Law Commons^™

Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor

International Bulletin of Political Psychology

The IBPP editor discusses the logic/rationale behind the idea that convicted terrorists facing the death penalty should neither convicted nor face said penalty given that the soldiers are (or consider themselves to be) soldiers in a war.

Economic Espionage Act--Reverse Engineering And The Intellectual Property Public Policy, The, Craig L. Uhrich

Michigan Telecommunications & Technology Law Review

The publicity surrounding[...] incidents of industrial espionage resulted in a push for federal protections. In response to this pressure from U.S. industries, Congress passed the Economic Espionage Act of 1996 ("EEA"). The EEA protects trade secrets through the use of federal criminal sanctions." The EEA's provisions are introduced in Part I. Trade secrets are a form of intellectual property. Therefore, a basic understanding of intellectual property law is important to an analysis of the EEA. Part II of this Article provides an overview of the various forms of intellectual property. To be effective, the EEA must complement existing intellectual property …

Forecasting Life And Death: Juror Race, Religion, And Attitude Toward The Death Penalty, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

Determining whether race, sex, or other juror characteristics influence how capital case jurors vote is difficult. Jurors tend to vote for death in more egregious cases and for life in less egregious cases no matter what their own characteristics. And a juror's personal characteristics may get lost in the process of deliberation because the final verdict reflects the jury's will, not the individual juror's. Controlling for the facts likely to influence a juror's verdict helps to isolate the influence of a juror's personal characteristics. Examining each juror's first sentencing vote reveals her own judgment before the majority works its will. …

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, Frank O. Bowman Iii, Michael Heise

Cornell Law Faculty Publications

This is the first of two articles, the second of which will appear in January 2002 edition of the Iowa Law Review, in which we seek an explanation for the little-noticed and hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations has been declining steadily since 1991-92.

According to figures maintained by the Administrative Office of the United States Courts, in the eight years between 1991 and 1999, the average federal drug sentence decreased from 95.7 months to 75.2 months, a drop of 22%, or nearly two years, per defendant. United States …

Essential Elements, Nancy J. King, Susan R. Klein

Vanderbilt Law Review

For well over a century the United States Supreme Court has debated who has final authority to define what is a "crime" for purposes of applying the procedural protections guaranteed by the Constitution in criminal cases. After numerous shifts back and forth from judicial to legislative supremacy,' the Court has settled upon a multi-factor analysis for policing the criminal-civil divide, an analysis that permits courts to override legislative intent to define an action as civil in the rare case where the action waddles and quacks like a crime. This tug-of-war over the finality of legislative labels in defining crime and …

"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry F. Colb

Cornell Law Faculty Publications

In virtually every jurisdiction in the United States, the law of evidence prohibits parties from offering proof of an individual's general character traits to suggest that, on a specific occasion, the individual behaved in a manner consistent with those traits. In a criminal trial in particular, the law prohibits a prosecutor's introduction of evidence about the defendant's character as proof of his guilt. In this Article, Professor Colb proposes that the exclusion of defendant character evidence is appropriate in one category of cases but inappropriate in another. In the first category, which Professor Colb calls "whodunit" cases, the parties agree …

Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd

Michigan Law Review

Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …

Ever The Twain Shall Meet, Fred S. Mcchesney

Michigan Law Review

Instinctively, corruption is deplorable. Nobody likes private citizens paying governmental officials for special favors. Few have deplored corruption longer or in greater detail than economist Susan Rose-Ackerman. In Corruption and Government, Professor Rose-Ackerman discusses how corruption starts ("causes"), why it is bad ("consequences"), and how to stop it ("reform"), principally from an economic perspective. Professor Rose-Ackerman's interest in corruption derives partly from her outside work with international agencies, especially time spent at the World Bank - "a transformative experience" (p. xi). Her twenty-two page bibliography ranges across sources in economics and politics, plus many documents from the World Bank and …

Are We Protecting The Wrong Rights?, Jennifer L. Saulino

Michigan Law Review

Elizabeth Bartholet, in her book Nobody's Children, takes a strong step toward beginning a new kind of dialogue about abused and neglected children. She positions herself as a liberal who has come to terms with the fact that traditional liberal ideals are in conflict with the needs of abused and neglected children (p. 5). In doing so, she tries to convince her readers that, regardless of ideology, we all should have a different focus in the area of child abuse and neglect law. She uses Sabrina as one of several examples of how programs for abused and neglected children that …

Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich

All Faculty Scholarship

The criminal justice pendulum may be swinging back in the direction of fairness. The Innocence Protection Act of 2001, introduced in both the Senate and the House of Representatives earlier this year, promises meaningful reforms in the administration of capital punishment in the United States.

Unlike previous slabs at reform, the Innocence Protection Act (lPA) has a real chance to become law because it commands unusually broad bipartisan support. The Senate bill (S. 486) is sponsored by Democrat Pat Leahy of Vermont and Republican Gordon Smith of Oregon. The House bill (H.R. 912) is sponsored by Democrat Bill Delahunt of …

Disarming Canadians, And Arming Them With Tolerance: Banning Firearms And Minimum Sentences To Control Violent Crime--An Essay On An Apparent Contradiction, Helene Dumont

Osgoode Hall Law Journal

In an article published in French in 1997, the author offered reflections on feminism and criminal law that would allow for a better control of violent crime, without Parliament having to resort to excessively severe sentences. In this respect, she argued that there was no contradiction in supporting the radical ban of firearms in Canada, while opposing a minimum sentence of four years under the Firearms Act, which currently affects approximately ten serious Criminal Code offences. After setting out her position in favour of the "disarmament" of Canadians, the author argued that minimum sentences of four years were unconstitutional. Such …

No-Merit Briefs Undermine The Adversary Process In Criminal Appeals, Randall L. Hodgkinson

The Journal of Appellate Practice and Process

Appellate defense attorneys face a dilemma when faced with an appeal that has no obvious merit. No-merit briefs allow an attorney to forego an appeal when there is no apparent merit. In cases involving direct appeals from conviction, the cost of abandonment of the client far outweighs the benefits.

Make Way For The Aba: Smith V. Robbins Clears A Path For Anders Alternatives, James E. Duggan, Andrew W. Moeller

The Journal of Appellate Practice and Process

Indigents appealing criminal convictions are entitled to court-appointed counsel. The American Bar Association suggests a standard for providing the required representation. This standard is known as the Idaho Rule.

When Reasonable Jurists Could Disagree: The Fifth Circuit's Misapplication Of The Frivolousness Standard, Brent E. Newton

The Journal of Appellate Practice and Process

A criminal appeal that is deemed frivolous is summarily dismissed without further judicial consideration. The frequency of findings of frivolousness in the Fifth Circuit has caused concern among appellate practitioners and has even led to sanctions against practitioners. This article analyzes the Fifth Circuit’s frivolousness standard.

Criminal Law—Statutes Of Limitation On Sexual Assault Crimes: Has The Availability Of Dna Evidence Rendered Them Obsolete, Amy Dunn

University of Arkansas at Little Rock Law Review

No abstract provided.

Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler

Campbell Law Review

Are thousands of North Carolinians violating federal criminal law every day without knowing it even though such violations may subject them to imprisonment for up to ten years and a fine of up to $250,000? Ignorance of the law is generally held not to excuse criminal conduct, but can such ignorance ever be so reasonable and predictable as to constitute a legitimate excuse? Are some laws so obscure, technical, counter-intuitive, or hard to discover that ignorance of the law will be a defense?

A New Legal Realism For Criminal Procedure, Robert Weisberg

Buffalo Law Review

Book review of Marc L. Miller & Ronald F. Wright's Criminal Procedure: Cases, Statutes, and Executive Materials

Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff

Articles in Law Reviews & Other Academic Journals

The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike.

Rethinking The Sentencing Regime For Murder, Isabel Grant

Osgoode Hall Law Journal

This article reviews the current sentencing regime for the crime of murder in Canada with a view to identifying its shortcomings and suggesting possibilities for improvement. The article argues that the existing classification of murder into first- and second-degree, and the harsh periods of parole ineligibility attached to a murder conviction should both be abolished. The author argues for a compromise position, which would maintain the important distinction between manslaughter and murder and yet allow sufficient flexibility for trial judges to ensure that sentences for murder, as with other crimes, can be tailored to fit the crime.

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

The Article begins with an examination of three primarily empirical questions. First, is the trend real? In other words, is the apparent decrease in federal drug sentences merely a species of statistical hiccup, a random fluctuation that could move easily and rapidly in the other direction? Or is the decline in average drug sentences large enough, and the trend prolonged enough, that we can safely conclude that something meaningful is occurring?

Professionalism Lost: Where Have You Gone Atticus Finch? Our Nation Turns Its Lonely Eyes To You..., Beau James Brock

Beau James Brock

Attorney are only, as a group, what the public preceives us to be. Whether that be as knights in shining armor or as something far less noble.

Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the nuances surrounding the use of the death penalty in terrorism cases.

Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde

Duke Law & Technology Review

The Yahoo! auction case illustrates the problems inherent in the lack of a common Internet jurisdictional structure. This iBrief argues that the application of local law allowed France to win a victory against domestic hate groups, but dealt a blow to free speech everywhere.

School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis

Brigham Young University Education and Law Journal

No abstract provided.

Women Defenders In The West, Barbara Allen Babcock

Nevada Law Journal

No abstract provided.

Female Gangs: A Focus On Research, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Keeping Children Safe: Ojjdp's Child Protection Division, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Choosing And Using Child Victimization Questionnaires, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Anticipating Space Needs In Juvenile Detention And Correctional Facilities, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.