Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum Nov 2006

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

George C Thomas III

Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …


Extended Work Duration And The Risk Of Self-Reported Percutaneous Injuries In Interns, Dean M. Hashimoto, Najib T. Ayas, Laura K. Barger, Brian E. Cade, Bernard Rosner, John W. Cronin, Frank E. Speizer, Charles A. Czeisler Sep 2006

Extended Work Duration And The Risk Of Self-Reported Percutaneous Injuries In Interns, Dean M. Hashimoto, Najib T. Ayas, Laura K. Barger, Brian E. Cade, Bernard Rosner, John W. Cronin, Frank E. Speizer, Charles A. Czeisler

Dean M. Hashimoto

Context: In their first year of postgraduate training, interns commonly work shifts that are longer than 24 hours. Extended-duration work shifts are associated with increased risks of automobile crash, particularly during a commute from work. Interns may be at risk for other occupation-related injuries.

Objective: To assess the relationship between extended work duration and rates of percutaneous injuries in a diverse population of interns in the United States.

Design, Setting, and Participants: National prospective cohort study of 2737 of the estimated 18 447 interns in US postgraduate residency programs from July 2002 through May 2003. Each month, comprehensive Web-based surveys …


Appointed Member Of The Advisory Board On Science And Technology Of The Flaschner Judicial Institute, Dean Hashimoto May 2006

Appointed Member Of The Advisory Board On Science And Technology Of The Flaschner Judicial Institute, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


The Law Clerk Who Wrote Rasul V. Bush: John Paul Steven's Influence From World War Ii To The War On Terror, Joseph Thai Apr 2006

The Law Clerk Who Wrote Rasul V. Bush: John Paul Steven's Influence From World War Ii To The War On Terror, Joseph Thai

Joseph T Thai

No abstract provided.


Judging Scientific Evidence At The Cutting Edge, Dean Hashimoto Mar 2006

Judging Scientific Evidence At The Cutting Edge, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


The Role Of Medical Treatment Guidelines In Workers’ Compensation, Dean Hashimoto Mar 2006

The Role Of Medical Treatment Guidelines In Workers’ Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Japanese American Internment, Korematsu, And Its Continuing Impact, Dean Hashimoto Feb 2006

Japanese American Internment, Korematsu, And Its Continuing Impact, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Race, Resistance, And Reconciliation: Japanese American Resisters From World War Ii, Dean Hashimoto Feb 2006

Race, Resistance, And Reconciliation: Japanese American Resisters From World War Ii, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


The Role Of The Legal Causation Requirement In Tort Litigation And Regulation Involving Indoor Air Quality Problems, Dean Hashimoto Feb 2006

The Role Of The Legal Causation Requirement In Tort Litigation And Regulation Involving Indoor Air Quality Problems, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


Should The Patients' Bill Of Rights Include Affirmative Action?, Dean Hashimoto Jan 2006

Should The Patients' Bill Of Rights Include Affirmative Action?, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


La Protección De Las Marcas De Hecho, Gabriel Martinez Medrano Jan 2006

La Protección De Las Marcas De Hecho, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.


Situacion Del Usuario Adicional De Tarjetas De Credito Frente A La Mora Del Titular., Gabriel Martinez Medrano Jan 2006

Situacion Del Usuario Adicional De Tarjetas De Credito Frente A La Mora Del Titular., Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.


Review Of John Paul Stevens: An Independent Life, Joseph Thai Dec 2005

Review Of John Paul Stevens: An Independent Life, Joseph Thai

Joseph T Thai

No abstract provided.


Driving Misjoinder: The Improper Party Problem In Removal Jurisdiction, Steven Gensler, Laura Hines Dec 2005

Driving Misjoinder: The Improper Party Problem In Removal Jurisdiction, Steven Gensler, Laura Hines

Steven S. Gensler

No abstract provided.


Appointed Visiting Associate Professor Of Law For Spring 2006 At Harvard Law School, Dean Hashimoto Dec 2005

Appointed Visiting Associate Professor Of Law For Spring 2006 At Harvard Law School, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.


The Meaninglessness Of Delayed Appointments And Discretionary Grants Of Capital Postconviction Counsel, Celestine Richards Mcconville Dec 2005

The Meaninglessness Of Delayed Appointments And Discretionary Grants Of Capital Postconviction Counsel, Celestine Richards Mcconville

Celestine Richards McConville

This article addresses the right to postconviction counsel in capital cases - a right that is absolutely crucial to protecting innocent capital inmates from wrongful execution. It is no secret that indigent capital inmates who wish to pursue their state postconviction remedies have no constitutional right to counsel, and instead must rely on statutory grants of counsel. While numerous death penalty states have seen fit to provide a mandatory statutory right to postconviction counsel, a handful of death penalty states, including Alabama, provide only a discretionary right to such counsel. But in Alabama, which at the time of this writing …


Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan Dec 2005

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

From Grotius to Hobbes to Locke to an unconventional modern pop-culture manifestation in Ali G, the concept of “respect” has always been understood as important in human interaction and human agreements. The concept of mutual understanding and obligation pervades human interaction, and, for purposes of this Article, international relations. Almost all basic principles in English, United States, and other country’s laws that value human and individual rights have based, over time, the development of their laws on the philosophical principle of respect. So much of common and statutory law is designed to enforce respect for others. The principle question in …


Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan Dec 2005

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …