Civil Law Commons^™

The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs

ExpressO

This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.

Animal Law Review

North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …

Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman

Books

In 2004, Anne began co-authoring this seminal evidence treatise, which is in its second century of publication. Jones on Evidence (“Jones”) currently contains 5 hardbound volumes and a softbound appendix of new chapters with two new hardbound volumes forthcoming. All volumes are updated yearly. Jones enables civil and criminal practitioners in private and public practice to learn and understand evidentiary issues and evidentiary rules, including the Federal Rules of Evidence, and to use evidence effectively, whether the issue is admission, exclusion, preservation or relevance. Jones has been cited in numerous federal and state court opinions and law review …

Standards Of Evidence In Administrative Proceedings, William H. Kuenhle

NYLS Law Review

No abstract provided.

Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.

The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna

Publications

No abstract provided.

Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant

Seattle University Law Review

It was in this spirit that the Board of Judicial Administration created the Washington State Jury Commission in June 1999. The Commission's mandate was to "conduct a broad inquiry into the jury system and examine issues including ... juror responsiveness, citizen satisfaction from jury service, adequacy of juror reimbursement, and improving juror participation in trials." This Article sets forth a brief summary of the Commission's work and examines, in more detail, certain, specific recommendations of the Commission, including those that have been implemented and those that have not. In addition, this Article provides an update on the status of the …

How Low Can You Go (Down The Ladder): The Vertical Reach Of Rico, 37 J. Marshall L. Rev. 1 (2003), Scott Paccagnini

UIC Law Review

No abstract provided.

The Concept Of Equality In Civil Procedure, William B. Rubenstein

Cardozo Law Review

No abstract provided.

Conjunction And Aggregation, Saul Levmore

Michigan Law Review

This Article begins with the puzzle of why the law avoids the issue of conjunctive probability. Mathematically inclined observers might, for example, employ the "product rule," multiplying the probabilities associated with several events or requirements in order to assess a combined likelihood, but judges and lawyers seem otherwise inclined. Courts and statutes might be explicit about the manner in which multiple requirements should be combined, but they are not. Thus, it is often unclear whether a factfinder should assess if condition A was more likely than not to be present - and then go on to see whether condition B …

Criminal Theory In The Twentieth Century, George P. Fletcher

Faculty Scholarship

The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability – normative and descriptive – are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on defenses. Third, the struggle with alternatives to punishment for the control and commitment of dangerous but non-criminal persons is …

Trends. The Double Edged Sword Of Transparency In Criminal And Civil Law: The Case Of Euthanasia, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the decriminalization of euthanasia in The Netherlands, and the issue of transparency.

The French Experience With Duty To Rescue: A Dubious Case For Criminal Enforcement, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …

Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron

UIC Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine

American University Law Review

No abstract provided.

Cclhp: Data As Microsoft Access File, Newton Key, Chris Waldrep, Michael Kroll, Mark Voss-Hubbard

Coles County Legal History

Table Cases Fields:

Case_Number

Incident_Date

File_Date

Settlement_Date

Location

Case_Type

Dollar_Amount

Issue

Outcome

Ancillary_Catters

Memo

Transcribed

Additional_Info

Marked

Last_Modified

Table Parties

Record_Number

Case_Number

L_Name

F_Name

Sex

Occupation

Literate

Location

Additional_Info

Marked

Modified_Date

Queries

Cchlp: Original Public Interface, Eastern Illinois University Department Of History

Coles County Legal History

The Coles County Legal History Project (CCLHP) was began as a grant-supported project in 1999. The database covers civil and criminal cases from 1830 to 1906. The records were originally in a postgres database with a two tables. The public interface was written in Perl. The interface and data were served by Solaris hardware. The Cases table contains 1602 records, the Parties table contains 4487 records. The Solaris system was retired in 2009 and the database was transferred to Booth Library.

Cclhp: Parties As Csv, Newton Key, Mark Voss-Hubbard, Michael Kroll, Chris Waldrep

Coles County Legal History

Fields included: Record Number case_number Actor (P D W or J) Last Name First Name Sex Occupation Literate Location Additional Information Marked Last Modified

Cclhp: Case Types As Csv, Newton Key, Mark Voss-Hubbard, Michael Kroll, Chris Waldrep

Coles County Legal History

Single column, controlled vocabulary for case types

Cclhp: Cases As Csv, Newton Key, Mark Voss-Hubbard, Chris Waldrep, Michael Kroll

Coles County Legal History

Fields included: case_number Incident Date File Date Settlement Date Location Case Type Dollar Amount Issue Outcome Ancillary Matters Memo Transcribed Additional Information Marked Last Modified

Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo

UIC Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The "Solely Criminal Purpose" Defense To The Enforcement Of Irs Summonses, Darius J. Mehraban

Michigan Law Review

Recent years have witnessed a gradual erosion of the practical distinctions between the civil and criminal investigations performed by federal administrative agencies. This trend arose naturally from a growing number of federal statutes and regulations that carry both civil and criminal penalties for their violation. Administrative agencies today wield investigative summons power almost as expansive as the grand jury subpoena power and can use that power to investigate without first deciding whether criminal or civil liability ultimately will be sought. The Internal Revenue Service (IRS) has participated to some extent in this intermingling of civil and criminal inquiry - with …

Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong

Faculty Publications

In the late 1950s and early 1960s, two of England's most respected jurists engaged in an on-going debate that would take the legal world by storm. The debate concerned whether and to what extent morality should be reflected in the law and was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. On the one hand was Lord Patrick Devlin, a Lord of Appeal in Ordinary later elevated to the House of Lords, Britain's highest court. Devlin opposed the conclusions contained in the Wolfenden …