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Lincoln Memorial University - Duncan School of Law

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Articles 1 - 20 of 20

Full-Text Articles in Law

Dalla Traccia Di Sangue All'identikit Facciale, Charles E. Maclean Mar 2015

Dalla Traccia Di Sangue All'identikit Facciale, Charles E. Maclean

Charles E. MacLean

Assessment of dilemmas inherent in using DNA phenotyping methods to generate a physical likeness of a crime suspect based only on DNA shed at the crime scene.


Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman Aug 2014

Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman

Sydney A. Beckman

In 1917 Harry Houdini performed a single, yet incredible, illusion; “[u]nder the bright spotlights of New York’s Theatre Hippodrome, he made a live elephant disappear.” In 1983 David Copperfield made the Statue of Liberty Disappear in front of both a live and a national television audience. To be sure, neither the elephant nor Lady Liberty actually disappeared. But from the perspective of the audience they did, indeed, disappear. So which is correct? Did they, or didn’t they?

Trial Lawyers and Magicians share many of the same talents and skills. Misdirection, misinformation, selective-attention, ambiguity, verbal manipulation, body language interpretation, and physical …


Katz On A Hot Tin Roof: The Reasonable Expectation Of Privacy Is Rudderless In The Digital Age Unless Congress Continually Resets The Privacy Bar, Charles E. Maclean Jan 2014

Katz On A Hot Tin Roof: The Reasonable Expectation Of Privacy Is Rudderless In The Digital Age Unless Congress Continually Resets The Privacy Bar, Charles E. Maclean

Charles E. MacLean

The Katz reasonable expectation of privacy doctrine has lasting relevance in the digital age, but that relevance must be carefully and clearly guided in great detail by Congressional and state legislative enactments continually resetting the privacy bar as technology advances. In that way, the Katz “reasonableness” requirements are actually set by the legislative branch, thereby precluding courts from applying inapposite analogies to phone booths, cigarette packs, and business records. Once legislation provides the new contours of digital privacy, those legislative contours become the new “reasonable.”

This article calls upon Congress, and to a lesser extent, state legislatures, to control that …


The Governance Ecology Of Electronic Food Stamp Delivery: Is It Time For A New Praxis?, Stephen C. Wilks Jan 2014

The Governance Ecology Of Electronic Food Stamp Delivery: Is It Time For A New Praxis?, Stephen C. Wilks

Stephen Wilks

No abstract provided.


A Tale Of Two Countries: Examining The Regulation Of Prosecutorial Discretion And Misconduct In Canada And The United States, Stephen C. Wilks, Charles E. Maclean Jan 2014

A Tale Of Two Countries: Examining The Regulation Of Prosecutorial Discretion And Misconduct In Canada And The United States, Stephen C. Wilks, Charles E. Maclean

Stephen Wilks

No abstract provided.


Keeping Arrows In The Quiver: Mapping The Contours, Stephen C. Wilks Jan 2013

Keeping Arrows In The Quiver: Mapping The Contours, Stephen C. Wilks

Stephen Wilks

No abstract provided.


Assessing For The Future, Gordon R. Russell, Joshua J. Pluta Jan 2013

Assessing For The Future, Gordon R. Russell, Joshua J. Pluta

Joshua J Pluta

No abstract provided.


Stolen Valour Act, Richard Gaines Nov 2012

Stolen Valour Act, Richard Gaines

Richard Gaines

No abstract provided.


People V. Diaz: Technology As Hare; Constitutional Jurisprudence As Tortoise, Charles E. Maclean Oct 2011

People V. Diaz: Technology As Hare; Constitutional Jurisprudence As Tortoise, Charles E. Maclean

Charles E. MacLean

No abstract provided.


Jane Pryback, "Judge In Jury Room Is Found To Be Harmless Error", Charles E. Maclean Jul 2011

Jane Pryback, "Judge In Jury Room Is Found To Be Harmless Error", Charles E. Maclean

Charles E. MacLean

No abstract provided.


"Caylee's Law" May Come To Tennessee, Charles E. Maclean Jul 2011

"Caylee's Law" May Come To Tennessee, Charles E. Maclean

Charles E. MacLean

No abstract provided.


Knox County Judge Baumgartner Expected To Go Before Judge, Charles E. Maclean Mar 2011

Knox County Judge Baumgartner Expected To Go Before Judge, Charles E. Maclean

Charles E. MacLean

No abstract provided.


Unfettered Public Access To Electronic Arrest Records Disproportionately And Discriminatorily Harms Communities Of Color, Charles E. Maclean Nov 2010

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

Charles E. MacLean

No abstract provided.


The Csi Effect (Co-Authored With Thomas Gort), Charles E. Maclean Apr 2009

The Csi Effect (Co-Authored With Thomas Gort), Charles E. Maclean

Charles E. MacLean

No abstract provided.


Little Girls Lost: Can The International Community Protect Girl Soldiers?, Jordan A. Gilbertson Jan 2008

Little Girls Lost: Can The International Community Protect Girl Soldiers?, Jordan A. Gilbertson

Jordan A. Gilbertson

The use of children as soldiers in international and internal conflict in developing nations has a long history. It is only recently that the plight of these children has come to the international legal community's attention. This article sheds light on the particularized plight of female child soldiers and analyzes whether the current legal climate is doing enough to protect these little girls lost.


Cross Examination For Prosecutors: Crafting Cross With Impact, Charles E. Maclean Aug 2006

Cross Examination For Prosecutors: Crafting Cross With Impact, Charles E. Maclean

Charles E. MacLean

No abstract provided.


Sperm, Egg, And A Petri Dish: Unveiling The Underlying Property Issues Surrounding Cryopreserved Embryos, Laura Hash Jan 2006

Sperm, Egg, And A Petri Dish: Unveiling The Underlying Property Issues Surrounding Cryopreserved Embryos, Laura Hash

Laura Hash

No abstract provided.


The Basics Of Drafting And Obtaining Search Warrants, Charles E. Maclean Aug 2005

The Basics Of Drafting And Obtaining Search Warrants, Charles E. Maclean

Charles E. MacLean

No abstract provided.


Implementing Virtual Reference: Hollywood Technology In Real Life, Ray Balleste, Gordon R. Russell Apr 2003

Implementing Virtual Reference: Hollywood Technology In Real Life, Ray Balleste, Gordon R. Russell

Gordon R. Russell

No abstract provided.


Prosecutorial Ethics: Private Decision Making In The Very Public Practice Of Law, Charles E. Maclean Nov 2001

Prosecutorial Ethics: Private Decision Making In The Very Public Practice Of Law, Charles E. Maclean

Charles E. MacLean

No abstract provided.