Digital Commons Network^™

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

The Vindication Of Hate Violence Victims Via Criminal And Civil Adjudications, Brian Levin

Journal of Hate Studies

Attempts by victims of hate violence to vindicate their claims through civil courts have a long history in the United States that predates the Civil War. The most notorious Supreme Court decision in American history commenced auspiciously in a St. Louis, Missouri county circuit court in two racially based tort actions on April 6, 1846. Slaves Dred and Harriet Scott petitioned Judge John Crum for permission to sue their owner and for “reasonable liberty” to effectively pursue their case. In an action remarkable for its time, Judge Crum granted the motions and stipulated that neither slave be removed from the …

Policing Guns And Youth Violence, Jeffrey A. Fagan

Faculty Scholarship

To combat the epidemic of youth gun violence in the 1980s and 1990s, law enforcement agencies across the United States adopted a variety of innovative strategies. This article presents case studies of eight cities' efforts to police gun crime. Some cities emphasized police-citizen partnerships to address youth violence, whereas others focused on aggressive enforcement against youth suspected of even minor criminal activity. Still others attempted to change youth behavior through "soft" strategies built on alternatives to arrest. Finally, some cities used a combination of approaches. Key findings discussed in this article include:

• Law enforcement agencies that emphasized police-citizen cooperation benefited …

Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are …

Legal & Cultural Approaches To Sexual Matters In Africa: The Cry Of The Adolescent Girl, Oluyemisi Bamgbose

University of Miami International and Comparative Law Review

No abstract provided.

Errors And Ethics: Dilemmas In Death, Penny White

Scholarly Works

No abstract provided.

School Of Law Commencement: May 12, 2001, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 12, 2001.

Broadly Speaking - March, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Nova Southeastern Lawyer, Winter 2001, Volume 12, Number 1, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Broadly Speaking - January, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

The South Carolina Secession Statement Of 1860 And The One Florida Initiative: The Limits Of A Historical Analogy And The Possibility Of Racial Reconciliation, Martina D. Carcieri

St. Thomas Law Review

In Part II, we shall examine the Secession Statement in order to understand more fully the case it makes against the northern states and national government. Only then shall we be able to appreciate why this legally compelling document is ultimately not convincing. With that foundation, Part III examines One Florida opponents' arguments for preferences by government and the weaknesses of those arguments. With this background, we shall see in Part IV how One Florida opponents' position actually resembles that of South Carolina more than that of the Northerners, and ultimately embraces not civil society, but instead a state of …

Voluntariness With A Vengeance: Miranda And A Modern Alternative, Jonathan B. Zeitlin

St. Thomas Law Review

One of the most famous opinions in American jurisprudence is that of the United States Supreme Court in the case of Miranda v. Arizona. The Court's prophylactic rule in Miranda has been followed in both state and federal courts with little derogation for over thirty years. On February 8, 1999, in Dickerson v. United States, the United States Court of Appeals for the Fourth Circuit ignored Miranda, turning instead to 18 U.S.C. § 3501, a relatively obscure federal statute enacted in 1968 in response to the Court's decision in Miranda. The United States Supreme Court granted certiorari and heard oral …

Crime Victims' Rights: Critical Concepts For Animal Rights, Douglas E. Beloof

Animal Law Review

It is simultaneously intimidating and presumptuous to make observations about a movement that one is not intimately involued in. I am not an animal rights scholar. However, I am in the dignity recognition business. As a legal advocate and academic, I work to promote the dignity of human victims of crime. I have written the only casebook for law students about crime victims law, consult with Congress about crime victim law, and advise attorneys and victim organizations around the country. I also lwt·e considerable expe­rience in taking movements and moving them into practical operations within prosecutors' offices; for example, in …

"Cruelty To Police Dog" Laws Update, Craig Scheiner

Animal Law Review

Mr. Scheiner updates his article, Statutes with Four Legs to Stand On?: An Examination of "Cruelty to Police Dog" Laws, published in Volume 5 of Animal Law.

Abstention In The Federal Courts: A Suggested Bifurcated Standard Of Review To Create Procedural Reliance Where States And Localities Regulate Constitutionally Protected Activity, Carl E. Brody Jr.

St. Thomas Law Review

State and local governmental entities are conferred the responsibility of creating and enforcing laws within their jurisdictions for the efficient governance of their citizens. Where these laws impact on individuals or businesses subject to this regulatory function, challenge through the court system becomes the only available outlet to determine the rights of the parties. These challenges to state and local laws regulating the acts of private individual and commercial activity are almost uniformly based on claims that such laws violate the First Amendment or other constitutional rights. In many cases, for various purposes, these plaintiff/challengers avail themselves of the jurisdiction …

The Three Nixon Cases And Their Parallels In Malaysia, Myint Zan

St. Thomas Law Review

During the period from 1974 to 1982 the Supreme Court of the United States decided three cases in which the late Richard M. Nixon, the 37th President of the United States of America was involved as an appellant/ petitioner. All three cases decided by the United States Supreme Court bore the name of Richard Nixon in the title of the cases. This Article will attempt to discern some of the legal and constitutional issues which have arisen from these "Three Nixon" cases. Some of the issues in these cases would inevitably have arisen out of issues that are peculiar to …

A Law Culture Diagnostic, James R. Elkins

Law Faculty Scholarship

No abstract provided.

2000 Legislative Review, Alicia Finigan

Animal Law Review

Our third Legislative Review reports the passage and de- feat of several state and federal, administrative and legislative actions. Ms. Laurie Fulkerson has researched and written on four major pieces of federal legislation; Mr. Chris Brown has discussed additional federal advances, and a re­view of state initiatives which both advance and undermine animal welfare; Ms. Amy Baggio has reviewed the passage of state anti-cruelty statues. Finally, Ms. Alicia Finigan has reported on the United State's Pelly Amendment certifica­tion of Japan for violating the International Whaling Com­mission's resolution to cease its illusory "research whaling" for minke, sperm and Bryde's whales.

Confronting The Agency In Battered Mothers, Elaine M. Chiu

Faculty Publications

Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse …

Broadly Speaking - October, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Law School Commencement: May 13, 2000, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 13, 2000.

Broadly Speaking - May, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.

Broadly Speaking - February, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Nova Southeastern Lawyer, 2000, Volume 11, Number 2, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Newly Available, Not Newly Discovered, Penny White

Scholarly Works

No abstract provided.

Prospective Student Information Booklet (1999-00), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson

Seattle University Law Review

If therapeutic jurisprudence is so good, its applicability should not be limited to the trial courts. This Article offers some examples of how appellate courts can join the trial courts in applying therapeutic jurisprudence, but it also raises some concerns.