Law Commons^™

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein

Richard Daniel Klein

No abstract provided.

Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine

Samuel J. Levine

Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …

Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine

Samuel J. Levine

Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.

In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …

When Juveniles Face Questioning, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.

Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber

Diane Webber

The paper examines current methods of preventive detention in the United States, that is the detaining of a suspect on home soil to prevent a terrorist attack. This paper looks at two recent events: the Fort Hood shootings and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. I demonstrate that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible …

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

David C. Gray

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …

Death Penalty Cases Impose Singular Burden, Judith L. Ritter, Ross Kleinstuber

Judith L Ritter

No abstract provided.

Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.

A Criminal Justice System That Works, Alan E. Garfield

Alan E Garfield

No abstract provided.

The Construction Of Responsibility In The Criminal Law, Richard C. Boldt

Richard C. Boldt

No abstract provided.

A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt

Richard C. Boldt

No abstract provided.

Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt

Richard C. Boldt

No abstract provided.

Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt

Richard C. Boldt

No abstract provided.

Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt

Richard C. Boldt

No abstract provided.

The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt

Richard C. Boldt

No abstract provided.

The Prosecution Of Child Sexual Abuse In Idaho: July 1, 2006 - June 30, 2007, Robert L. Marsh, Steven Patrick, Ted Hopfenbeck, Beth Doane, Nate Hopfenbeck, Michelle Morrison

Robert L. Marsh

House Bill 362, passed in 1989 (adding section 67-1405 to the Idaho Code), expanded the Attorney General's duties to require preparation of an annual report to be submitted to the legislature reporting the incidence of felony child sex abuse charges filed in adult and juvenile courts in the state. A research team from Research, Training, and Evaluation Associates worked in conjunction with the Offices of the Governor and the Attorney General to collect data and prepare the report to comply with this legislation. This team has collected data for the past seventeen reports. Specifically, data were collected on site on …

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts, …

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …

Silent At Sentencing: Waiver Doctrine And A Capital Defendant's Right To Present Mitigating Evidence After Schriro V. Landrigan, Dale E. Ho

Dale E Ho

The consideration of mitigating evidence—evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case—has been deemed a “constitutionally indispensable” feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to death without the consideration of any mitigating evidence whatsoever. Landrigan’s trial counsel failed to uncover substantial evidence of Landrigan’s history of severe physical and sexual abuse as a child, and of the possible biological effects of his mother’s alcohol and drug abuse. Every member of the Ninth Circuit en banc panel considering his case deemed his counsel’s …

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …

Australian Social Security Crimes : Basic Concepts And Understandings For Non-Legal Practitioners, Chuen-Tat Kang

Kang Chuen Tat (江俊达)

Social security crimes could be committed intentionally or unintentionally by the claimant. Those who were facing charges by the plaintiff of Commonwealth Australian government Director of Public Prosecution (DPP) could experienced certain degree of anxiousness if without sufficient legal knowledge to understand the basic human rights available to defend oneself from being accused in law court. Limitation of legal assistance from the community legal centers would encourage do-it-yourself independent legal studies habit, where the defendant may need to prove the absence of dishonesty in the crime commitment. The article provides basic information on the social security crimes for those non-legal …

Running With United States V. Totaro: Should Divorce Law Preserve Innocent Non-Owner Spouses’ Rights In Property Subject To Federal Criminal Forfeiture?, Matthew Jordan Cochran

Matthew Jordan Cochran

In United States v. Totaro, the Eighth Circuit called for an application of New York divorce law in dividing between the government's interest and that of the innocent Adrienne Totaro in property subjected to forfeiture by her husband's RICO offenses. Adrienne owned legal title to a portion of the property. But shouldn't the law also protect innocent spouses who do not hold title?

By requiring judges to give weight to the marital contributions of the homemaker spouse and not just the breadwinner, equitable distribution and community property regimes in most states address the hardship historically imposed on women by …

An Inconvenient Truth: Legal Implications Of Errors In Breath Alcohol Analysis Arising From Statistical Uncertainty, Ian R. Coyle, David Field, Graham A. Starmer

David Field

The general practice in courts throughout Australia is to accept without question the accuracy of what are popularly referred to as 'breathalysers', or breath analysis instruments as they are legally described. The possibility that they might be providing false readings is only considered if that possibility is raised as a matter of evidence by a motorist who has been breathalysed, and who now faces the prospect of legal sanctions as a result of what it is alleged was revealed by the breath analysis instrument. In this article, it is argued that the methodological and statistical bases for such an assumption …

Allshouse V. Pennsylvania, Brief Of The National Association Of Criminal Defense Lawyers, The Pennsylvania Association Of Criminal Defense Lawyers, The Public Defender Association Of Pennsylvania, And The Defender Association Of Philadelphia, As Amici Curiae On Behalf Of Petitioner, Jules Epstein

Jules Epstein

No abstract provided.

Treason As A State Crime, Thomas Wilson Dorr, Ex Parte Dorr, Dean A. Cantalupo

Dean A Cantalupo Esq.

2010 version: For Thomas Wilson Dorr, Treason was a State crime. It is understood by most people that Treason within the United States Constitution is a crime against the national authority, the United States, the Union. Notwithstanding that common understanding, Treason within the United States Constitution is also a State crime, and this is made clear by the plain language of the United States Constitution, as well as many cases of Treason against a State that may be found in the American case reporters. The fundamental textual authority within the Constitution that empowers the United States federal government with legitimate …

Final Report: Submitted To The Honorable Jack Markell, Governor, State Of Delaware: Independent Review Of The Earl Brian Bradley Case, Linda Ammons

Linda L. Ammons

This is the Final Report to the Governor's Office, the Senate Public Safety Committee, the House Public Safety and Homeland Security Committee and Members of the General Assembly detailing the findings of the independent review by Linda L. Ammons, Esq., Associate Provost and Dean of The Widener University School of Law pursuant to Executive Order No. 16, attached hereto as Exhibit B. The genesis of Executive Order No. 16 was the December 16, 2009 arrest of Delaware pediatrician Dr. Earl B. Bradley, who was charged and recently indicted on hundreds of charges alleging that Dr. Bradley had sexually assaulted children …

Treating The Wounds Of Crime (Interview With Hank Shea), Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.

Putting Forfeiture To Work, Sarah M. Buel

SARAH M BUEL

Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting …

Watching Justice Come Alive, Daniel Weiss, Donna M. Hughes Dr.

Donna M. Hughes