Law Commons^™

Toxic Victim Compensation, A. James Barnes

Articles by Maurer Faculty

No abstract provided.

The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel

Articles by Maurer Faculty

This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their impact, …

"It's My Party And I'Ll Cry If I Want To": State Intrusions Upon The Associational Freedoms Of Political Parties -- Democratic Party Of The United States V. Wisconsin Ex Rel. La Follette, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

The Coase Theorem And The Psychology Of Common-Law Thought, Donald H. Gjerdingen

Articles by Maurer Faculty

The Coase Theorem is a simple proposition-in the absence of transaction costs, a Pareto optimal result will occur regardless of the initial placement of legal liability. Despite this apparent simplicity, however, Coase's economic parable has provoked intense debate in the legal community. Why does the theorem grate on the hardened intuitions of so many lawyers? The thesis of this Article is that a connection exists between the adoption or rejection of a given school of legal thought and the use of certain psychological constructs. Specifically, this Article argues that the constructs underlying the Coase Theorem are incompatible with those underlying …

The Relevance Of Statistics To Prove Discrimination: A Typology, Julia C. Lamber, Barbara Reskin, Terry Dworkin

Articles by Maurer Faculty

No abstract provided.

Federal Injunctions And The Public Interest, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Book Review. History Of Legal Education, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

The Arkansas Colonial Legal System, 1686-1766, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel

Articles by Maurer Faculty

No abstract provided.

Rethinking The Legal Profession's Approach To Collective Self-Improvement: Competence And The Consumer Perspective, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Equitable Adjustments: A Survey And Analysis Of Precedents And Practice, Michael D. Carrico, John T. Bondurant

Articles by Maurer Faculty

No abstract provided.

Gender And Crime: Offense Patterns And Criminal Court Sanctions, Ilene H. Nagel, John Hagan

Articles by Maurer Faculty

The relation between gender and criminality is strong, and is likely to remain so. Women have traditionally been much less likely than men to commit violent crimes, and that pattern persists today. Rates of female involvement in some forms of property crime-notably petty theft and fraud-appear to be increasing. However, while the relative increase in women's property crime involvement is significant, female participation even in these crimes remains far less than that of men.

The relation of gender to case processing decisions in the criminal justice system varies from stage to stage. Although the pertinent literature is plagued by methodological …

Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

The Professional School As A Focus For Clinical Education, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Book Review. The Professionalization Of The English County Courts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Book Review. How Consumer Remedies Fail, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Biblical Atonement And Modern Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Presidential Immunity From Civil Liability, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

Honoring Judge Tuttle's Vision Of The Law, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

The Deep Structure Of Capital Gains, William D. Popkin

Articles by Maurer Faculty

The capital gains preference has been viewed as a means by which taxpayers are spared being taxed fully in a single year for income earned over a number of previous years. This Article argues that the tax preference for capital gains was intended to provide economic incentives by encouraging transferability, risk, and investment, not to achieve equity by a crude form of income averaging. This Article critically evaluates judicial doctrine in light of these economic policies and concludes that courts have not effectively bridged the gap between policy and the statutory language and structure. The author explains how the tax …

The Exclusionary Rule In Germany, Craig M. Bradley

Articles by Maurer Faculty

The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …

The Relevance Of Premarital Cohabitation To Property Division Awards In Divorce Proceedings: An Evaluation Of Present Trends And A Proposal For Legislative Reform, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.

U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher

Articles by Maurer Faculty

Migration from Cuba to the United States since Castro assumed power, and the haracterization of those leaving as refugees, have been strongly affected by U.S. foreign policy concerns. During the 1959-62 migration wave, particularly prior to the failure of the Bay of Pigs invasion, Cubans were welcomed as temporary exiles, likely to topple Castro and return home. The second major migration wave began in 1965, in the midst of a U.S. campaign for systematically isolating and economically depriving Cuba and its citizens. When thousands of those citizens left Cuba, primarily to improve their economic circumstances and rejoin family members, they …

Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan

Articles by Maurer Faculty

Combining elements of “response as outcome” studies and “response as process” studies overcomes deficiencies resulting from methodological bifurcation, improves our understanding of court outcomes, and leads to theoretical transformation. Using observational and in-depth interview data to inform hypotheses and to create contextual variables, we develop and test models of the pretrial release decision for federal defendants. These models suggest that the emphasis in outcome research on defendants' ascribed status characteristics has been exaggerated. It is asserted that too little attention has been devoted to processual factors, including labeling, and to jurisdictional and organizational factors determining court outcomes.