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The Hidden Gender Of Law, Christine Boyle May 1992

The Hidden Gender Of Law, Christine Boyle

Dalhousie Law Journal

Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …

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Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller May 1992

Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller

Northern Illinois University Law Review

In Arizona v. Fulminante, the United States Supreme Court held that coerced confessions that are erroneously admitted at trial are now subject to the harmless-error rule. The Court's holding is a radical departure from precedent. Consequently, this note examines this precedent and the Fulminante decision. The author concludes that Fulminante has created inconsistency within the area of law dealing with coerced confessions, increased the possibility of unfair trials, and narrowed defendants' due process rights.

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Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson May 1992

Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson

Northern Illinois University Law Review

This note examines the United States Supreme Court decision finding a private litigant's use of peremptory challenges to exclude jurors on account of race in a civil case constituted "state action" and violated the excluded jurors' equal protection rights. The author examines the Court's decision and concludes that the finding of "state action" was not based on reasoned jurisprudence.

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Lawyer - Spring 1992, Seattle University School Of Law May 1992

Lawyer - Spring 1992, Seattle University School Of Law

Lawyer

• Karen Seinfeld Takes Solid Record of Judicial Work To State’s Second Highest Court
• Deans’ Visits with Law School Graduates Reveal Generosity and Pride in Their School
• Massive Changes in How the Law Library and Users Do Their Work
• McNamara: Lawyers Should Be Leaders and Model Citizens (by Erica Lim ’92)

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The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia Jan 1992

The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia

St. Thomas Law Review

No abstract provided.

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Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory Jan 1992

Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory

St. Thomas Law Review

This comment will (i) demonstrate that black defendants as well as black victims in death penalty cases, are not equally protected under the Fourteenth Amendment of the Constitution and (ii) propose a solution to provide blacks equal protection, as contemplated by the framers of the United States Constitution, when they face execution. This comment is not intended to present the argument that a death row inmate should share the same equal protection with that of law abiding citizens. Rather, this comment stands for the proposition that as a group, all death row inmates should be equally protected regardless of race.

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The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively Jan 1992

The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively

St. Thomas Law Review

This essay is derived in part from the author's book THE CONSTITUTION AND RACE (1992). Copyright 1992 by Donald E. Lively.

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European Unity In The Nineties--A Mirage, Thomas Opperman Jan 1992

European Unity In The Nineties--A Mirage, Thomas Opperman

St. Thomas Law Review

Thank you for the honor of presenting the 1991 St. Thomas Distinguished Lecture in Law. I accepted your kind invitation with great pleasure. You may not be aware of the fact, but I flatter myself to be one of the closest observers of St. Thomas University School of Law in Germany because I receive regular information about you from my very good friend Professor Siegfried Wiessner, an alumnus of our Law School at Eberhard Karls University in Tiibingen, Germany. Seeing him in the audience, I definitely feel at home. The subject of my lecture is the prospect of European unity …

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Book Review - The Sixt Amendment On Modern American Jurisprudence: A Critical Perspective, Laura Gardner Webster Jan 1992

Book Review - The Sixt Amendment On Modern American Jurisprudence: A Critical Perspective, Laura Gardner Webster

St. Thomas Law Review

No abstract provided.

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Review Essay: A Generation Of Change In Florida State Constitutional Law Review Of Talbot D'Alemberte, The Florida State Constitution: A Reference Guide, Robert F. Williams Jan 1992

Review Essay: A Generation Of Change In Florida State Constitutional Law Review Of Talbot D'Alemberte, The Florida State Constitution: A Reference Guide, Robert F. Williams

St. Thomas Law Review

No abstract provided.

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Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan Jan 1992

Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan

Law and Contemporary Problems

The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.

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Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps Jan 1992

Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps

Law and Contemporary Problems

The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.

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A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger Jan 1992

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

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The Nova Lawyer, Fall 1991, Volume 5, Number 2, Nova University - Shepard Broad Law Center Oct 1991

The Nova Lawyer, Fall 1991, Volume 5, Number 2, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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Aids And The Criminal Justice System: An Annotated Bibliography, John R. Austin, Rebecca S. Trammell Jul 1991

Aids And The Criminal Justice System: An Annotated Bibliography, John R. Austin, Rebecca S. Trammell

Northern Illinois University Law Review

Part I of this bibliography collects and annotates articles and books that discuss the legal issues that grow out of the impact of HIV infection and disease on the criminal justice system and the criminal law. Part II describes on-line databases, loose-leaf services, periodicals and bibliographies that would also be of interest to the researcher in this area.

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Aids In Jail, Howard Messing Jul 1991

Aids In Jail, Howard Messing

Northern Illinois University Law Review

The first American institution forced to face the AIDS epidemic and which served as a testing ground for institutional responses to AIDS was the jail. The response of the jail systems and the case law surrounding these responses discussed in this article will be informative in shaping and reviewing the responses of other institutions to the AIDS crisis.

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School Of Law Commencement: May 11, 1991, University Of North Dakota May 1991

School Of Law Commencement: May 11, 1991, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 11, 1991.

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The Nova Lawyer, Spring 1991, Volume 5, Number 1, Nova University Shepard Broad Law Center Apr 1991

The Nova Lawyer, Spring 1991, Volume 5, Number 1, Nova University Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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Alaska's Plea Bargaining Ban Re-Evaluated, Teresa White Carns, John Kruse Jan 1991

Alaska's Plea Bargaining Ban Re-Evaluated, Teresa White Carns, John Kruse

ISER Reports

This article summarizes the findings of the Alaska Judicial Council's most recent evaluation of Alaska's ban on plea bargaining. The study found several major differences between Alaska's pre-ban practices and current practices that could be directly attributed to the ban. First, the standard for screening of cases was tightened immediately after the ban was announced, resulting in an increase in the number of cases not accepted for prosecution. According to most persons interviewed, the present screening policy is a positive influence on the quality of cases and a useful tool for prosecutors. The Alaska Judicial Council recommends that the present …

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Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz Jan 1991

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

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

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Prior Restraint In Light Of United States V. Noriega--Has The Law Been Changed, William M. Hoeveler Jan 1991

Prior Restraint In Light Of United States V. Noriega--Has The Law Been Changed, William M. Hoeveler

St. Thomas Law Review

No abstract provided.

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Caplin & Drysdale, Chartered V. United States: Seizing Attorney Fees-Frozen Assets Or Frozen Justice? The Sixth Amendment Right To Counsel Of Choice Is Given The Cold Shoulder, Anthony G. Vella Nov 1990

Caplin & Drysdale, Chartered V. United States: Seizing Attorney Fees-Frozen Assets Or Frozen Justice? The Sixth Amendment Right To Counsel Of Choice Is Given The Cold Shoulder, Anthony G. Vella

Northern Illinois University Law Review

This note examines the United States Supreme Court decision that found confiscation of criminal defense attorney fees under RICO and the continuing criminal enterprise statutes is permissible under the sixth amendment. The Court's reasoning is presented in this note. The note analyzes the Court's decision through the eyes of the dissenters and other commentators opposed to the result. The author concludes that this decision has rendered the sixth amendment right to counsel of choice an insubstantial right and damaged the integrity of the adversary system in our courts.

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Lawyer - Fall 1990, Seattle University School Of Law Nov 1990

Lawyer - Fall 1990, Seattle University School Of Law

Lawyer

• Summer Interns Tell About Getting Their Feet Wet at a Rare Version of Summer Camp
• Hometown Grad Makes Good: A Talk with Soon-to-Be Justice Johnson
• Superintendent Judith Billings Is on the Hot Seat in a Key Spot
• Red Carpet Welcome for School’s First Dean

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The Nova Lawyer, Fall 1990, Volume 4, Number 2, Nova University Shepard Broad Law Center Oct 1990

The Nova Lawyer, Fall 1990, Volume 4, Number 2, Nova University Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers Oct 1990

Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers

Dalhousie Law Journal

This book consists of ten essays on the general theme of effective techniques for controlling and regulating social behaviour. The authors draw on the disciplines of management studies, history and criminology, public policy studies and economics, psychology, anthropology, law, sociology, and political science. They are, collectively, a modern manifestation of Roscoe Pound's concept of law in action as "social engineering".

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School Of Law Commencement: May 12, 1990, University Of North Dakota May 1990

School Of Law Commencement: May 12, 1990, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 12, 1990.

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Judicial Procedures In Misdemeanor Domestic Assault Cases--A Model Policy, Beverly Balos, Isabel Gomez May 1990

Judicial Procedures In Misdemeanor Domestic Assault Cases--A Model Policy, Beverly Balos, Isabel Gomez

Northern Illinois University Law Review

Professor Balos and Judge Gomez combine to produce this model policy dealing with domestic assault cases. The foundation of this policy is the result of research comparing jurisdictions requiring varying degrees of police intervention and court involvement in such cases. The authors conclude that a policy, such as the one proposed here, which mandates arrest of the perpetrator in addition to requiring various police and court procedures is most effective in protecting the rights of the victim as well as the defendant.

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The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns Jan 1990

The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns

St. Thomas Law Review

To brand a child a criminal for life is harsh enough retribution for almost any offense. But it becomes an all but inconceivable response when we realize that to so brand him may in fact make him a criminal for life.... [C]asting a youthful offender to the wolves who prowl adult jails may well dash any hope that he will mature to be a civilized man. During the last thirty years, the juvenile justice system has been the focus of controversy ranging from concern over the lack of "due process" safeguards inherent in its informal procedures, to public outrage over …

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Coy V. Iowa: The Effect Of A Face-To-Face Confrontation Requirement On Statutes Shielding Child Witnesses, Janet D. Glick Nov 1989

Coy V. Iowa: The Effect Of A Face-To-Face Confrontation Requirement On Statutes Shielding Child Witnesses, Janet D. Glick

Northern Illinois University Law Review

This note examines the Supreme Court's decision which precludes the use of a screen to obstruct a witness' view of the defendant during a criminal trial. Although the Court attached great importance to the psychological impact of facing the accused, this note concludes the Coy decision will not serve to prohibit obstructing a witness' view of the defendant when such measures are found necessary to protect the witness.

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School Of Law Commencement: May 13, 1989, University Of North Dakota May 1989

School Of Law Commencement: May 13, 1989, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 13, 1989.

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