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Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl Nov 1994

Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl

Northern Illinois University Law Review

Although recognized as an acceptable form of punishment in other cultures, castration as a punitive measure has traditionally found limited support in the United States. This comment examines the use of castration as a form of punishment, tracing the procedure from its origins in the eugenics movement in the early twentieth century to the recent popularity of chemical castration as an alternative to incarceration for sex offenders. The comment discusses constitutional challenges to the castration of sex offenders and addresses the economic and social policy considerations implicated by the practice. The author concludes that castration represents an unconstitutional and ineffective …

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10 Things They Never Taught You In Law School, Penny White Jun 1994

10 Things They Never Taught You In Law School, Penny White

Scholarly Works

No abstract provided.

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School Of Law Commencement: May 15, 1994, University Of North Dakota May 1994

School Of Law Commencement: May 15, 1994, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 15, 1994.

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Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery May 1994

Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery

Northern Illinois University Law Review

This note examines the United States Supreme Court decision upholding the federal anti-lottery statutory scheme as constitutional under the First Amendment. The author contends that the Court disregarded precedent which established intermediate scrutiny as the standard of review when determining the constitutionality of restrictions on commercial speech. The Court utilized a mere rationality review, by deferring to legislative policies that at one time served an important interest, but no longer substantiate a complete ban on the free flow of truthful commercial information.

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Minnesota V. Dickerson: "Plain Feel" And The Expansion Of Terry To Allow Warrantless Seizures Of Non-Weapon Contraband, Mark D. Walton May 1994

Minnesota V. Dickerson: "Plain Feel" And The Expansion Of Terry To Allow Warrantless Seizures Of Non-Weapon Contraband, Mark D. Walton

Northern Illinois University Law Review

This note examines the United States Supreme Court decision accepting a "plain feel" analogue to the plain view doctrine. The author contends that this is an improper expansion of Terry v. Ohio that will result in routine warrantless personal searches for non-weapon contraband.

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Some Economic Aspects Of Crime In The United States, Joseph A. Martellaro May 1994

Some Economic Aspects Of Crime In The United States, Joseph A. Martellaro

Northern Illinois University Law Review

This article focuses on the economic aspects of crime in the United States, specifically analyzing crimes which are committed by persons upon other persons and against property. The author notes that NAFTA may result in an increased influx of crime due to increased activity between the United States, Canada and Mexico. The article proceeds to analyze the economic aspects of criminal behavior by examining the probability of success via "Risk-Factors." The article examines the enormous cost of crime in the United States, and concludes that the monetary awards of crime will continue to result in an increase in criminal activity, …

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Scorn, Richard Delgado, Jean Stefancic Mar 1994

Scorn, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.

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Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr. Feb 1994

Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.

William & Mary Law Review

No abstract provided.

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The Nova Southeastern Lawyer, 1994, Volume 8, Number 1, Nova University - Shepard Broad Law Center Jan 1994

The Nova Southeastern Lawyer, 1994, Volume 8, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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The Criminal Defense Attorney, Ethics And Maintaining Client Confidentiality: A Proposal To Amend Rule 1.6 Of The Model Rules Of Professional Conduct, David Rosenthal Jan 1994

The Criminal Defense Attorney, Ethics And Maintaining Client Confidentiality: A Proposal To Amend Rule 1.6 Of The Model Rules Of Professional Conduct, David Rosenthal

St. Thomas Law Review

This Essay asserts that the Model Rules do not sufficiently address the unique problems that criminal defense attorneys face, especially in this scenario. Although the authoritative measure of the Model Rules is found within the text of each individual rule, any "bright-line" solution to the problem is obscured when the Preamble and Scope are read in conjunction with the text of Model Rule 1.6. To resolve this dilemma, this Essay proposes an amendment to Model Rule 1.6 that seeks to effectively address the relevant concerns of the presented scenario. According to the proposed amendment, the attorney's solution is mandated by …

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Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines Jan 1994

Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines

St. Thomas Law Review

This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.

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Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley Jan 1994

Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley

St. Thomas Law Review

This comment will look at Chapter 94-135 of the laws of Florida and the statutes it altered as compared to the recommendations from The First Report of the Governor's Task Force on Domestic Violence5 as well as methods effectively being used by other states. It will show that Florida's new Act is a curious mixture of strength and weakness within the statutes, taking some new actions, yet not moving forward and sometimes even regressing in areas where decisive steps could have been taken, notably in such aspects as police intervention and reporting, pro-prosecution policies, and injunctions.

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Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno Jan 1994

Men, Women And Rape, Donald Dripps, Linda Fairstein, Robin West, Deborah W. Denno

Fordham Law Review

No abstract provided.

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Trial By Tabloid, Mercy Hermida Jan 1994

Trial By Tabloid, Mercy Hermida

St. Thomas Law Review

An intense conflict has persisted throughout legal history between the practical application of the First and Sixth Amendments. The controversy between these two guarantees has been a constant debate for decades. On the one hand, the First Amendment guarantees the media the Constitutional right to report the news via their right to freedom of expression. Alternatively, the Sixth Amendment guarantees the criminally accused the right to a fair trial decided by an impartial jury. Although these two guarantees are not seemingly contradictory, they ultimately collide when the media, in asserting its First Amendment right, so intrudes and disrupts a criminal …

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Rape Law Reform's Limits, Beth Ann Richman Jan 1994

Rape Law Reform's Limits, Beth Ann Richman

Honors Papers

The first that I will explore is the criticism of the wording of the law. Defining the crime of rape was seen as vital, in that, in many states it was impossible to get a conviction for certain types of sexual assaults, simply because statutorily they did not exist (Chappell. 1976). The second aspect of rape reform theory that I will review is the arguments that attempt to prove that rape is similar to other forms of criminal assault. This body of thought fits into an equality based argument that has been championed by some feminist legal theorists that deal …

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Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno Jan 1994

Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno

Fordham Law Review

No abstract provided.

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Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams Oct 1993

Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams

Law and Contemporary Problems

Military exclusion policies have been challenged by straight women, gays and lesbians. Questions about the arguments and the institutional mechanisms through which change can best be achieved are discussed.

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To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig Oct 1993

To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig

William & Mary Law Review

No abstract provided.

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School Of Law Commencement: May 15, 1993, University Of North Dakota May 1993

School Of Law Commencement: May 15, 1993, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 15, 1993.

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Entrapment And Jacobson V. United States: "Doesn't The Government Realize That They Can Destroy A Man's Life?", Leslie G. Bleifus May 1993

Entrapment And Jacobson V. United States: "Doesn't The Government Realize That They Can Destroy A Man's Life?", Leslie G. Bleifus

Northern Illinois University Law Review

This note examines the United States Supreme Court decision finding that the criminal defendant had been entrapped by the government as a matter of law. The author contends that the Court's disposition of this case was not consistent with precedent and concludes that the decision was an implicit application of the due process defense.

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Lawyer - Spring 1993, Seattle University School Of Law May 1993

Lawyer - Spring 1993, Seattle University School Of Law

Lawyer

• Our Alums Bring a Lot of Experience and a Wealth of Community Good Works
• Work at GATT Is Fast-Paced and High-Stakes (by Gail Pruitt)
• Can Anyone Out There Top This For a Mother-In-Law Story? (by Geoffrey Watson)
• 1990 Act Spurs New Debate On Art in Public Places (by Bob Menanteaux)

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Teach Your Students Well: Valuing Clients In The Law School Clinic, Ann Juergens Apr 1993

Teach Your Students Well: Valuing Clients In The Law School Clinic, Ann Juergens

Cornell Journal of Law and Public Policy

No abstract provided.

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Play Fair With Punishment, Richard Dagger Apr 1993

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.

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Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson Apr 1993

Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson

Dalhousie Law Journal

It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the …

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Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz Jan 1993

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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The Nova Lawyer, 1993, Volume 7, Number 3, Nova University - Shepard Broad Law Center Jan 1993

The Nova Lawyer, 1993, Volume 7, Number 3, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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Lawyer - Winter 1992, Seattle University School Of Law Dec 1992

Lawyer - Winter 1992, Seattle University School Of Law

Lawyer

• Two Alums From the School’s First Class, 1992 Distinguished Law Graduates
• Celebrating Our 20-Year Success Story Was a Grand Occasions
• When Proposed Law Affects Federal Judiciary, White Goes to Work to Illumine Impact

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Rascals In Paradise: Urban Gangs In Papua New Guinea, Nand E. Hart Nibbrig Sep 1992

Rascals In Paradise: Urban Gangs In Papua New Guinea, Nand E. Hart Nibbrig

Pacific Studies

No abstract provided.

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School Of Law Commencement: May 9, 1992, University Of North Dakota May 1992

School Of Law Commencement: May 9, 1992, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 9, 1992.

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Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift May 1992

Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift

Northern Illinois University Law Review

In Gentile v. State Bar of Nevada the United States Supreme Court declared unconstitutional a widely adopted professional regulation covering attorney discussion of pending criminal cases. The Court's conclusion was based in large part on a perceived risk of discriminatory enforcement against defense counsel. This article demonstrates that the Court's concern about discriminatory enforcement is supported by the empirical evidence. Extensive studies of disclosures in criminal cases demonstrate that an attorney trial publicity problem exists, and is substantially one of improper prosecutorial publicity. Nevertheless, the attention of the organized bar and its enforcement of disciplinary rules on trial publicity have …

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