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Full-Text Articles in Law

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power Dec 1998

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power

Robert C Power

No abstract provided.


Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee Dec 1998

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.


A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan Dec 1995

A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan

Susan Raeker-Jordan

In recent Eighth Amendment decisions applying the Cruel and Unusual Punishment Clause to substantive challenges to the death penalty, a plurality of the United States Supreme Court has favored employing only the "evolving standards of decency" test of constitutionality, purportedly because it is an objective measurement of cruelty and unusualness. The Article will show, however, that contrary to the assertions of some Court members, the indicia for ascertaining the evolving standard of decency are far from objective. Rather, the evidence gleaned from he "objective indicia" of legislative enactments and jury sentencing behavior can be and has been rigged to favor …


Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm Dec 1992

Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm

James W. Diehm

In his article Professor Giannelli articulates quite clearly the confrontation issues that arise when the government seeks to introduce scientific evidence testimony in a criminal case." His work is helpful to our understanding of the problems that develop in the limited contexts of expert testimony and laboratory reports. It also provides valuable insights into the relationship between the Confrontation Clause and the hearsay rules. However, perhaps most important is the contribution that he makes to our understanding of the right of confrontation and our attempts to define that right and its limitations. While I find myself to be in general …


Federal Expungement: A Concept In Need Of Definition, James W. Diehm Dec 1991

Federal Expungement: A Concept In Need Of Definition, James W. Diehm

James W. Diehm

It is a common occurrence. An individual, frequently a young person, is arrested for a criminal offense, and the charges are disposed of without a conviction. This disposition appears favorable until the person realizes that there' is an arrest record on file that will create problems every time he or she seeks employment, applies for a professional license, or attempts to obtain a security clearance. Is there a way to remedy this situation? The answer is yes. The person can seek expungement of the criminal record. In fact, expungement may even be granted when the person has been convicted of …


Impeachment Of Jury Verdicts: Tanner And Beyond, James W. Diehm Dec 1990

Impeachment Of Jury Verdicts: Tanner And Beyond, James W. Diehm

James W. Diehm

Why, after more than two centuries of study and consideration by the courts and legal scholars alike, does the debate over the impeachment of jury verdicts persist? The problem is not one susceptible to an easy solution. If we lived in a perfect world, fair and impartial juries would be selected; they would listen to the evidence, retire to the jury room, discuss the evidence rationally in a cordial manner, follow the court's instructions, reach a just and logical verdict, accurately report that verdict and be excused. Unfortunately, a myriad of problems can develop during this process, for example, a …


I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim Dec 1988

I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim

Frank Pommersheim

No abstract provided.


Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson Dec 1977

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

David Aaronson

No abstract provided.


Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson Dec 1977

Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson

David Aaronson

Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …


Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson Dec 1976

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson

David Aaronson

No abstract provided.


A Handbook On Sentencing, Brian Slattery Dec 1971

A Handbook On Sentencing, Brian Slattery

Brian Slattery

This book aims to show that sentencing, like any other area of the law, is governed by reasonably well-defined principles and rules. Although these rules are known to any experienced judge and are frequently invoked in judgments, they have never been organized into an explicit and coherent system and have suffered from this neglect. This book provides not only better access to the rules but also a logical framework within which they can be discussed and applied. While the work has specific application to Tanzania, it should be of use throughout East and Central Africa, whose nations have similar penal …


Note, Commonwealth Ex. Rel. Stevens V. Myers, John L. Gedid Dec 1964

Note, Commonwealth Ex. Rel. Stevens V. Myers, John L. Gedid

John L. Gedid

No abstract provided.