Digital Commons Network^™

Military Justice Instruction In Civilian Law Schools, Eugene R. Fidell

Journal of Legal Education

No abstract provided.

The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove

Faculty Publications

Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …

The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies

Journal of Legal Education

No abstract provided.

Promoting Democracy In Prosecution, Russell M. Gold

Washington Law Review

Voters were meant to check prosecutors’ decisions, but that check has eroded because voters lack the information necessary to cast meaningful votes in prosecutor elections. Voters’ lack of an effective political check on prosecutors causes two related problems: (1) inefficient allocation of prosecutorial resources and (2) divestment of democratic sovereignty from the people. Prosecutors currently need not consider expenditures for incarceration or public defense because voters never see these costs and thus cannot hold their prosecutors accountable for them. Accordingly, these costs become an externality in the prosecutorial decision-making process, causing prosecutors to spend resources in socially inefficient ways. To …

Death Sentencing In East Baton Rouge Parish, 1990-2008, Glenn L. Pierce, Michael L. Radelet

Louisiana Law Review

No abstract provided.

The War On Terror In Classrooms And Clinics: An Inventory, Bryant G. Garth, Gowri Ramachandran, Molly Selvin

Journal of Legal Education

No abstract provided.

Do Oregonians Know About The Crime Drop?, Brian Renauer

Criminal Justice Policy Research Institute Research Briefs

The violent crime rate in Oregon has not been this low since 1969, forty years ago. FBI 2009 Uniform Crime Statistics show Oregon’s crime rate continues to drop as does the nation’s. Crime rates are at the lowest levels since the 1960’s. Violent crime in Oregon dropped 2.1% from 2008 to 2009. In 2009, Oregon ranked 38th in the nation for violent crime rate.

May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins Jr.

Scholarly Works

This paper examines the questions asked and answers given by every Supreme Court nominee who has appeared to testify before the Senate Judiciary Committee since 1939. In doing so, it uses a new dataset developed by the authors. This database, which provides a much-needed empirical foundation for scholarship in emerging areas of constitutional law and political science, captures all of the statements made at the hearings and codes these comments by issue area, subissue area, party of the appointing president, and party of the questioning senator. The dataset allows us to quantify for the fist time such things as which …

Fred Zacharias's Skeptical Moralism, David Luban

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

When Realism And Idealism Collided In Fred Zacharias's Work On The Purposes And Limitations Of Legal Ethics Codes, Ted Schneyer

San Diego Law Review

I look back at one of Fred’s early works, a 1993 article entitled Specificity in Professional Codes: Theory, Practice, and the Paradigm of Prosecutorial Ethics. Specificity concerns the formal characteristics of legal ethics codes rather than the substantive values they embody. That topic might seem dry, but the article is intriguing because it evidences a clash between idealism and realism in Fred’s thinking. Although both strands of thought were prominent in much of Fred’s work, the clash between them was never starker than in Specificity. There, Fred the idealist offered up an elaborate methodology for drafting of legal ethics codes …

Gender Matters, Volume 16, Issue 3, February/March 2011, 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 3, February/March 2011.

Report: The Illinois State University Faculty-Staff Newsletter, February 1, 2011, Illinois State University

Illinois State University Report (1966-2012)

Illinois State University bi-weekly employee newsletter.

Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green

San Diego Law Review

This Article might lead one to ask which body better apprehended the nature of the prosecutorial disclosure rule. Two parts of this Article will explore that question and reach an unexpected conclusion: although the ABA ethics committee and the Ohio Supreme Court had opposite visions of equivalent rules, they may both be right. Even so, there is something obviously jarring about the divide, which reveals deficiencies in the rule adoption process. The ABA has an interest in persuading courts to adopt not only its Model Rules but also its interpretations of those rules, so the result seems to reflect a …

Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy

San Diego Law Review

Dedication to the Ethics and Plea Bargaining works of Prof. Fred Zacharias.

The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman

San Diego Law Review

As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred’s 1991 article in the Vanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice?. I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor’s ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor’s duty not to win a case but to see …

Fred Zacharias And A Lawyer's Attempt To Be Guided By Justice: Flying With Harry Potter And Understanding How Lawyers Can Prosecute The People They Represent, Randy Lee

San Diego Law Review

This Article seeks to embrace Professor Zacharias’s call for lawyers to consider more deeply what it means for a lawyer—and here particularly a government lawyer—to do justice. In so doing, it recognizes two parameters that Professor Zacharias wisely established for this task: first, that lawyers need direction that is concrete in how to behave as lawyers; and second, that lawyers can understand “justice,” “fairness,” and “truth” to be amorphous concepts and that lawyers may even attempt to define those terms with equally amorphous words. This Article also recognizes, however, that although justice, fairness, and truth can be reduced to abstraction, …

Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein

San Diego Law Review

This Article develops a question that intrigued Fred: prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and why prosecutors resist allowing DNA testing and, more startlingly, deny the obvious implications of DNA evidence when that evidence exonerates the convicted.

Part II of this Article briefly summarizes two of Fred’s major articles on the subject of prosecutorial ethics. Part III documents the problem of postconviction DNA exonerations and prosecutors’ varied reactions. …

American Policing At A Crossroads, Tom R. Tyler, Stephen J. Schulhofer, Aziz Huq

Public Law and Legal Theory Working Papers

As victimization rates have fallen, public preoccupation with policing and its crime control impact has receded. Terrorism has become the new focal point of concern. But satisfaction with ordinary police practices hides deep problems. The time is therefore ripe for rethinking the assumptions that have guided American police for most of the past two decades. This essay proposes an empirically grounded shift to what we call a procedural justice model of policing. When law enforcement moves toward this approach, it can be more effective, at lower cost and without the negative side effects that currently hamper responses to terrorism and …

Am I My Brother's Keeper: Familial Dna Searches In The Twenty-First Century, Mary Mccarthy

Notre Dame Law Review

No abstract provided.

The University Of San Francisco Fact Book And Almanac 2010, University Of San Francisco Office Of Institutional Research

USF Fact Book and Almanac

No abstract provided.

Grand Valley Forum, Volume 035, Number 19, January 31, 2011, Grand Valley State University

2010-2011, Volume 35

Grand Valley Forum is Grand Valley State's faculty and staff newsletter, published from 1976 to the present.

Current, January 31, 2011, University Of Missouri-St. Louis

Current (2010s)

No abstract provided.

Usa V. Chandra Sanassie

2011 Decisions

USDC for the District of Delaware

The Collegian (2011-01-31), Christine Cavazos

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 63, No. 17

Reporter - January 28th 2011, Rit Reporter Staff

University Publications

No abstract provided.

The Murray Ledger And Times, January 28, 2011, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

The Setonian, January 27, 2011, Seton Hall University

2011

No abstract provided.

Bulletin, Dmacc Marketing

Bulletin

No abstract provided.

The Pacifican January 27, 2011, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

Banner News, Kevin Langel, Daniel Ginger, Devon Greer, Ciara Schaben, Austin Leeds

Banner News

No abstract provided.