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Articles 1 - 17 of 17
Full-Text Articles in Law
Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese
Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese
Alan J. Meese
No abstract provided.
Epilogue On Corporate Personhood And Humanity, Meir Dan-Cohen
Epilogue On Corporate Personhood And Humanity, Meir Dan-Cohen
Meir Dan-Cohen
In discussions of corporate criminal liability, the question of corporations' moral personhood often plays a central role. These concluding remarks point out some troubling repercussions of the notion of personhood on our conception of human beings and their moral status. Humanity rather than personhood is proposed as a more appropriate category for grounding humans' dignity and their rights. This way of framing the discussion helps distinguish the proper treatment of humans from that of other subjects, be they corporations or animals.
Black Innocence And The White Jury, Sheri Johnson
Black Innocence And The White Jury, Sheri Johnson
Sheri Lynn Johnson
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea Lyon
Andrea D. Lyon
No abstract provided.
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
Douglas M. Spencer
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the …
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …
Trial Evidence 2011: Advocacy, Analysis, & Illustrations, Martin A. Schwartz, Deborah Jones Merritt, William G. Young
Trial Evidence 2011: Advocacy, Analysis, & Illustrations, Martin A. Schwartz, Deborah Jones Merritt, William G. Young
Martin A. Schwartz
No abstract provided.
2009 Ethical Considerations In Land Use, Patricia E. Salkin
2009 Ethical Considerations In Land Use, Patricia E. Salkin
Patricia E. Salkin
This article is one in a series of annual updates on reported cases and opinions in the area of ethics and land use regulation, A number of themes emerged from the round of litigation in the last year. The most surprising discovery was for a second year in a row, the number of reported cases involving allegations of unethical conduct on the part of land use attorneys. This article reviews these cases, as well as cases involving conflicts based on community involvement, familial relationships, employment and financial interests; and cases involving allegations of bias and prejudgment.
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Notoriously Lousy: Applying The Strickland Test When Defense Counsel Fails To Seek To Avoid The Imposition Of Collateral Consequences, Alfredo Vasquez
Notoriously Lousy: Applying The Strickland Test When Defense Counsel Fails To Seek To Avoid The Imposition Of Collateral Consequences, Alfredo Vasquez
Alfredo Vasquez
From the 1970s through the early 2000s, plea bargains resolved the vast majority of criminal cases in the United States. While the number of guilty pleas has been consistently high, the number of collateral consequences flowing from criminal convictions has increased. The Supreme Court imposed some regulation on guilty pleas during the last part of the 1960s but it was not until its decision in Padilla v. Kentucky in 2010 that the Court began regulating defense counsel’s duties towards his client during plea negotiations. The Court so far has limited its rulings to immigration consequences in Padilla, and the attorney-client …
The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein
The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas Schweitzer
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas Schweitzer
Thomas A. Schweitzer
No abstract provided.
Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter
Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter
Susanne Bruyère
This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of new brochures, have been funded by Cornell’s Program on Employment and Disability, the …
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Susanne Bruyère
In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …
Working Effectively With People With Attention Deficit/ Hyperactivity Disorder, Eve W. Tominey, Matthew Tominey, Susanne M. Bruyere
Working Effectively With People With Attention Deficit/ Hyperactivity Disorder, Eve W. Tominey, Matthew Tominey, Susanne M. Bruyere
Susanne Bruyère
This brochure on People with Attention Deficit/Hyperactivity Disorder and the Americans with Disabilities Act (ADA) is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of …
Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter
Reasonable Accommodation Under The Ada, Barbara A. Lee, Sheila D. Duston, Susanne M. Bruyere, Elizabeth Reiter
Susanne Bruyère
This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, SPHR, Director, Program on Employment and Disability, School of Industrial and Labor Relations – Extension Division, Cornell University. Cornell University was funded in the early 1990’s by the U.S. Department of Education National Institute on Disability and Rehabilitation Research as a National Materials Development Project on the employment provisions (Title I) of the ADA (Grant #H133D10155). These updates, and the development of new brochures, have been funded by Cornell’s Program on Employment and Disability, the …
Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit
Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit
Robert L. Hayman
No abstract provided.