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2001

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Articles 7471 - 7500 of 9191

Full-Text Articles in Law

Mandatory Rent Escrowing: Putting The Summary Back In Summary Process, Christopher Paul Ferragamo Jan 2001

Mandatory Rent Escrowing: Putting The Summary Back In Summary Process, Christopher Paul Ferragamo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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A Question Of Intent: The Massachusetts Abuse Protection Order And The Innocent Doer Of Harm, Kostantinos Sofronas Jan 2001

A Question Of Intent: The Massachusetts Abuse Protection Order And The Innocent Doer Of Harm, Kostantinos Sofronas

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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The Evolving Treatment Of Garden-Variety Claims Under The Psychotherapist-Patient Privilege, Ryan M. Gott Jan 2001

The Evolving Treatment Of Garden-Variety Claims Under The Psychotherapist-Patient Privilege, Ryan M. Gott

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Pre-Trial Hurdles In Citizens' Environmental Enforcement Actions, Gayann Barbella Crowe Jan 2001

Pre-Trial Hurdles In Citizens' Environmental Enforcement Actions, Gayann Barbella Crowe

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Using Prior Convictions To Impeach The Credibility Of A Defendant-Witness In Massachusetts - Do We Go Too Far, Marc L. Caine Jan 2001

Using Prior Convictions To Impeach The Credibility Of A Defendant-Witness In Massachusetts - Do We Go Too Far, Marc L. Caine

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Alternative Sentencing: Using The 1997 Amendments To The Individuals With Disabilities Education Act To Keep Children In School And Out Of Juvenile Detention, Mark Peikin Jan 2001

Alternative Sentencing: Using The 1997 Amendments To The Individuals With Disabilities Education Act To Keep Children In School And Out Of Juvenile Detention, Mark Peikin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Click: Do We Have A Deal, James C. Hoye Jan 2001

Click: Do We Have A Deal, James C. Hoye

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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A Picture Is Worth A Thousand Words: The Use Of Graphic Photographs As Evidence In Massachusetts Murder Trials, Julie Rubenstein Jan 2001

A Picture Is Worth A Thousand Words: The Use Of Graphic Photographs As Evidence In Massachusetts Murder Trials, Julie Rubenstein

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Shooting An Elephant - Massachusetts Maintains Reasonable Suspicion: Protecting Individual Privacy During Traffic Stops And Battling Racial Profiling, Colin M. Black Jan 2001

Shooting An Elephant - Massachusetts Maintains Reasonable Suspicion: Protecting Individual Privacy During Traffic Stops And Battling Racial Profiling, Colin M. Black

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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High Income/High Asset Divorce: An Annotated Bibliography, Mary Kay Kisthardt, Nancy Levit Jan 2001

High Income/High Asset Divorce: An Annotated Bibliography, Mary Kay Kisthardt, Nancy Levit

Faculty Works

This bibliography covers articles published after 1995 and A.L.R.s that have supplements published after 1995. In the interest of brevity, A.L.R. collections (the titles of which are usually self-explanatory) and articles concerning individual cases or single state’s statutes are cited but not annotated.

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Just Between Us - Aba Considers New Ethical Rules, Irma S. Russell Jan 2001

Just Between Us - Aba Considers New Ethical Rules, Irma S. Russell

Faculty Works

This article briefly describes one of the proposed rule revisions (Model Rule 1.6) to the Model Rules of Professional Conduct that will be presented to the ABA House of Delegates in July 2001 by the Ethics 2000 Commission.

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Some Philosophical, Political And Legal Implications Of American Archeological And Anthropological Theory, John W. Ragsdale Jr Jan 2001

Some Philosophical, Political And Legal Implications Of American Archeological And Anthropological Theory, John W. Ragsdale Jr

Faculty Works

Archaeological and anthropological theories about the origins and practices of ancient peoples, and about events and histories, distant in time, but blending into the present, have had impacts that transcend the tenets and borders of the sciences as discrete disciplines. Our suppositions about the factual past can influence our present beliefs - not only our understandings and conclusions about the tangible and practical - but our feelings and faiths about the intangible and the spiritual as well. Our values, principles, world views, and cosmologies may thus be shaped by our scientific backdrop. Beyond this, our social activity, our national policy, …

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It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak Jan 2001

It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak

Cleveland State Law Review

Part I will focus on the death penalty in the civilian sector of the United States. It begins with a brief history of and an introduction to death penalty laws in the United States. A critical examination of the primary arguments used to justify the death penalty follows. Part I next offers a brief overview of other independent reasons for the abolition of the death penalty. After having concluded that the application of the death penalty is unfair in the civilian sector and should thus be abolished, the article will then shift its focus to the death penalty in the …

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Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson Jan 2001

Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson

Cleveland State Law Review

This paper provides a framework for understanding the current controversy regarding jurisdiction over the power grid, and provides policy-oriented solutions to ensure an adequate, low-cost transmission supply. The main thesis of this paper is that sound transmission policy requires greater federal power, and that Congress is better equipped than the courts to enact such policy. To this end, Part I of the paper offers an historical outline of the problem and analyzes the statutes and regulations that form the backbone of both the federal and state jurisdictional claims. Part II looks at legal considerations regarding the scope of federal jurisdiction. …

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The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda Morton, Floralynn Einesman Jan 2001

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda Morton, Floralynn Einesman

Cleveland State Law Review

The use of mediation techniques to resolve conflicts among American youth has grown in popularity over the past two decades; Conflict resolution programs have blossomed in school systems, but there has been a dearth of mediation programs for one of our most violent youth groups: incarcerated juveniles. In this article, we describe and analyze the effects and the potential success of our program through the data we have collected. Our article will first describe the objectives and content of our mediation program in Juvenile Hall in San Diego. Relying on sociological and psychological theory in our second section, we will …

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Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk Jan 2001

Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk

Cleveland State Law Review

The three Sheppard cases, spread over almost half a century, serve as a point of departure to explore how the multiple forces of law, science, and the media have interacted in criminal trials and in later challenges to the reliability of those trials. The Sheppard cases have resulted in five enduring legacies. Perhaps the most obvious legacy of the Sheppard cases is the new law the case made when it was heard by the United States Supreme Court on a federal habeas corpus appeal. In Sheppard v. Maxwell, the Court created a new legal standard regarding the effects of pretrial …

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Witness To History: The Role Of Legal Commentators In High Profile Trials - Opening Remarks, Laurie L. Levenson Jan 2001

Witness To History: The Role Of Legal Commentators In High Profile Trials - Opening Remarks, Laurie L. Levenson

Cleveland State Law Review

As legal commentators, our role is, first and foremost, to educate the public and the media. The next thing that a commentator can do is, of course, provide some type of expertise. An experienced lawyer or legal commentator should know enough to say, if given the opportunity, that a certain fact will not necessarily make a difference in the case because the jurors will not hear it or because it is unrelated to the legal issues in the case. Another thing legal commentators can do is address problems in the presentation of what the law and the legal process is. …

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Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma Jan 2001

Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma

Cleveland State Law Review

Why is it important to televise coverage in trials? The basic answer is that our judicial system needs to be as open as possible. There is a reason we do not hold trials in private and a reason we open the courtroom doors and invite in the world. The reason is that justice shines brightest in the sunshine. In today's busy world only a few people can actually attend court proceedings. With so many people relying on television as their primary resource of information, televised coverage of trials exposes greater numbers o f citizens to our justice system. A camera …

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Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence M. Solan Jan 2001

Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence M. Solan

Cleveland State Law Review

Indeed, it is difficult to prove one's innocence, and the legal system purports not to require defendants in criminal cases to do so. The shift in the burden of proof happened for a number of reasons. In this article, I will discuss another factor that I believe pervades the criminal justice system: jury instructions that shift the burden from the government to the defendant. Part II of this article establishes three criteria for good criminal jury instructions. They are fidelity to the law, comprehensibility, and consistency with the presumption of innocence. It then discusses the presumption of innocence, burden of …

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A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson Jan 2001

A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson

Cleveland State Law Review

My own vantage point is that of a trial judge, and for me, revisiting the Sheppard case is a chance to ruminate on the relationship between judges and the media and how judges deal with high profile cases. I will consider that subject, and then meander a little farther along and share a few thoughts about what I call hermetically sealed justice - our modem insistence that judges say nothing and juries know nothing. Finally, I will have a few words to say about DNA evidence and the "reliable verdict" ideal that appears to be one of the propositions to …

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Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli Jan 2001

Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli

Cleveland State Law Review

My panel is discussing reliable jury verdicts, and my topic is "scientific" evidence. One way to approach this issue is to compare scientific evidence with other methods of proof. The trial lawyers that I worked with viewed cases as falling primarily into one of three categories: eyewitness cases, confession cases, and "scientific" evidence cases. In this scheme, anything that was not an eyewitness, confession, or snitch case was a "scientific evidence" case. These categories, of course, are neither exhaustive nor mutually exclusive; often two and sometimes all three are involved. Nevertheless, these categories are helpful because they present trial attorneys …

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Quest For Fairness In Compensating Victims Of September 11, The, Robert L. Rabin Jan 2001

Quest For Fairness In Compensating Victims Of September 11, The, Robert L. Rabin

Cleveland State Law Review

Aside from natural disasters, when tragedy strikes - taking its toll in fatalities and serious injuries - we ordinarily look to the tort system for redress. Tort is not the exclusive form of redress, of course, in this era of private insurance and government disability programs. But still, it remains our most highly visible mechanism for assigning responsibility and providing compensation. In this Article, I will begin by describing the approach to compensation taken in the Victim Compensation Fund. I will then discuss the implementing regulations promulgated by the Special Master appointed under the Fund. Next, I will offer a …

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United States Supreme Court: 2001 Term, Paul C. Giannelli Jan 2001

United States Supreme Court: 2001 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

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The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non- party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States …

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Don't Ask Us To Explain Ourselves, Don't Tell Us What To Do: The Boy Scouts' Exclusion Of Gay Members And The Necessity Of Independent Judicial Review, Taylor Flynn Jan 2001

Don't Ask Us To Explain Ourselves, Don't Tell Us What To Do: The Boy Scouts' Exclusion Of Gay Members And The Necessity Of Independent Judicial Review, Taylor Flynn

Faculty Scholarship

In Boy Scouts of America v. Dale, the U.S. Supreme Court held by a five to four majority that the Boy Scouts of America is entitled to ban gay persons from membership despite New Jersey's prohibition against sexual orientation discrimination. The Dale majority sharply departed from the Court's long line of expressive association cases, in which it has rejected the claims of private clubs that application of civil rights laws to their membership policies violates their associational rights. This Author argues that by "reading" the plaintiff in Boy Scouts of America v. Dale as a cipher for gay sex, and …

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State Of Utah V. James W. Mooney, Linda T. Mooney, And Oklevueha Earthwalks Native American Church Of Utah, Inc. : Brief Of Appellant, Utah Supreme Court Jan 2001

State Of Utah V. James W. Mooney, Linda T. Mooney, And Oklevueha Earthwalks Native American Church Of Utah, Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Interlocutory Appeal from the Fourth Judicial District Court, Utah County, State of Utah, Judge Gary D. Stott

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Handling Workplace Conflict: Why Transformative Mediation?, Robert A. Baruch Bush Jan 2001

Handling Workplace Conflict: Why Transformative Mediation?, Robert A. Baruch Bush

Hofstra Labor & Employment Law Journal

The several articles in this Symposium represent a unique and multifaceted examination of the largest workplace conflict mediation program in the United States-the United States Postal Service's ("Postal Service") REDRESS Tm Program. Begun on a pilot basis in 1994 as part of the settlement of a class-action discrimination lawsuit, REDRESST was subsequently expanded to a nationwide program for mediation of discrimination claims, available to all of the Postal Service's over 800,000 employees. However, it is not only the size of the REDRESSTM Program that makes it a remarkable development in the field of workplace conflict resolution-and the field of mediation …

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Transformative Mediation In The Usps Redress Program: Observations Of Adr Specialists, Lisa B. Bingham, Tina Nabatchi Jan 2001

Transformative Mediation In The Usps Redress Program: Observations Of Adr Specialists, Lisa B. Bingham, Tina Nabatchi

Hofstra Labor & Employment Law Journal

The transformative model of mediation, although well established in the mediation of family and community disputes, is a relatively new approach to dispute resolution in employment settings. In contrast to traditional mediation approaches that focus on problem-solving, transformative mediation seeks to provide opportunities for empowerment and recognition among the disputing parties. In 1998, the United States Postal Service ("USPS") implemented a nation-wide mediation program called REDRESS (TM) (Resolve Employment Disputes Reach Equitable Solutions Swiftly) based on this model. This study takes the form of a process evaluation. It focuses on this question: How well does employment mediation practice in the …

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From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein Jan 2001

From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein

Hofstra Labor & Employment Law Journal

Most observers would say that the employment relationship is regulated largely by statutes. This Article argues that the statutory regulation of the employment relationship, and its correction of market failures, is disappearing under the cloak of judicial decisions upholding contracts which, in one form or another, find individuals to have waived their and the public's statutory rights. In a variation on the nineteenth century's transformation of the employment relationship from status to contract, we have the contemporary move from statute to contract. Part I of this Article examines how contractual waivers operate within the framework of the statutory regulation of …

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Do As We Say Or Do As We Do?: How The Supreme Court Law Clerk Controversy Reveals A Lack Of Accountability At The High Court, Robert M. Agostisi, Brian P. Corrigan Jan 2001

Do As We Say Or Do As We Do?: How The Supreme Court Law Clerk Controversy Reveals A Lack Of Accountability At The High Court, Robert M. Agostisi, Brian P. Corrigan

Hofstra Labor & Employment Law Journal

No abstract provided.

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