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The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part I, H. Patrick Furman

Publications

This two-part article discusses the constitutional right to a speedy trial and the basics of the speedy trial statute.

See Part II at http://scholar.law.colorado.edu/articles/551/.

Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet

Publications

No abstract provided.

Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi

Publications

No abstract provided.

Is The Republic Circling The Drain?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

Disease Management And Liability In The Human Genome Era, Larry I. Palmer

Faculty Publications

No abstract provided.

The Sec's Suspension And Bar Powers In Perspective, Jayne W. Barnard

Faculty Publications

Enron has brought about demands from many quarters to grant the Securities and Exchange Commission (SEC) new powers. Among the powers the SEC now seeks is the power to bar or suspend securities law violators from serving as an oflicer or director of any public company. Currently, the law assigns this power only to federal district courts. In this Essay, Professor Barnard traces the history of the current law; examining why Congress has expressly withheld suspension and bar powers from the SEC. She then argues that the courts have exercised their suspension and bar powers wisely, and that recent developments …

The Story Of A Forgotten Battle, Nathan B. Oman

Faculty Publications

No abstract provided.

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Misunderstood, Neal Devins

Faculty Publications

No abstract provided.

Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman

Faculty Publications

No abstract provided.

The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green

Faculty Publications

According to Locke's theory of the social contract, which was widely accepted by the Founders, political authority is limited by those natural moral rights that individuals reserve against the government. In this Article, I argue that Locke's theory generates paradoxical conclusions concerning the government's authority over civil disobedients, that is, people who resist the government because they believe it is violating reserved moral rights. If the government lacks the authority to compel the civil disobedient to abide by its laws, the result is anarchism: The limits on governmental authority are whatever each individual says they are. If the government has …

The Long And Arduous Journey To Truth-In-Sentencing In Wisconsin, Thomas J. Hammer

Faculty Publications

No abstract provided.

Shattering Negotiation Myths: Empirical Evidence On The Effectiveness Of Negotiation Style, Andrea Kupfer Schneider

Faculty Publications

This article provides a current look at how lawyers actually negotiate and should serve to shatter the myth that adversarial bargaining is more effective and less risky than problem-solving. The data reported herein is based on a wide-ranging study that asked lawyers to evaluate the negotiation styles and the resulting effectiveness of other lawyers. First, the study shows that effective negotiators exhibit certain identifiable skills. For example, the research indicates that a negotiator who is assertive and empathetic is perceived as more effective. The study also reveals distinctive characteristics of ineffective negotiators, who are more likely to be stubborn, arrogant, …

Can A State Waive Its Immunity By Removing A Case From State To Federal Court?, Jay E. Grenig

Faculty Publications

No abstract provided.

Incentives To Create Under A "Lifetime-Plus-Years" Copyright Duration: Lessons From A Behavioral Economic Analysis For Eldred V. Ashcroft, Avishalom Tor, Dotan Oliar

Journal Articles

In this Article, we highlight for the first time some of the significant but hitherto unrecognized behavioral effects of copyright law on individuals' incentives to create and then examine the implications of our findings for the constitutional analysis of Eldred v. Ashcroft. We show that behavioral biases - namely, individuals' optimistic bias regarding their future longevity and their sub-additive judgments in circumstances resembling the extant rule of copyright duration - explain the otherwise puzzling lifetime-plus-years basis for copyright protection given to individual authors, and reveal how this regime provides superior incentives to create. Thus, insofar as the provision of increased …

E Pluribus Unum: The Aftermath Of September 11, Gerard V. Bradley

Journal Articles

September 11 forged an American unity not seen since Pearl Harbor. We shelved our political differences, put the culture war on simmer, and lost interest in celebrity scandal (think of Gary Condit). Americans rallied behind our Commander-in-Chief, and we agreed that our lives would never be the same. America’s vacation from history had ended, and we had forever lost our innocence and our perceived immunity from harm. When our Commander-in-Chief said that a return to “normalcy” would deny Bin Laden his victory, we rallied behind that, too.

Pre-Emption And Exception: The Us Moves Beyond Unilaterism, Mary Ellen O'Connell

Journal Articles

The Administration of George W. Bush is by now famous for its unilateralism. In its first months in office, the Administration made clear that it would not cooperate in major multilateral initiatives on the environment, arms control, and human rights. The September 11 attacks caused a momentary lull in the pursuit of unilateralism, but by November 2001, the lull was over. Unilateralism was back in full swing. Unilateralism, however, does not necessarily violate international law. The international legal system was formed to accommodate independent, sovereign states. It provides plenty of space for states to »go it alone.« And while it …

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Journal Articles

Following the September 11th attacks in the United States (U.S.), one could make a case for America's use of force in Afghanistan as a lawful exercise of the right of self-defense. But the proposals to invade Iraq following September 11th cannot be so defended. Those proposals did not concern defending the basic security of the U.S. in the sense that basic security defense is currently understood in the international community. They concerned, rather, defense of a more expansive concept of security, a concept wherein the U.S. need not tolerate antagonistic regimes with the potential to harm U.S. interests. The invasion …

The Internationalization Of Legal Relations, Roger P. Alford

Journal Articles

What exactly does it mean to say that "legal relations" are becoming "internationalized"? For me, the concept is in large measure a vertical question: the degree to which international law is affecting (some might say encroaching on) traditional domestic law, particularly state law. This is particularly so with treaty law. In the United States at least, internationalization might be thought of as simply another arm of federalism, with Congress stipulating that certain sales of goods will be governed by international law, not the Uniform Commercial Code. Or that a certain category of child adoptions will be governed by federal treaty …

Book Review Of Mental Disability In Victorian England: The Earlswood Asylum 1847-1901, Michael Ashley Stein

Faculty Publications

No abstract provided.

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Relationship Between Sex Role Stereotypes, Domestic Violence Training, History Of Law Enforcement Involvement, And Law Enforcement Officer's Perceptions Of A Domestic Violence Incident, Kristen M. Schuch

Masters Theses

This study examined how police officers perceptions of a domestic violence situation are influenced by sex role stereotypes, domestic violence training and history of police intervention. Participants were police officers employed in sheriff's departments or city police departments. Officers received several surveys and a vignette describing a domestic violence scene. Officers were given one of two vignettes, one describing a situation in which there have been previous calls to the address and one in which this is the first call and were then asked several questions to assess their perceptions. Sex role stereotypes were assessed using the Sex Role Egalitarianism …

Investment Responsibility In Northern Ireland: The Macbride Principles Of Fair Employment, Neil J. Conway

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Biotechnology And The New Property Regime In Human Bodies And Body Parts, Remigius N. Nwabueze

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Separating Conjoined Twins: Legal Reverberations Of Jodie And Mary's Predicament, Jennifer N. Sawday

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Recognizing The Need For Uniform International Regulation Of Developing Biotechnology: A Focus On Genetic Experimentation, Paul Hanna

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish

Faculty Scholarship

No abstract provided.

Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz

American Indian Law Review

No abstract provided.

The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny

American Indian Law Review

No abstract provided.

Industrial Hemp: The Crop For The Seventh Generation, Robin Lash

American Indian Law Review

No abstract provided.