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Articles 1 - 9 of 9
Full-Text Articles in Law
Greenlighting American Citizens: Proceed With Caution, Philip Dore
Greenlighting American Citizens: Proceed With Caution, Philip Dore
Louisiana Law Review
No abstract provided.
America's Longest Held Prisoner Of War: Lessons Learned From The Capture, Prosecution, And Extradition Of General Manuel Noriega, Geoffrey S. Corn, Sharon G. Finegan
America's Longest Held Prisoner Of War: Lessons Learned From The Capture, Prosecution, And Extradition Of General Manuel Noriega, Geoffrey S. Corn, Sharon G. Finegan
Louisiana Law Review
No abstract provided.
The Illusion Of Due Process In West Virginia's Property Tax Appeals System: What Illusion?, Steven R. Broadwater
The Illusion Of Due Process In West Virginia's Property Tax Appeals System: What Illusion?, Steven R. Broadwater
West Virginia Law Review
No abstract provided.
A Quest For Fair And Balanced: The Supreme Court, State Courts, And The Future Of Same-Sex Marriage Review After Perry, Chase D. Anderson
A Quest For Fair And Balanced: The Supreme Court, State Courts, And The Future Of Same-Sex Marriage Review After Perry, Chase D. Anderson
Duke Law Journal
Gay rights advocates and social conservatives alike have criticized the Supreme Court for its recent decisions concerning sexual orientation. An examination of those decisions reveals that, taken together, they represent a surprisingly careful balance. The result is a principle of neutrality in which the Court has effectively demanded that states refrain from taking either side in the culture war surrounding sexual orientation. The true test of that neutrality principle will arise when the Court considers the constitutionality of a same-sex marriage ban. Thus far, challenges have taken place in state courts under state constitutions; those judges appear to have been …
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Hofstra Law Review
The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that …
The Psychology Of Trial Judging, Neil Vidmar
The Psychology Of Trial Judging, Neil Vidmar
Faculty Scholarship
Trial court judges play a crucial role in the administration of justice for both criminal and civil matters. Although psychologists have studied juries for many decades, they have paid relatively little attention to judges. Recent writings, however, suggest that there is increasing interest in the psychology of judicial decision making. In this article, I review several selected areas of judicial behavior in which decisions appear to be influenced by psychological dispositions, but I caution that a mature psychology of judging field will need to consider the influence of the bureaucratic court setting in which judges are embedded, judges’ legal training, …
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
West Virginia Law Review
No abstract provided.
Pro-Gun Property Regulation: How The State Of Oklahoma Controls The Property Rights Of Employers Through Firearm Legislation, J. Blake Patton
Pro-Gun Property Regulation: How The State Of Oklahoma Controls The Property Rights Of Employers Through Firearm Legislation, J. Blake Patton
Oklahoma Law Review
No abstract provided.
Due Process In Civil Commitments, Alexander Tsesis
Due Process In Civil Commitments, Alexander Tsesis
Washington and Lee Law Review
In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof. The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistaken evaluations about patients’ likelihood …