Law Commons^™

Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate

Faculty Publications

"Get tough" control policies in the United States are often portrayed as the reflection of the public's will: Americans are punitive and want offenders locked up. Research from the past decade both reinforces and challenges this assessment. The public clearly accepts, if not prefers, a range of punitive policies (e.g., capital punishment, three-strikes-and-you're-out laws, imprisonment). But support for get-tough policies is "mushy." Thus citizens may be willing to substitute a sentence of life imprisonment without parole for the death penalty. Especially when nonviolent offenders are involved, there is substantial support for intermediate sanctions and for restorative justice. Despite three decades …

Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf

Faculty Publications

On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.

International Institutions, Michael P. Scharf, John Knox, Michelle Mulvena, Chris Potter, Tracy Sund

Faculty Publications

No abstract provided.

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Ethical Challenges To Legal Education And Conduct, James E. Moliterno

Faculty Publications

No abstract provided.

Why Formalism?, James E. Moliterno

Faculty Publications

No abstract provided.

Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins

Faculty Publications

No abstract provided.

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Faculty Publications

No abstract provided.

Regret And Contract "Science", Peter A. Alces

Faculty Publications

No abstract provided.

Bakke Betrayed, Alan J. Meese

Faculty Publications

No abstract provided.

An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

The Timing Of Opinion Formation By Jurors In Civil Cases: An Empirical Examination, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Faculty Publications

Although researchers have thoroughly examined juror decision making in laboratory experiments, the point at which jurors form opinions in actual jury trials remains cloaked in mystery. Recently, however, that cloak was lifted enough to provide a glimpse at the timing of juror opinion formation. The opportunity to do so came in conjunction with an evaluation of a jury reform procedure implemented in Arizona civil trials in 1995. Data collected for the evaluation included the responses of 1,385 jurors from 172 civil trials concerning when they began to form opinions about the case, whether and when they changed their minds about …

How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins

Faculty Publications

No abstract provided.

Clinton, William Jefferson (1946- ), Neal Devins

Faculty Publications

No abstract provided.

Adr, The Judiciary And Justice: Coming To Terms With The Alternatives, Erin Ryan

Faculty Publications

No abstract provided.

Symposium Presentation: Doing Internet Co-Branding Agreements, Eric Goldman

Faculty Publications

Co-brand agreements are what I do. I am the self-titled "King of CoBrands," as this is what I've been doing with my life.

So, let's talk a little about co-branding agreements and about why they might matter. First let's define our terms.

Now, where there used to be one site, the provider site, there will be two sites, the provider site and co-branded site, which contains the branding of the portal, but contains all the same functionality, or similar functionality, as is in the provider's site.

Then the portal will drive traffic to this co-branding site, for purposes that we'll …

Understanding Internet Co-Branding Deals, Eric Goldman, Candice Lee

Faculty Publications

The Internet has spawned new business practices regarding the ways users access and obtain information and services. Because linking can create a network of web pages that appear integrated and seamless to users, many Internet companies enter what are known as co-branding relationships. This article addresses a common type of co-branding relationship in which a "provider" maintains a set of pages ("the co-branded site") that looks and feels like the "brander's" web site. The co-branded site is promoted on the brander's web site through linking.

Introduction: Tiger Woods And The First Amendment, Tyler T. Ochoa

Faculty Publications

Although the right of publicity has been recognized as a distinct common-law doctrine since 1953, only in recent years have courts begun to take the First Amendment seriously as a limit on the extent to which sports figures and other celebrities can use the doctrine to control the use of their images. It is widely recognized that the government may prohibit false and misleading speech, such as an advertisement that falsely implies an endorsement of a product by an individual, without violating the First Amendment. Similarly, it is generally acknowledged that the First Amendment protects the depiction of celebrities in …

Law, Ethics, And The Good Samaritan: Should There Be A Duty To Rescue?, Kathleen M. Ridolfi

Faculty Publications

The interdependence of law and morality, the circular influences of one on the other, puts us in a position to fear what we want the law to do. We embrace a legal system that promotes morality, that makes better citizens of us, but we worry that the law will cross an elusive line and infringe on individual rights. For this reason we are careful, and should remain so, in limiting enforcement of laws to reflect only those values that emerge from the overall agreement of the community where they will be enforced.

In this paper, I have focused primarily on …

Foundations Of World Order: The Legalist Approach To International Relations, 1898-1922, Pratheepan Gulasekaram

Faculty Publications

No abstract provided.

Product Outlaw, David G. Owen

Faculty Publications

No abstract provided.

"Our Federalism" In The Context Of Federal Courts And Tribal Courts: An Open Letter To The Federal Courts’ Teaching And Scholarly Community, Frank Pommersheim

Faculty Publications

No abstract provided.

Prosecutorial Discretion And Prosecution Guidelines: A Case Study In Controlling Federalization, Michael A. Simons

Faculty Publications

In this Article Michael Simons examines the ways in which the federalization of crime can be controlled. Simons argues that prosecutorial discretion is the most important variable in the federalization process and that controlling prosecutorial discretion is the key to controlling federalization. He presents the Child Support Recovery Act as a model for how prosecution guidelines for federal criminal statutes can provide such control Federalization of criminal child support enforcement has been successful because federal prosecutors have exercised discretion in a manner consistent with the concerns expressed by the bench and the academy about federalization. Simons concludes by exploring how …

"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas Simmons

Faculty Publications

The Americans with Disabilities Act of 1990 prohibits discrimination against and mandates accommodations for individuals with disabilities. As a threshold matter, the Act requires the plaintiff to demonstrate that she is an individual with a disability; that is, that she has an actual disability or is "regarded as" having a disability as the statute defines it. This article discusses the threshold "regarded as" showing as refined by three Supreme Court cases decided in the summer of 1999. Although in the past the "regarded as" definition has often played "second fiddle" to the "actual disability" definition, the author suggests that there …

The Public Forum Doctrine’S "Government Intent Standard:" What Happened To Justice Kennedy?, David Day

Faculty Publications

No abstract provided.

Late Spring Haiku In Rhyme/Haiku For The Birds (Poems), Frank Pommersheim

Faculty Publications

No abstract provided.

How Medication Affects The Existence Of An Ada Disability, Tom Simmons

Faculty Publications

No abstract provided.

Lessons In Leadership From Lincoln The Lawyer, Barry Vickrey

Faculty Publications

No abstract provided.

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Ex Post Facto Clause, Paul C. Giannelli

Faculty Publications

No abstract provided.