Law Commons^™

Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article argues that a prosecutor's intent is always relevant to the courts' analysis of misconduct, and that the courts should always consider a prosecutor's intent in determining whether a rule was violated and whether the verdict was prejudiced. Part II of this Article examines the use of the objective test to analyze a prosecutor's trial conduct. Part II offers several reasons courts give for avoiding inquiry into a prosecutor's mental culpability, analyzes those reasons, and concludes that although the application of an objective test is sufficient to correct misconduct in some instances, it does not foreclose application of a …

Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …

The Balanced Budget Amendment And Social Security: An Alternative Means Of Judicial Enforcement, Lior Jacob Strahilevitz

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Agenda: The Practice Of Law As A Vocation Or Calling: Group #3

Fordham Law Review

No abstract provided.

Report Of Working Group #4, Sarice Retrey

Fordham Law Review

No abstract provided.

Bankruptcy Lawyers And The Shape Of American Bankruptcy Law, David A. Skeel, Jr.

Fordham Law Review

No abstract provided.

Definite And Substantial Reliance: Remedying Injustice Under Section 90, Gerald Griffin Reidy

Fordham Law Review

No abstract provided.

Ally Mcbeal And Her Sisters: A Quantitative And Qualitative Analysis Of Representations Of Women Lawyers On Prime-Time Television, Diane Klein

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

30=20: "Understanding" Maximum Sentence Enhancements, Frank R. Herrmann

Buffalo Law Review

No abstract provided.

Barring The Media From The Courtroom In Child Abuse Cases: Who Should Prevail?, Karla G. Sanchez

Buffalo Law Review

No abstract provided.

Being White, Thomas Ross

Buffalo Law Review

Book review of Ian Haney Lopez's White by Law—The Legal Construction of Race

Crafting A Challenge To The Practice Of Drug Testing Welfare Recipients: Federal Welfare Reform And State Response As The Most Recent Chapter In The War On Drugs, Corinne A. Carey

Buffalo Law Review

No abstract provided.

The Irreconcilable Differences Between Ferc's Natural Gas And Electricity Stranded Cost Treatments, John Burritt Mcarthur

Buffalo Law Review

No abstract provided.

Piracy Of Intellectual Property In China And The Former Soviet Union And Its Effects Upon International Trade: A Comparison, Susan Tiefenbrun

Buffalo Law Review

No abstract provided.

Beyond The Americans With Disabilities Act: A National Employment Policy For People With Disabilities, Mark C. Weber

Buffalo Law Review

No abstract provided.

New York City As An Organized Crime Fighter, James B. Jacobs, Alex Hortis

NYLS Law Review

No abstract provided.

La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley

Scholarly Works

A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …

Practitioners' Notes: Evidentiary Presumptions, Keith B. Hall

Journal Articles

No abstract provided.

Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman

Washington and Lee Law Review

No abstract provided.

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Washington and Lee Law Review

No abstract provided.

"Disclose-Or-Abstain" Without Restraint: The Supreme Court Misses The Mark On Rule 14e-3 In United States V. O'Hagan, E. Livingston B. Haskell

Washington and Lee Law Review

No abstract provided.

Is The Supreme Court Ready To Recognize Another Privilege? An Examination Of The Accountant-Client Privilege In The Aftermath Of Jaffee V. Redmond, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.

Student-Athlete Sexual Violence Against Women: Defining The Limits Of Institutional Responsibility, Timothy Davis, Tonya Parker

Washington and Lee Law Review

No abstract provided.

Comments On The 1997 Leo Goodwin Sr Visiting Scholars Program: The Rehnquist Court, Professor Bruce Rogow

Nova Law Review

I had the pleasure of hosting the 1997 Leo Goodwin Sr. visiting

Scholars and attending their presentations to the Law School community.

Our Scholars have different perspectives on the Rehnquist Court, and on the

individual justices.

Executive Branch Advocate V. Officer Of The Court: The Solicitor General's Ethical Dilemma, Drew S. Days Iii

Nova Law Review

It is truly a pleasure to be with you at Nova Southeastern this week. I

want to thank my friends, Dean Joseph Harbaugh and Professor Bruce

Rogow, for all their efforts in making my visit possible.

The Rehnquist Court: Holding Steady On Freedom Of Speech, Tim O'Brien

Nova Law Review

Prior to his elevation to Chief Justice of the United States in 1986,

Associate Justice William Hubbs Rehnquist was not often viewed as a

champion of the First Amendment.

Defining A New Medium Of Communication Under The First Amendment: The Supreme Court Tackles Speech On The Internet In Reno V. American Civil Liberties Union, Jeffrey L. Cox

Nova Law Review

The Internet' has revolutionized the exchange of information by

providing our society with a "new marketplace of ideas."2 As history has

revealed, new methods of communication lead to differences in

opinion.

Sentenced To Life? An Analysis Of The United States Supreme Court's Decision In Washington V. Glucksberg, Nicole Testa

Nova Law Review

In the recent landmark decision of Washington v. Glucksberg,' the

United States Supreme Court upheld a Washington statute criminalizing

assisted suicide for terminally ill patients.

Community Associations, Joseph E. Adams

Nova Law Review

No abstract provided.

Professional Responsibility, Timothy P. Chinaris, Elizabeth Clark Tarbert

Nova Law Review

No abstract provided.