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

Law Commons

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

Legal Studies

2004

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 78

Full-Text Articles in Law

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan Dec 2004

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis ...


Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan Dec 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan Nov 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Law, Economics, And The Theory Of The Firm, Michael J. Meurer Jul 2004

Law, Economics, And The Theory Of The Firm, Michael J. Meurer

Buffalo Law Review

No abstract provided.


Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas Jun 2004

Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas

Faculty Scholarship at Penn Law

Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The ...


Pleas' Progress, Stephanos Bibas May 2004

Pleas' Progress, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber Apr 2004

Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber

Buffalo Law Review

No abstract provided.


The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas Apr 2004

The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas

Buffalo Law Review

No abstract provided.


Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus Mar 2004

Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus

Brigham Young University Journal of Public Law

No abstract provided.


Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower Mar 2004

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower

Brigham Young University Journal of Public Law

No abstract provided.


Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach Feb 2004

Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach

Human Rights & Human Welfare

A review of:

Human Rights: Concept and Context by Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp.


Reflections On The Art Of Mentoring, Richard Leiter Jan 2004

Reflections On The Art Of Mentoring, Richard Leiter

The Marvin and Virginia Schmid Law Library

I know that there are probably many articles on the subject of mentoring. Many of these articles have been written by colleagues, or recognized experts in the field of management. However, I have not read these articles and in advance I apologize for not reading them all or using them as references in the following essay. I come from a school of thought about management that believes that good managers are not made. They are born. This is not to say that we can't learn things about management. The fact is, we learn a great deal from others when ...


Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear Jan 2004

Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2004

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Respect And Equality: Transsexual And Transgender Rights, Stephen Whittle Jan 2004

Respect And Equality: Transsexual And Transgender Rights, Stephen Whittle

Center for LGBTQ Studies (CLAGS)

The problem of who I legally am in the world I live in has been vexatious throughout my adult life. Like other transsexual people worldwide, I face an inadequate legal framework in which to exist. Some of us live within states and nations that recognise the difficulties and attempt to provide a route way through the morass of problems that arise; others barely, if not at all, even acknowledge our being. We are simply 'not' within a world that only permits two sexes, only allows two forms of gender role, identity or expression. Always falling outside of the 'norm,' our ...


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2004

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: You Are Entering A Gay And Lesbian Free Zone: On The Radical Dissents Of Justice Scalia And Other (Post-) Queers - [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard E. Harcourt Jan 2004

Foreword: You Are Entering A Gay And Lesbian Free Zone: On The Radical Dissents Of Justice Scalia And Other (Post-) Queers - [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard E. Harcourt

Journal of Criminal Law and Criminology

No abstract provided.


The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu Jan 2004

The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu

Journal of Criminal Law and Criminology

No abstract provided.


Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff Jan 2004

Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff

Journal of Criminal Law and Criminology

No abstract provided.


Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi Jan 2004

Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi

Law Faculty Scholarship

Bryan Harris, MA (Oxon), passed away recently in his beloved native England, after a brief illness. His wife Mary, two sons and a daughter survive him. Bryan Harris had a long and distinguished career as an author, educator, barrister, diplomat, publisher and lobbyist. He was a consultant on European Union policies and laws to commercial and professional firms and associations. For almost three decades he was a Member of the Board of Trustees and Adjunct Professor of European Union Law at Pierce Law. Pierce Law President and Dean, John Hutson summed up what many members of the Pierce Law community ...


The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas Jan 2004

The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick Jan 2004

Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick

Faculty Scholarship at Penn Law

No abstract provided.


Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman Jan 2004

Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson Jan 2004

Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson

Journal of Criminal Law and Criminology

No abstract provided.


Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes Jan 2004

Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes

Journal of Criminal Law and Criminology

No abstract provided.


Kaupp V. Texas: Breathing Life Into The Fourth Amendment, Denise Robinson Jan 2004

Kaupp V. Texas: Breathing Life Into The Fourth Amendment, Denise Robinson

Journal of Criminal Law and Criminology

No abstract provided.


The Paradox Of Private Policing, Elizabeth E. Joh Jan 2004

The Paradox Of Private Policing, Elizabeth E. Joh

Journal of Criminal Law and Criminology

No abstract provided.


Ua12/8 Annual Crime Awareness & Campus Security Report, Wku Police Jan 2004

Ua12/8 Annual Crime Awareness & Campus Security Report, Wku Police

WKU Archives Records

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports. Includes statistics on the types of crimes which were reported from 2001-2003.


Queering Legal Education: A Project Of Theoretical Discovery, Kim Brooks, Debra Parkes Jan 2004

Queering Legal Education: A Project Of Theoretical Discovery, Kim Brooks, Debra Parkes

Articles, Book Chapters, & Popular Press

The article has two parts. Part II discusses the materials we reviewed to inform the development of a queer legal pedagogy. In particular, it examines the categories of queer legal scholarship and highlights the contributions of other outsider scholars to legal education debates. Early in our research, we found limited material on queer legal pedagogy, and we discovered nothing that posited a theoretical approach. We did, however, find rich resources written by other outsiders to law from which some design principles for queer legal pedagogy might be drawn. We should note at the outset that our goal in this Part ...


Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach Jan 2004

Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach

Faculty Scholarship at Penn Law

No abstract provided.