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2010

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State Of Utah V. Eddie G. Kucharski : Brief Of Appellee, Utah Court Of Appeals Jan 2010

State Of Utah V. Eddie G. Kucharski : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from sentencing for a conviction for communications fraud in the Second Judicial District Court of Utah, Davis County, the Honorable Thomas L. Kay presiding.


City Of Orem V. Scott Ray Bishop : Brief Of Appellee, Utah Court Of Appeals Jan 2010

City Of Orem V. Scott Ray Bishop : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM JUDGMENT IN THE FOURTH DISTRICT COURT THE HONORABLE DONALD J. EYRE, JR. PRESIDING


Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist Jan 2010

Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist

Barry Law Review

The author of this article argues that drug addicts who finance their addiction through crime should be ineligible to receive a prison sentence under a recidivist statute like the three-strikes penalty. Part I introduces the problem, addiction and crime among current prisoners reported by the Department of Justice. Part II discusses Gary Ewing, an addict, a criminal, and a third strike offender. The story of Gary Ewing represents the injustices levied upon an addict/criminal by enhanced sentenced statutes like the three-strikes penalty. Part III is a discussion of the history of repeat offender statutes, primarily focusing on the inception of …


The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo Jan 2010

The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo

Barry Law Review

Questioning the indifference of the law to its own normative correctness and its claim to legitimacy, this article explores the epistemological and ontological foundations upon which the concept and lexicon of show trial is predicated. By invoking the theory of performativity, the article distinguishes between the different models of show trials to allow for a more complex and nuanced reading of the particular nature of the show in judicial practices often called ‘show trials.’ By emphasizing the peculiarity of the ‘show’ in each ‘show trial’, the article seeks to reconceptualize the ambit of the criminal trial. Arguing against the emphasis …


Melendez-Diaz V. Massachusetts: The Future Of The Confrontation Clause, Joseph Henn Jan 2010

Melendez-Diaz V. Massachusetts: The Future Of The Confrontation Clause, Joseph Henn

Barry Law Review

The purpose of this article is to show the error in the majorities’ decision in Melendez-Diaz by approaching the issue from two perspectives. First, by investigating the cases and legal doctrines created by the Supreme Court in the years preceding Melendez-Diaz, this article will demonstrate why the case was erroneously decided. Second, this article explores the possibility that the majority decision was correct and thus the recently devised standard in Crawford v. Washington is inherently flawed. This article will further discuss the prior application of law before the Melendez-Diaz decision, offer analysis on the string of cases that led …


Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat Jan 2010

Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat

Cornell Law Faculty Publications

Contrary to the general trend of trade liberalization, specific goods—such as small arms, drugs, and antiquities—have come under increasing international control in recent decades through a set of international regulatory agreements. This article offers a theoretical framework of government preferences on the international regulation of these goods. Departing from conventional models of trade policy, the theoretical framework introduces negative externalities, rather than protection, as the motivation for restricting trade; it also takes moral concerns into account. I test this framework empirically through an original survey of government views on international small-arms regulation. Based on interviewing officials from 118 countries, the …


Gender Differences Of African American Adolescents When Exposed To Race Related Stress, Sharmon Saunders James Jan 2010

Gender Differences Of African American Adolescents When Exposed To Race Related Stress, Sharmon Saunders James

PCOM Psychology Dissertations

For African Americans, issues of discrimination, oppression, and belonging to a minority group may significantly impact their identity formation, and their cognitive and subjective beliefs regarding racial issues. Racism-related stress as it affects African American adolescents has become an area of concern for African American researchers. Racism related stress can be characterized as the negative psychological or physiological response to a perceived instance of a racism related attitude or behavior. African American adolescents, because of their race, continue to be subjected to various social stressors that lead to negative stress that depletes them of their abilities to cope in response. …


Tax Reform In The Aftermath Of The Financial Crisis, Stephen Utz Jan 2010

Tax Reform In The Aftermath Of The Financial Crisis, Stephen Utz

Faculty Articles and Papers

No abstract provided.


Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav Jan 2010

Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav

Faculty Articles and Papers

This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent studies have considered the role of the judge in unjust regimes, but the lawyer’s role has been largely ignored. This Article draws on two case studies: that of lawyers representing civil rights leaders during protests in Birmingham, Alabama in 1963 and that of lawyers representing detainees facing military commission proceedings in Guantánamo Bay, Cuba. These portraits illuminate the role of the lawyer in a procedurally unjust tribunal operating within a larger liberal legal regime such as our own. …


Constitutional Courts As "Positive Legislators" In The United States, Richard Kay, Laurence P. Claus Jan 2010

Constitutional Courts As "Positive Legislators" In The United States, Richard Kay, Laurence P. Claus

Faculty Articles and Papers

This Report asks whether American courts that decide constitutional cases, and ultimately the Justices of the United States Supreme Court, may be characterized as legislators, and in particular, as "positive" legislators. After defining the terms, the report reviews the Supreme Court's practice of constitutional lawmaking and considers academic and political reactions to that practice. The Report concludes with an account of challenges that the Court has encountered in crafting remedies fit to fulfill the promise of its constitutional rulings.


In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard, Kelly L. Tucker Jan 2010

In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard, Kelly L. Tucker

Fordham Journal of Corporate & Financial Law

No abstract provided.


Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2010

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …


University Of Central Florida Factbooks 2009-2010, University Of Central Florida Jan 2010

University Of Central Florida Factbooks 2009-2010, University Of Central Florida

Historical Fact Book and Enrollment

Historical fact book and enrollment data for the University of Central Florida.


Influence Of The Csi Effect On Education And Mass Media, Sarah E. Mcmanus Jan 2010

Influence Of The Csi Effect On Education And Mass Media, Sarah E. Mcmanus

Electronic Theses and Dissertations

Forensic science television shows, especially CSI: Crime Scene Investigation, have been said to influence the public’s perception of how forensic science is used and create interest in studying forensic science and pursuing jobs in the field. This study investigates this claim through a variety of methods. First, definitions of the CSI effect are discussed, including how it was first used and mentioned in the media. Second, survey data from students in a forensic anthropology course regarding interest in forensic science media and educational and career choices are analyzed. Third, the number and debut dates of forensic science non-fiction books, novels, …


Organizational Social Capital And Perceived Performance Of Drug Law Enforcement Departments: A Case Study In Turkey, Ismail Sahin Jan 2010

Organizational Social Capital And Perceived Performance Of Drug Law Enforcement Departments: A Case Study In Turkey, Ismail Sahin

Electronic Theses and Dissertations

Supply reduction efforts by drug law enforcement departments are a significant factor in improving the effectiveness of drug control policies. As with other public organizations, the performance of drug law enforcement departments is one of the most important concerns for policy makers. Therefore, improving the performance of these departments is crucial in order for governments to constrict illegal drug markets and prevent illegal drug distribution. The literature suggests that social capital may have significant implications for policy makers and practitioners in terms of enhancing organizational performance.Social capital has recently been examined at the organizational level. It may contribute to organizational …


Florida Teacher Perceptions Concerning Internet Dangers For Students, Kathleen Baker Jan 2010

Florida Teacher Perceptions Concerning Internet Dangers For Students, Kathleen Baker

Electronic Theses and Dissertations

This research study was conducted to determine if there were significant differences or relationships between teachers' perceptions of knowledge of Internet dangers to students and factors such as demographics, self-reported comfort levels with Internet use, and with knowledge of policies and laws regarding Internet safety. Three hundred seventy-two teachers from three central Florida school districts were surveyed using an adapted survey developed by authors Patchin and Hinduja (2006) and Willard (2006, 2009). The world of the Internet is constantly changing, and students will encounter harassment and dangers while pursuing their interests on line. Recent research on the types of Internet …


Congress’ Self-Inflicted Sisyphean Task: The Insurance Industry’S Federal Antitrust Exemption And The Insurance Industry Competition Acts Of 2007 And 2009, Anthony A. Alt Jan 2010

Congress’ Self-Inflicted Sisyphean Task: The Insurance Industry’S Federal Antitrust Exemption And The Insurance Industry Competition Acts Of 2007 And 2009, Anthony A. Alt

Connecticut Insurance Law Journal

No abstract provided.


Regulated Lives In Historiographical Context, Geoffrey Clark Jan 2010

Regulated Lives In Historiographical Context, Geoffrey Clark

Connecticut Insurance Law Journal

No abstract provided.


Into The Unknown: The Reach Of Environmental Insurance In Cases, Caroline Vazquez Jan 2010

Into The Unknown: The Reach Of Environmental Insurance In Cases, Caroline Vazquez

Connecticut Insurance Law Journal

No abstract provided.


Catalysts For Clarification: Modern Twists On The Insurable Interest Requirement For Life Insurance, Robert S. Bloink Jan 2010

Catalysts For Clarification: Modern Twists On The Insurable Interest Requirement For Life Insurance, Robert S. Bloink

Connecticut Insurance Law Journal

No abstract provided.


Fronting Arrangements: Industry Practices And Regulatory Concerns, Esteban Carranza-Kopper Jan 2010

Fronting Arrangements: Industry Practices And Regulatory Concerns, Esteban Carranza-Kopper

Connecticut Insurance Law Journal

No abstract provided.


Annuity Coeptis: Is There A Way To Avoid American Equity Investment Life Insurance Co. V. Sec Becoming A Herald For The Sec Gaining Regulatory Control Over All Securities-Related Insurance Products?, Russell Hasan Jan 2010

Annuity Coeptis: Is There A Way To Avoid American Equity Investment Life Insurance Co. V. Sec Becoming A Herald For The Sec Gaining Regulatory Control Over All Securities-Related Insurance Products?, Russell Hasan

Connecticut Insurance Law Journal

No abstract provided.


Coverage For Kidneys: The Intersection Of Insurance And Organ Transplantation, Melissa Wong Jan 2010

Coverage For Kidneys: The Intersection Of Insurance And Organ Transplantation, Melissa Wong

Connecticut Insurance Law Journal

No abstract provided.


A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley Jan 2010

A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley

Journal of Criminal Law and Criminology

No abstract provided.


The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye Jan 2010

The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye

Journal of Criminal Law and Criminology

No abstract provided.


Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey Jan 2010

Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey

Journal of Criminal Law and Criminology

No abstract provided.


Learning From Error In American Criminal Justice, James M. Doyle Jan 2010

Learning From Error In American Criminal Justice, James M. Doyle

Journal of Criminal Law and Criminology

No abstract provided.


The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor Jan 2010

The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor

Journal of Criminal Law and Criminology

No abstract provided.


Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert Jan 2010

Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.


When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani Jan 2010

When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani

Journal of Criminal Law and Criminology

No abstract provided.