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2006

Northwestern Pritzker School of Law

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Articles 1 - 30 of 78

Full-Text Articles in Law

Train Our Jurors, Jonathan Koehler Jan 2006

Train Our Jurors, Jonathan Koehler

Faculty Working Papers

Lay jurors are often legally and logically unprepared for trial. In response, it is recommended that jurors receive training in how to make better legal decisions. This chapter suggests that jurors should receive comprehensive training in critical legal doctrines and in how to reason with legal evidence. Jurors who cannot be trained to achieve minimal levels of competence (in the law or in basic reasoning) should be excused from jury service. Suggestions are given as to how policy makers and researchers who are interested in jury reform may wish to proceed.


Questions About Forensic Science: Response, Jonathan Koehler Jan 2006

Questions About Forensic Science: Response, Jonathan Koehler

Faculty Working Papers

THE ESSENTIAL MESSAGE OF OUR REVIEW WAS that forensic individualization/identification science is on course for a "paradigm shift" in which its future will be more scientifically grounded than its past.

Harmon and Budowle take issue with the simple point that traditional forensic science assumes that markings produced by different people and objects are observably different. The notion of uniqueness is widespread in forensic science writing, thinking, and practice. We added the qualifier "discernible" to the uniqueness assumption to indicate that criminalists do not refer to uniqueness in the abstract or as a metaphysical property. They mean that conclusions about object …


The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan Jan 2006

The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan

Journal of Criminal Law and Criminology

No abstract provided.


Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern Jan 2006

Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern

Journal of Criminal Law and Criminology

No abstract provided.


Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham Jan 2006

Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham

Northwestern Journal of International Law & Business

This article examines the development of a competition regime in Vietnam, with all of the existing difficulties and problems. In the context of this socialist country, we examine the economic reform and integration process and the challenges of liberalization and globalization. Finally, we provide some thoughts for the future. Specifically, Section II addresses the emergence of Vietnam's competition law since the 1980's. Section III describes some of the key legal provisions of the Competition Law of Vietnam. Section IV evaluates the current challenges in the implementation of the Vietnam competition regime, while Section V proposes some recommendations.


Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong Jan 2006

Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong

Northwestern Journal of International Law & Business

For years, U.S. courts took a highly deferential, "hands-off' approach to litigation involving a foreign sovereign. However, recent case law out of the D.C. Circuit has radically diminished the jurisdictional elements that plaintiffs must establish before a U.S. court will assert its power to enforce an arbitral award against a foreign state or state agency. This Article investigates this recent shift and describes what contacts, if any, a foreign state or state agency must have with the United States before a U.S. court will assert jurisdiction under sections 1605(a)(1) and 1605(a)(6) of the U.S. Foreign Sovereign Immunities Act ("FSIA").4 This …


Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak Jan 2006

Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak

Northwestern Journal of International Law & Business

This paper will address the political economy of competition law in Thailand. Section II will provide a historical perspective of Thai Competition Law. Section III will show what went wrong with the law's implementation since its promulgation in 1999. Section IV will assess the implications of the lack of competition law enforcement on business conduct and the establishment of a competition regime in Thailand. Section V will summarize major lessons learned in the Thai case that may be relevant to other developing countries considering adopting such a law or facing difficulties in its implementation. Finally, Section VI will draw conclusions …


Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney Jan 2006

Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney

Journal of Criminal Law and Criminology

No abstract provided.


The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming Jan 2006

The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming

Journal of Criminal Law and Criminology

No abstract provided.


Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey Jan 2006

Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey

Journal of Criminal Law and Criminology

No abstract provided.


Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs Jan 2006

Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs

Journal of Criminal Law and Criminology

No abstract provided.


Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld Jan 2006

Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.


Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport Jan 2006

Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe Jan 2006

Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe

Journal of Criminal Law and Criminology

No abstract provided.


In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey Jan 2006

In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey

Journal of Criminal Law and Criminology

No abstract provided.


The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song Jan 2006

The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song

Journal of Criminal Law and Criminology

No abstract provided.


Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort Jan 2006

Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort

Journal of Criminal Law and Criminology

No abstract provided.


Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger Jan 2006

Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger

Journal of Criminal Law and Criminology

No abstract provided.


Questionable Uses Of Canons Of Statutory Interpretation: Why The Supreme Court Erred When It Decided Any Only Means Some, Anthony L. Engel Jan 2006

Questionable Uses Of Canons Of Statutory Interpretation: Why The Supreme Court Erred When It Decided Any Only Means Some, Anthony L. Engel

Journal of Criminal Law and Criminology

No abstract provided.


Anglo-American Privacy And Surveillance, Laura K. Donohue Jan 2006

Anglo-American Privacy And Surveillance, Laura K. Donohue

Journal of Criminal Law and Criminology

No abstract provided.


The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin Jan 2006

The Constitutional Right To Travel: Are Some Forms Of Transportation More Equal Than Others?, Timothy Baldwin

Northwestern Journal of Law & Social Policy

No abstract provided.


Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson Jan 2006

Relocating From The Distress Of Chicago Public Housing To The Difficulties Of The Private Market: How The Move Threatens To Push Families Away From Opportunity, Molly Thompson

Northwestern Journal of Law & Social Policy

No abstract provided.


Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White Jan 2006

Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White

Northwestern Journal of Law & Social Policy

No abstract provided.


A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause Jan 2006

A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson Jan 2006

Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson

Journal of Criminal Law and Criminology

No abstract provided.


Whiskey And The Wires: The Inadvisable Application Of The Wire Fraud Statute To Alcohol Smuggling And Foreign Tax Evasion, Jason S. Friedman Jan 2006

Whiskey And The Wires: The Inadvisable Application Of The Wire Fraud Statute To Alcohol Smuggling And Foreign Tax Evasion, Jason S. Friedman

Journal of Criminal Law and Criminology

No abstract provided.


Roper V. Simmons: The Collision Of National Consensus And Proportionality Review, Wayne Myers Jan 2006

Roper V. Simmons: The Collision Of National Consensus And Proportionality Review, Wayne Myers

Journal of Criminal Law and Criminology

No abstract provided.


Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith Jan 2006

Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith

Journal of Criminal Law and Criminology

No abstract provided.


Wilkinson V. Austin And The Quest For A Clearly Defined Liberty Interest Standard, Myra A. Sutanto Jan 2006

Wilkinson V. Austin And The Quest For A Clearly Defined Liberty Interest Standard, Myra A. Sutanto

Journal of Criminal Law and Criminology

No abstract provided.


Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky Jan 2006

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky

Journal of Criminal Law and Criminology

No abstract provided.