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Articles 1 - 14 of 14
Full-Text Articles in Law
Presumed Guilty, Terrence Cain
Presumed Guilty, Terrence Cain
Faculty Scholarship
It would probably surprise the average American to learn that prosecutors need only prove guilt beyond a reasonable doubt sometimes. Although the Due Process Clauses of the Constitution require that the government prove each element of an alleged criminal offense beyond a reasonable doubt, the use of statutory presumptions has relieved the government of this responsibility, and in some cases, has even shifted the burden to the defendant to disprove the presumption. Likewise, the Sixth Amendment grants a criminal defendant the right to have the jury and the jury alone determine whether the government has met its burden and ultimately …
Challenging Judicial Notice Of Facts On The Internet Under Federal Rule Of Evidence 201, Coleen M. Barger
Challenging Judicial Notice Of Facts On The Internet Under Federal Rule Of Evidence 201, Coleen M. Barger
Faculty Scholarship
No abstract provided.
Reclaiming Copyright From The Outside In: What The Downfall Hitler Meme Means For Transformative Works, Fair Use, And Parody, Aaron Schwabach
Reclaiming Copyright From The Outside In: What The Downfall Hitler Meme Means For Transformative Works, Fair Use, And Parody, Aaron Schwabach
Faculty Scholarship
¶Continuing advances in consumer information technology have made video editing, once difficult, into a relatively simple matter. The average consumer can easily create and edit videos, and post them online. Inevitably many of these posted videos incorporate existing copyrighted content, raising questions of infringement, derivative versus transformative use, fair use, and parody.¶ ¶This article looks at several such works, with its main focus on one category of examples: the Downfall Hitler meme. Downfall Hitler videos take as their starting point a particular sequence - Hitler's breakdown rant - from the 2004 German film Der Untergang [Downfall in the US]. The …
Junior Seau, Head Trauma, And The Nfl's Concussion Problem, André Douglas Pond Cummings
Junior Seau, Head Trauma, And The Nfl's Concussion Problem, André Douglas Pond Cummings
Faculty Scholarship
By all accounts, Tiaina “Junior” Seau was an extraordinary professional athlete. Seau’s career in the National Football League (“NFL”) spanned two decades as he battled furiously as a linebacker for the San Diego Chargers, Miami Dolphins, and the New England Patriots. His performance on the field of play was exceptional; he was selected to the Pro Bowl twelve times and will most certainly be voted into the NFL Hall of Fame when he becomes eligible in 2015. Despite Seau’s unparalleled career, athletic accomplishments, and financial rewards, he committed suicide on May 2, 2012, at the age of 43, just two …
"Rethinking" Embryo Disposition Upon Divorce, Michael T. Flannery
"Rethinking" Embryo Disposition Upon Divorce, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Lawyer, Know Your Safety Net: A Malpractice Insurance Primer For New And Experienced Lawyers, Lauren Schulz, Michael Hunter Schwartz
Lawyer, Know Your Safety Net: A Malpractice Insurance Primer For New And Experienced Lawyers, Lauren Schulz, Michael Hunter Schwartz
Faculty Scholarship
No abstract provided.
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
Faculty Scholarship
This essay explores whether, how or, perhaps, to what extent President Barack Obama’s time as a constitutional law professor at the University of Chicago is reflected in his approach to judicial appointments. Three things are striking about President Obama’s initial approach to judicial selection. First, he has appointed the most diverse bench of any President. Second, he has appointed judges rather slowly compared to his predecessors. And, finally, he has appointed a rather politically moderate bench. How might these particular and in some ways surprising aspects of President Obama’s judicial appointments reflect – or not reflect – his time as …
Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster
Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster
Faculty Scholarship
No abstract provided.
Western Universalism And African Homosexualties, Nicholas Kahn-Fogel
Western Universalism And African Homosexualties, Nicholas Kahn-Fogel
Faculty Scholarship
This article draws on original historical research, queer theory, communitarian philosophy, and an array of anthropological sources to suggest that efforts by Western liberals to protect practitioners of same-sex intimate conduct in Africa may be relatively unsuccessful and could further endanger the intended beneficiaries of advocacy.
Furman, After Four Decades, J. Thomas Sullivan
Furman, After Four Decades, J. Thomas Sullivan
Faculty Scholarship
Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently, controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …
Crapping Out With Crime Statistics, Robert Steinbuch
Crapping Out With Crime Statistics, Robert Steinbuch
Faculty Scholarship
No abstract provided.
The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster
The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster
Faculty Scholarship
Two recent independent reports have revealed that Arkansas's residential landlord-tenant law is significantly out of balance with that of other states and, moreover, is arguably unconstitutional in part. How did this come about, and why is Arkansas so different?
Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan
Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
A Case For Grade Inflation In Legal Education, Joshua M. Silverstein
A Case For Grade Inflation In Legal Education, Joshua M. Silverstein
Faculty Scholarship
This Article contends that every American law school ought to substantially eliminate C grades by setting its good academic standing grade point average at the B- level. Grading systems that require or encourage law professors to award a significant number of C marks are flawed for two reasons. First, low grades damage students' placement prospects. Employers frequently consider a job candidate's absolute GPA in making hiring decisions. If a school systematically assigns inferior grades, its students are at an unfair disadvantage when competing for employment with students from institutions that award mostly A's and B's. Second, marks in the C …