Digital Commons Network^™

Are They Listening? The Current Debate Over Municipal Liability Under The Federal Wiretap Act, Jenna M. Maresco

Dickinson Law Review (1908-2003)

The Federal Wiretap Act ("FWA") prohibits the interception and disclosure of electronic communications. The FWA contains a civil remedy provision through which a victim may recover from a "person or entity" alleged to have violated the statute. The somewhat ambiguous text of the FWA has led to varying interpretations of the civil remedy provision among courts.

Specifically, courts have disagreed over whether a municipality can be deemed an "entity" for purposes of the civil remedy provision. Most courts have held that a municipality is an "entity" and thus can be held liable for violations of the FWA. A few courts, …

The Misapplication Of Garcetti In Higher Education, Matthew Jay Hertzog

Brigham Young University Education and Law Journal

No abstract provided.

A Tale Of Three Prejudices: Restructuring The "Martinez Gateway", Michael Ellis

Washington Law Review

Martinez v. Ryan opened a door previously closed to federal habeas petitioners. In the past, where attorney negligence or a pro se defendant’s lack of legal knowledge caused ineffective-assistance-of-trial-counsel claims to be procedurally defaulted, those claims were likely lost forever. Now, following Martinez, petitioners get a second chance should they satisfy the Supreme Court’s four-pronged test. The Martinez test, however, is not a simple one. This Comment addresses some problems concerning the four-pronged test, including multiple and conflicting standards for the same element, tensions between Martinez and the underlying Strickland v. Washington ineffective-assistance-of-counsel standard, and confusion where the same …

Agency Slack And The Design Of Criminal Justice Institutions, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.

Our Administrative System Of Criminal Justice, Gerard E. Lynch

Fordham Law Review

    To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.

    The fourth piece selected by the Board is Our Administrative System of Criminal Justice, an article written by Gerard E. Lynch that is among the most cited works in the Law Review’s history.  This article illustrates how the practice of plea bargaining blurs the boundaries between adversarial and inquisitorial criminal justice systems.

   Judge Lynch now sits on the Second Circuit having eventually succeeded the late …

Due Diligence And Gender Violence: Parsing Its Power And Its Perils, Debra J. Liebowtiz, Julie Goldscheid

Cornell International Law Journal

No abstract provided.

Transitional Justice And Judicial Activism - A Right To Accountability, Ruti Teitel

Cornell International Law Journal

No abstract provided.

Just Repair, Lisa J. Laplante

Cornell International Law Journal

No abstract provided.

Criminal Inflictions Of Emotional Distress, Avlana Eisenberg

Scholarly Publications

This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way.

In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …

William J. Turnier: Unc Law Colleague, 1973-2014, John Charles Boger

North Carolina Law Review

No abstract provided.

Faculty Senate Resolution 15-04, Louisiana State University And Agricultural & Mechanical College

LSU Faculty Senate Publications

Faculty Senate Resolution on addressing institutional racism in law enforcement; postponed, not adopted.

Table Of Contents, Editorial Board, Law School Faculty And Administration, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Law Journal

No abstract provided.

Psychology And Lawyering: Coalescing The Field, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham

Nevada Law Journal

No abstract provided.

Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton

Nevada Law Journal

No abstract provided.

The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, Craig D. Friedel

Nevada Law Journal

No abstract provided.

The Spinnaker March 2015, University Of North Florida

Spinnaker

Student newspaper for the UNF community. Date: March 2015

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Politics On A Human Scale: The American Tradition Of Decentralism (Book Review), Doug Vande Griend

Pro Rege

Reviewed Title: Politics on a Human Scale: The American Tradition of Decentralism. Lanham, Maryland: Lexington Books, 2013. 648 pp. ISBN 978-0-73918-67-49.

Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq

Public Law and Legal Theory Working Papers

This Article analyzes the doctrinal instruments federal courts use to allocate scarce adjudicative resources over competing demands for constitutional remedies. It advances two claims. The first is that a central, hitherto underappreciated, doctrinal instrument for rationing judicial resources is a demand that most constitutional claimants demonstrate that an official violated an exceptionally clear, unambiguous constitutional rule—that is, not only that the Constitution was violated, but that the violation evinced a demanding species of fault. This fault rule first emerged in constitutional tort jurisprudence. It has diffused to the suppression and postconviction review contexts. The Article’s second claim is that …

What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon

Faculty Scholarship

This symposium article responds to the question, what's left of the law in the wake of ADR? The article addresses this question in the context of the criminal justice system in the United States. As with civil cases, few criminal cases go to trial. Negotiated agreements through plea bargaining have been the predominate form of case resolution since at least the mid-twentieth century. Plea bargaining, as with other forms of alternative dispute resolution, is an informal process that operates largely outside the formal legal system. Plea bargains are rarely negotiated on the record in open court. Instead, they are usually …

At The Fontier Of The Younger Doctrine: Reflections On Google V. Hood, Gil Seinfeld

Articles

On December 19, 2014, long-simmering tensions between Mississippi Attorney General Jim Hood and the search engine giant Google boiled over into federal court when Google filed suit against the Attorney General to enjoin him from bringing civil or criminal charges against it for alleged violations of the Mississippi Consumer Protection Act. Hood had been investigating and threatening legal action against Google for over a year for its alleged failure to do enough to prevent its search engine, advertisements, and YouTube website from facilitating public access to illegal, dangerous, or copyright protected goods. The case has garnered a great deal of …

Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, Sean Daly

Nevada Law Journal

No abstract provided.

How Creativity Can Be Used To Cope: My Creative Journey, Annamaria Todaro

Creativity and Change Leadership Graduate Student Master's Projects

ABSTRACT OF A PROJECT

How Creativity Can Be Used to Cope: My Creative Journey

This project examines how a positive attitude and affective creative skills and behavioral skills can raise self-awareness and empower individuals to make healthy changes in their lives. The goal is to demonstrate that no matter what the individuals’ circumstances might be, they have the mind power to overcome self-victimization and create happiness from within. Affective creative skills such as fluency, flexibility, originality, divergent thinking, curiosity, imagination and many more skills allow for change and transformation within an individual. Behavioral skills are the actions or steps that …

The Death Penalty: Should The Judge Or The Jury Decide Who Dies?, Valerie P. Hans, John H. Blume, Theodore Eisenberg, Amelia Courtney Hritz, Sheri L. Johnson, Caisa Elizabeth Royer, Martin T. Wells

Cornell Law Faculty Publications

This article addresses the effect of judge versus jury decision making through analysis of a database of all capital sentencing phase hearing trials in the State of Delaware from 1977– 2007. Over the three decades of the study, Delaware shifted responsibility for death penalty sentencing from the jury to the judge. Currently, Delaware is one of the handful of states that gives the judge the final decision-making authority in capital trials. Controlling for a number of legally relevant and other predictor variables, we find that the shift to judge sentencing significantly increased the number of death sentences. Statutory aggravating factors, …

Children Of The Incarcerated: Collateral Victims Of Crime: A Resource Guide, Katheryn Russell-Brown, Anju K. Davidson, Andrea Davis

Center for the Study of Race & Race Relations: Lectures and Events

No abstract provided.

The Role Of Parenting In The Prediction Of Criminal Involvement: Findings From A Nationally Representative Sample Of Youth And A Sample Of Adopted Youth, Kevin M. Beaver, Joesph A. Schwartz, Eric J. Connolly, Mohammed Said Al-Ghamdi, Ahmed Nezar Kobeisy

Criminology and Criminal Justice Faculty Publications

The role of parenting in the development of criminal behavior has been the source of a vast amount of research, with the majority of studies detecting statistically significant associations between dimensions of parenting and measures of criminal involvement. An emerging group of scholars, however, has drawn attention to the methodological limitations—mainly genetic confounding—of the parental socialization literature. The current study addressed this limitation by analyzing a sample of adoptees to assess the association between 8 parenting measures and 4 criminal justice outcome measures. The results revealed very little evidence of parental socialization effects on criminal behavior before controlling for genetic …

The Difficulties Of Democratic Mercy, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.

When It Gets Gangsta: Using Gangsta Rap To Examine Various Conflicts In Criminal Justice Education, Gordon A. Crews, Garrison A. Crews, Paige A. Heinrich, Sara K. Green

Criminal Justice Faculty Publications

•The purpose of this paper/presentation is to use Gangsta Rap lifestyle and lyrics to examine/explain various types of universities, faculty, staff, administrators, and students •They will also be used to place various departmental/college conflicts in a “proper perspective” for new faculty members