Law Commons^™

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity

History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom

Robert Bloom

No abstract provided.

Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom

Robert M. Bloom

Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement.

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein

Richard Daniel Klein

No abstract provided.

Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine

Samuel J. Levine

Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …

Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine

Samuel J. Levine

Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.

In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …

When Juveniles Face Questioning, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.

Superwomen Professionalism - Jeopardy, Beau James Brock

Beau James Brock

Powerpoint "Jeopardy" presentation made as a part of a professionalism CLE at the LSBA/BRAWA "Superwomen" Conference. This portion was presented after the panel opened the discussion on issues of community involvement, duties to the bar and others, client development opportunities, professional responsibility, and mentoring.

Unfettered Public Access To Electronic Arrest Records Disproportionately And Discriminatorily Harms Communities Of Color, Charles E. Maclean

Charles E. MacLean

No abstract provided.

Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber

Diane Webber

The paper examines current methods of preventive detention in the United States, that is the detaining of a suspect on home soil to prevent a terrorist attack. This paper looks at two recent events: the Fort Hood shootings and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. I demonstrate that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible …

Omg! Evidence Challenges In An Electronic World, Mary Sue Backus

Mary Sue Backus

No abstract provided.

U.S. Exclusionary Rule: A Comparative Analysis, Robert Bloom

Robert M. Bloom

No abstract provided.

History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom

Robert M. Bloom

No abstract provided.

Deq Compliance Priorities, Beau James Brock

Beau James Brock

Powerpoint on 2010-2011 DEQ Office of Compliance Priorities and Recent Developments.

What Economists Really Know, And What They Don't, Richard Adelstein

Richard Adelstein

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert M. Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity

Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

A New Clear And Present Danger: Security, Freedom And Ordered Liberty On The Home Front During The War Against Terrorism, Beau James Brock

Beau James Brock

Regardless of the foreign policy rationalizations for failing to respond to Osama Bin Laden’s declaration of war against the United States prior to September 11th, we are faced with a de facto state of war, for over a full decade now, that will require an ever vigilant and determined commitment in order to secure the domestic security of our land. The use of available technology to break through our opponents’ intelligence networks has been a vital instrument of victory in past wars and will be in this struggle we now face. But, where is the line marking appropriate federal action …

After The Crisis: Consequences, Beau James Brock

Beau James Brock

Powerpoint presentation on potential consequences of failing to properly plan and prepare for environmental incidents which may result in dire civil or criminal liability. Also, a discussion of the LDEQ and EPA upcoming enforcement directives is included.

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

David C. Gray

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …

Death Penalty Cases Impose Singular Burden, Judith L. Ritter, Ross Kleinstuber

Judith L Ritter

No abstract provided.

Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.

A Criminal Justice System That Works, Alan E. Garfield

Alan E Garfield

No abstract provided.

Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt

Richard C. Boldt

This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …

The Construction Of Responsibility In The Criminal Law, Richard C. Boldt

Richard C. Boldt

No abstract provided.

A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt

Richard C. Boldt

No abstract provided.

Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt

Richard C. Boldt

No abstract provided.

Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt

Richard C. Boldt

No abstract provided.

The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt

Richard C. Boldt

No abstract provided.