire DC Network
The Supreme Court's "Maverick" Justice: John Paul Stevens And Same-Sex Marriage, Jamie Acree
The Supreme Court's "Maverick" Justice: John Paul Stevens And Same-Sex Marriage, Jamie Acree
Master's Theses or Doctor of Nursing Practice
This thesis predicts how United States Supreme Court Associate Justice John Paul Stevens would have ruled on the constitutionality of same-sex marriage if the issue were to have come before him while he was on the Court. The hypothesis is that he would have found a constitutional right to same-sex marriage. The hypothesis is substantiated based on an analysis of Stevens‟ record in ten specific cases. The thesis puts forth the argument that these ten cases most accurately predict how Stevens would have voted on the constitutional issue. Stevens‟ opinions and dissents in these cases are examined. Additionally, included is …
The Silence Of Gideon’S Trumpet: The Court’S Inattention To Systemic Inequities Causing Violations Of Speedy Trial Rights In Vermont V. Brillon, 129 S. Ct. 1283 (2009), Jordan Glaser
Nebraska Law Review
Barker v. Wingo, Gideon v. Wainwright, and Vermont v. Brillon discuss principles and declarations of rights that can be used effectively in future cases. However, the foregoing cases and discussion demonstrate the need for a more responsive jurisprudence regarding speedy trial rights and the indigent defendant’s right to counsel. As a step towards addressing these issues, this Note proposes that future Supreme Court decisions should acknowledge the effects indigent defense systems have on the quality of legal presentation provided to indigent defendants. By doing so, the Court will help realize the promise of Gideon and ensure the protection of constitutional …
War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby
War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby
UC Law Journal
Using data from the Capital Jury Project, this Article takes a close look inside the jury room at the process by which capital juries reach a unanimous verdict at the penalty phase. The Article first examines the relationship between first ballot voting patterns and the ultimate sentence, then explores the dynamics of group interaction in achieving unanimity. In particular, by using the jurors’ own narratives, the piece delves into the psychological process and arguments through which the majority jurors persuade the holdouts to change their votes. This process is especially intriguing because individual juries do not, of course, have any …
A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath
A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan
Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan
Cardozo Law Review
No abstract provided.
Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson
Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson
Cardozo Law Review
This Article undertakes the first ever analysis of the consequences of the justice and legal system's extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman's lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …
Missed Opportunity: Waiver, Race, Data, And Policy Reform, Mark Soler
Missed Opportunity: Waiver, Race, Data, And Policy Reform, Mark Soler
Louisiana Law Review
No abstract provided.
Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg
Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg
Louisiana Law Review
No abstract provided.
Using Graham V. Florida To Challenge Juvenile Transfer Laws, Neelum Arya
Using Graham V. Florida To Challenge Juvenile Transfer Laws, Neelum Arya
Louisiana Law Review
No abstract provided.
An Open Door To The Criminal Courts: Analyzing The Evolution Of Louisiana's System For Juvenile Waiver, Hector Linares, Derwyn Bunton
An Open Door To The Criminal Courts: Analyzing The Evolution Of Louisiana's System For Juvenile Waiver, Hector Linares, Derwyn Bunton
Louisiana Law Review
No abstract provided.
A Trap For The Unwary: The Sixth Amendment Right To Counsel After Montejo V. Louisiana, Michael C. Mims
A Trap For The Unwary: The Sixth Amendment Right To Counsel After Montejo V. Louisiana, Michael C. Mims
Louisiana Law Review
No abstract provided.
Another Can Of "Crawford" Worms: Certificates Of Nonexistence Of Public Record And The Confrontation Clause, Keith Hollingshead-Cook
Another Can Of "Crawford" Worms: Certificates Of Nonexistence Of Public Record And The Confrontation Clause, Keith Hollingshead-Cook
Vanderbilt Law Review
The Confrontation Clause of the Sixth Amendment to the U.S. Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right .. . to be confronted with the witnesses against him."' When the Supreme Court decided Crawford v. Washington in 2004, it established a new standard for assessing the scope of this right and determining when hearsay is admissible as trial evidence against a criminal defendant. Rather than basing decisions regarding a defendant's right to confrontation on a judicial inquiry into the reliability of a particular statement, an approach typified by the Court's earlier decision of Ohio v. …
Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz
Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz
Michigan Law Review
In 2009, the Supreme Court held in Montejo v. Louisiana that a defendant may validly waive his Sixth Amendment right to counsel during police interrogation, even if police initiate interrogation after the defendant's invocation of the right at the first formal proceeding. This Note asserts that Montejo significantly altered the Sixth Amendment protections available to represented defendants. By increasing defendants' exposure to law enforcement, the decision allows police to try to elicit incriminating statements and waivers of the right to counsel after the defendant has expressed a desire for counsel. In order to protect the defendant's constitutional guarantee of a …
Social Sciences Career Exploration Day And Resume Workshop, Tara Litke, Matthew Greenberg, Haley Zahner
Social Sciences Career Exploration Day And Resume Workshop, Tara Litke, Matthew Greenberg, Haley Zahner
Social Sciences
No abstract provided.
The Role Of Emotions In Fieldwork: A Self-Study Of Family Research In A Corrections Setting, Joyce A. Arditti, Karen S. Joest, Jennifer Lamber-Shute, Latanya Walker
The Role Of Emotions In Fieldwork: A Self-Study Of Family Research In A Corrections Setting, Joyce A. Arditti, Karen S. Joest, Jennifer Lamber-Shute, Latanya Walker
The Qualitative Report
In this study, we document a reflexive process via bracketing techniques and the development of a conceptual map in order to better understand how emotions that arise in the field can inform research design, implementation, and results. We conducted a content analysis of field notes written by a team of researchers who administered an interview to caregivers bringing children to visit an incarcerated family member at a local jail. Our self-examination revealed themes around the team's discomfort connected to the institutional jail setting and intense emotions regarding the life situations of study participants, their treatment by jail staff, and our …
A Search For The Truth Or Trial By Ordeal: When Prosecutors Cross-Examine Adolescents How Should Courts Respond, Frank E. Vandervort
A Search For The Truth Or Trial By Ordeal: When Prosecutors Cross-Examine Adolescents How Should Courts Respond, Frank E. Vandervort
Articles
It is an axiom of the law that cross-examination is, in John Henry Wigmore's words, the "greatest legal engine ever invented for the discovery of truth." In part because of its perceived utility in getting to the truth of a matter, courts are generally reluctant, despite broad authority to do so, to step in and to govern the conduct of cross-examination. But is cross-examination invariably calculated to ascertain the truth? While most lawyers are familiar with Wigmore's famous quotation, few are familiar with the caveat that shortly follows it: "A lawyer can do anything with cross-examination.. . . He may, …
The Right To Voice Reprised, Christopher Slobogin
The Right To Voice Reprised, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article appears in a symposium issue of Seton Hall Law Review on courtroom epistemology. In Proving the Unprovable: The Role of Law, Science and Speculation in Adjudicating Culpability and Dangerousness, I argued that criminal defendants ought to be able to present speculative psychiatric testimony if the expert has followed a routinized evaluation process that addresses the relevant legal criterion, an argument based in part on the position that the Constitution can be read to entitle defendants to tell their exculpatory mental state stories. In a recent essay, Professor Lillquist takes aim at this latter rationale, which I called the …
Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele
Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele
William & Mary Law Review
Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally deficient prison conditions led a federal court to order the release of 40,000 state prisoners. In Oregon, Michigan, Connecticut, Vermont, and Delaware, spending on corrections now exceeds spending on higher education. Across the nation, more than one of every one hundred Americans is behind bars. When the financial crisis of 2008 dealt its blow, state correctional budgets were already nearing a breaking point. Now, in the wake of unprecedented budget shortfalls, state governments have been forced to confront a difficult …
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
William & Mary Environmental Law and Policy Review
No abstract provided.
Not Wythe Standing: The News (Vol. 2, Issue 2)
Not Wythe Standing: The News (Vol. 2, Issue 2)
Student Newspaper (Amicus, Advocate...)
No abstract provided.
Economic And Other Benefits Associated With The Provision Of Civil Legal Aid, Laura K. Abel, Susan Vignola
Economic And Other Benefits Associated With The Provision Of Civil Legal Aid, Laura K. Abel, Susan Vignola
Seattle Journal for Social Justice
No abstract provided.
Locked Up: Criminal And Immigration Incarceration In America, Raha Jorjani
Locked Up: Criminal And Immigration Incarceration In America, Raha Jorjani
DePaul Journal for Social Justice
No abstract provided.
"Moving The Box" By Executive Order In Illinois, Michael Sweig, Melissa Mcclure
"Moving The Box" By Executive Order In Illinois, Michael Sweig, Melissa Mcclure
DePaul Journal for Social Justice
No abstract provided.
The Un Security Council Ad Hoc Rwanda Tribunal: International Justice Or Juridically-Constructed "Victor's Impunity"?, Peter Erlinder
The Un Security Council Ad Hoc Rwanda Tribunal: International Justice Or Juridically-Constructed "Victor's Impunity"?, Peter Erlinder
DePaul Journal for Social Justice
No abstract provided.
Reconceptualizing Aggression, Michael Anderson
Gender Matters, Volume 16, Issue 2, November/December 2010, Women's, Gender, And Sexuality Studies Program
Gender Matters, Volume 16, Issue 2, November/December 2010, Women's, Gender, And Sexuality Studies Program
Gender Matters (2006-2011)
A bulletin of the Illinois State University Women’s and Gender Studies program, Volume 16, Issue 2, November/December 2010.
The Messy Reality Of Organised Crime Research, Mark Findlay, Nafis Hanif
The Messy Reality Of Organised Crime Research, Mark Findlay, Nafis Hanif
Research Collection School of Social Sciences
The analysis starts out by confronting and exposing the ideological motivations for dualism in conventional organised crime research. In order to suggest a cognitive pathway beyond this restrictive normative frame, it is essential to appreciate its potency and resilience. Law enforcement language buoyed up by popular culture representations of gangs, syndicates and crime bosses have become the accepted starting point for much research in the field. Research from this perspective, we suggest, plays its own part in organised crime mystification and as such retards the critical utility of enterprise theory. Next the paper shows how distracted and distorted theorising infects …
Earmstrong, Armstrong Atlantic State University
Earmstrong, Armstrong Atlantic State University
Armstrong News & Publications: e-Armstrong Newsletter (Archived)
No abstract provided.
Ealles Englalandes Cyningc: Cnut's Territorial Kingship And Wulfstan's Paronomastic Play, Paul Gates
Ealles Englalandes Cyningc: Cnut's Territorial Kingship And Wulfstan's Paronomastic Play, Paul Gates
Publications and Research
The phrase ealles Englalandes cyningc appears for the first time in I–II Cnut, and represents a shift in the discourse of Anglo-Saxon kingship, changing it from king over a people to king over a territory, redefining the discourse of nationhood.
Overcoming The Model Minority Myth: Experiences Of Filipino American Graduate Students, Kevin L. Nadal, Stephanie T. Pituc, Marc P. Johnston, Theresa Esparrago
Overcoming The Model Minority Myth: Experiences Of Filipino American Graduate Students, Kevin L. Nadal, Stephanie T. Pituc, Marc P. Johnston, Theresa Esparrago
Publications and Research
Filipino Americans are one of the largest immigrant groups in the United States and the second largest Asian American/Pacific Islander ethnic group. However, there is little research focusing on the unique experiences of this group, particularly in higher education. This paper presents a qualitative exploration of the experiences of Filipino American graduate students utilizing consensual qualitative research methodology. Results were categorized into domains and themes, with an example of a domain being "deficiencies and lack of resources" and an example of a theme being "Filipino Americans as different from Asian Americans." Implications for higher education administrators and researchers are discussed.