Law Commons^™

Islamic Jurisprudence (Reviewing Muḥammad Bāqir Aṣ-Ṣadr, Lessons In Islamic Jurisprudence, Trans. Roy Mottahedeh (Oxford: Oneworld, 2003)), Intisar Rabb Phd

Intisar A. Rabb

No abstract provided.

The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel

David B Kopel

Many twenty-first century Americans believe that they have a God-given right to possess arms as a last resort against tyranny. One of the most important sources of that belief is the struggle for freedom of conscience in the United Kingdom during the reigns of Elizabeth I and the Stuarts. A moral right and duty to use force against tyranny was explicated by the Scottish Presbyterians George Buchanan and Samuel Rutherford. The free-thinking English Christians John Locke and Algernon Sidney broadened and deepened the ideas of Buchanan and Rutherford. The result was a sophisticated defense of religious freedom, which was to …

The Rise And Fall Of Material Witness Detention In Nineteenth Century New York, Wesley M. Oliver

Wesley M Oliver

No abstract provided.

International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma

Saumya Uma

This is a pocket-book consisting of queries raised by Parliamentarians at the first consultative meeting organized by ICC-India campaign / Women's Research & Action Group on the International Criminal Court (ICC), in August 2005, and written responses to the same. It is aimed at strengthening the information dissemination efforts on ICC with Indian Parliamentarians.

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …

Juvenile Decertification: Developing A Model For Classification And Prediction, Geoffrey Marczyk, Kirk Heilbrun, Tammy Lander, David Dematteo

David DeMatteo

This study considers the impact of data from the Psychopathy Checklist: Youth Version (PCL:YV), the Massachusetts Youth Screening Instrument (MAYSI), and the Youth Level of Service Case Management Inventory (YLS/CMI) on the court’s decision whether to decertify an adolescent defendant back to juvenile court or keep the defendant in criminal court. There are significant positive relationships between certification status and age; number of violent charges; total charges; PCL:YV, YLS/CMI, and MAYSI total scores; and select subscales of the MAYSI and the YLS/CMI. Significant differences are found between those who remained in the adult criminal justice system and those who were …

Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein

Richard Adelstein

A theory of central planning employing Austrian themes and applied to private firms and Taylorism.

The Supreme Court Restates Directors’ Fiduciary Duty – A Comment On Peoples Department Stores Inc. V. Wise, Darcy Macpherson

Darcy L MacPherson

No abstract provided.

American Legal Education, Robert Bloom

Robert M. Bloom

No abstract provided.

Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata

Robert B Leflar

All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer …

Interrogating Guilty Suspects: Why Sipowicz Never Has To Admit He Is Wrong, George C. Thomas Iii, Richard A. Leo

Richard A. Leo

On the television police drama NYPD Blue, Andy Sipowicz and his colleagues often use threats of physical violence and psychological interrogation tactics to extract confessions from "guilty suspects." Sipowicz is portrayed as a white knight who serves a nobler ideal than respecting the physical integrity of suspects: obtaining justice for innocent victims. Although the television show is fictional, it has implications regarding real-life interrogation tactics used by the police. In this chapter, the authors analyze scenes from NYPD Blue in which the detectives use physical violence, threats of violence, and negative and positive incentive techniques to induce confessions from suspects. …

Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford

John F. Stinneford

No abstract provided.

How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston

James B Johnston

Rape shield statutes are designed to limit a judge's discretion in allowing information about a rape victim's sexual past into evidence at trial. This is done to prevent dual victimization of the rape victim. First during the rape and then at trial. Despite rape shield protections the NJ Supreme Court ruled in State v. Garron that a victim's prior flirtations with the attacker, some of which occurred 6 years before the rape was admissible. The court overturned the attacker's guilty verdict and he went free. Advocates for rape victims rights were outraged. This article provides an analysis and critique of …

Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan

Lucian E Dervan

Since the creation of the Corporate Fraud Task Force in July 2002, the United States Department of Justice and the other member agencies have worked feverishly to ferret out corporate crime and punish wrongdoers. The Task Force, in the three years following the announcement of its formation by President Bush, has instituted hundreds of investigations, secured over five hundred corporate fraud convictions or guilty pleas, and charged over nine hundred defendants. Not to be outdone by federal law enforcement authorities, some state attorneys general have followed suit, pursuing their own well-publicized probes of corporate practices. The stakes in these investigations …

8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon

Thomas D. Lyon