Law Commons^™

Rape, Resurrection, And The Quest For Truth: The Law And Science Of Rape Trauma Syndrome In Constitutional Balance With The Rights Of The Accused, Kathryn M. Davis

UC Law Journal

Over the last several years, expert testimony concerning rape trauma syndrome has been widely employed by prosecutors to refute a defense of consent asserted by the accused in rape trials. Recognizing the probative value of syndrome evidence, some courts have concluded that when the state relies on rape trauma syndrome to resolve issues of consent, principles of fundamental fairness require that the accused be permitted to defend with the same evidence. However, when the accused is permitted to use rape trauma syndrome offensively, the social science intended to benefit victims of rape may be used to justify the resurrection of …

Hendricks And The Future Of Sex Offender Commitment Laws, Eric S. Janus

Faculty Scholarship

The Supreme Court's decision in Kansas v. Hendricks suggests that few constitutional limitations will be imposed. This article discusses the four elements imposed by the Court in Hendricks, and then discusses the likely implications of the decision, using civil commitment laws currently on the books and actual post-Hendricks decisions. The article concludes that the imbalance between commitments and discharges will cause commitment populations to grow over the foreseeable future. Eventually the huge costs of commitment schemes will force serious assessment of whether the facial logic of these programs hides seriously distorted resource allocation and anti-therapeutic side-effects.

A Summary Of Mirjan R. Damaska's Evidence Law Adrift, Gordon Van Kessel

UC Law Journal

No abstract provided.

The Ground-Zero Theory Of Evidence, Kim Lane Scheppele

UC Law Journal

No abstract provided.

No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva Orenstein

UC Law Journal

No abstract provided.

Polygraph Evidence: Post-Daubert, Paul C. Giannelli

UC Law Journal

No abstract provided.

The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

UC Law Journal

No abstract provided.

The Psychotherapist Privilege And The Supreme Court's Misplaced Reliance On State Legislatures, Glen Weissenberger

UC Law Journal

No abstract provided.

The Ethos Of Expert Witnesses: Confusing The Admissibility, Sufficiency And Credibility Of Expert Testimony, Eileen Scallen, William E. Wiethoff

UC Law Journal

No abstract provided.

The 1972 Liability Convention Enhancing Adherence And Effective Application, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction

2. The Liability Convention the status quo and current developments

3. The Liability Convention and space debris

3.1. The definition of space object

3.2. Unidentifiable space debris

3.3. The definition of" damage"

4. The Liability Convention and private space activities

4.1. Liability at the international level

4.2. Liability at the national level

4.3. Linking international liability and national liability

5. Conclusion

The Delimitation Of Outer Space Revisited The Role Of National Space Laws In The Delimitation Issue, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Recently, the issue of the delimitation and definition of outer space has been put back on the agenda of the Legal Subcommittee of UNCOPUOS. This issue has of course many complex features. It effectively revisits the fundamental but rather theoretical debate between proponents of 'spatialism' and adherents to 'functionalism' when it comes to defining the essence of international space law. It reflects on a measure of absence of political will to establish any rigid delimitation and definition ahead of technical or other developments which may tend to ignore such legal borderlines. Moreover, even amongst those agreeing on the need to …

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf

Faculty Publications

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

Underwood Law Library Newsletter, Vol. 9, No. 2 – Spring 1998, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

Underwood Law Library Newsletter, Vol. 10, Technology – Fall 1998, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

Underwood Law Library Newsletter, Vol. 10, No. 1 – Fall 1998, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

Transferred Intent: An Inquiry Into The Nature Of Criminal Culpability, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.

Placing The Waitangi Tribunal: Attitudes Towards The Claims Settlement Process In New Zealand, Kirsten Matoy Carlson

Law Faculty Research Publications

This article reports the findings of a 1998 survey of the general New Zealand public's attitudes towards race relations and the Treaty of Waitangi. The survey sought to determine whether demographic variables such as age, gender, race, and educational level impact attitudes towards the Treaty of Waitangi and the Treaty Claims Settlement Process. The survey findings indicate some polarisation among New Zealanders according to ethnicity on certain issues, and a general lack of knowledge and/or informed opinions about sovereignty, Treaty, and Tribunal issues.

Blinded By Science: How Judges Avoid The Science In Scientific Evidence, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

Foreword, David J. Jung

UC Law Constitutional Quarterly

No abstract provided.

Reexamining Compelling Interests And Radical State Campaign Finance Reforms: So Goes The Nation, Molly Peterson

UC Law Constitutional Quarterly

James Madison noted that "[t]here are two methods of curing the mischiefs of [a] faction: the one, by removing its causes; the other, by controlling its effects." Campaign finance regulation, often spoken of as curing the mischiefs of special interest groups, has experienced a popular resurgence spawned by inquiries into extranational contributions in the 1996 presidential election and the 104th Congress' filibuster of the McCain-Feingold reform package. Since the Supreme Court's decision in the 1976 case Buckley v. Valeo, striking several parts of the Federal Election Campaign Act for infringing upon First Amendment-protected political expression, the efficacy of campaign finance …

Dismantling The Modern State--The Changing Structural Foundations Of Federalism, Keith E. Whittington

UC Law Constitutional Quarterly

Federalism, as a constitutional concept underlying the appropriate distribution of powers among the federal and state governments, has responded in understandable ways to long-term trends in economics, political organization and political values. Such trends have encouraged centralization through most of the twentieth century, as is reflected in both judicial doctrine and governmental practice. However, changing conceptions of the political economy and the political regime have created a new structural dynamic that favors a less centralized version of federalism.

In this article, Professor Whittington examines the structural foundations of the movement toward centralization and the modern countertrends to that movement which …

Losing The Presumption Of Market Power For Antitrust Purposes, And Its Affect On The Software Industry, Regina A. Demeo

Santa Clara High Technology Law Journal

No abstract provided.

The Goals Of Environmental Enforcement And The Range Of Enforcement Methods In Israel And In The United States, Marcia R. Gelpe

Faculty Scholarship

The article examines enforcement of the environmental laws of Israel and of the United States. It concentrates on provisions for enforcement of the laws by government authorities--that is, either by administrative authorities or by the courts at the request of an administrative authority. Environmental laws in many jurisdictions may also be enforced by private actions. These private enforcement actions are not addressed specifically in this article, although much of what is said is also applicable to such actions.

China's Tax Preferences To Foreign Investment: Policy, Culture And Modern Concepts, Zhaodong Jiang

Northwestern Journal of International Law & Business

In conclusion, policy-making in China is subject to the leadership's perception of problems and solutions. Taxation must reflect political and economic concerns and closely follow policy choice. For the Chinese, the objective, economic value to foreign businesses should not be as important as the Chinese sincerity and friendly sentiments that the preferential meas- ures symbolize. While the Chinese do refer to modern concepts such as ef- ficiency or equity, they tend to apply their own interpretation and understanding.

Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan

Northwestern Journal of International Law & Business

In order to provide a context for a discussion of how to effectively combat the art theft problem, Part II of this comment will examine the vari- ous incentives that encourage art theft. Parts I, IV, and V will explain the background and key provisions of two international conventions and one regional directive that address the problem of art theft in the EU. Part VI will analyze the strengths and shortcomings of the existing legal regime ac- cording to the two conventions and a directive. Part VII will discuss three mechanisms that have been somewhat successful in the recovery of …

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer

Northwestern Journal of International Law & Business

The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …

Turnaround For Writers - Not Quite, But Close: The Writer's Right To Reacquire Theatrical Literary Material Under The Wga Basic Agreement, Michael R. Fuller

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Not The Last Dance: Astaire V. Best Film And Video Corp. Proves California Right Of Publicity Statues And The First Amednment Can Co-Exist, Erika Paulsrude

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

American Assistance To Litigation In Foreign And International Tribunals: Section 1782 Of Title 28 Of The U.S.C. Revisited, Hans Smit

Syracuse Journal of International Law and Commerce

In the following, primary consideration will be given to the constructions given to Section 1782 by the courts. My conclusion will be that, on the whole, Section 1782 has served its intended purpose, that, on occasion, some courts have given it a construction that is at odds with both its clear text and evident purpose, but that it is reasonable to expect that, over time, the courts and commentators will fall into line and will apply Section 1782 in a manner consistent with its purpose of facilitating the conduct of litigation with international aspects.