Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (19)
- Constitutional Law (11)
- First Amendment (10)
- Intellectual Property Law (9)
- Social and Behavioral Sciences (7)
-
- Health Law and Policy (6)
- Immigration Law (6)
- Criminal Procedure (5)
- Education (5)
- Legal Ethics and Professional Responsibility (5)
- Library and Information Science (5)
- Legal Profession (4)
- Environmental Law (3)
- Higher Education (3)
- Information Literacy (3)
- Law and Society (3)
- Legal History (3)
- Administrative Law (2)
- Arts and Humanities (2)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Communication (2)
- Criminal Law (2)
- Educational Methods (2)
- Entertainment, Arts, and Sports Law (2)
- Higher Education and Teaching (2)
- International Law (2)
- Medicine and Health Sciences (2)
- Institution
- Keyword
-
- First Amendment (24)
- Free Speech (8)
- Constitutional Law (7)
- Plea Bargaining (7)
- Professional Responsibility (7)
-
- Criminal law (6)
- Plea bargaining (6)
- Immigration Law (5)
- Affordable Care Act (4)
- Copyright (4)
- Copyright Law (4)
- Criminal Law (4)
- Florida (4)
- Innocence (4)
- Intellectual property (4)
- Law school (4)
- Legal writing (4)
- Sentencing (4)
- United States Constitutional Law (4)
- Westlaw (4)
- Administrative Law (3)
- Bar Exam (3)
- Brady v. United States (3)
- Constitution (3)
- Constitutional Interpretation (3)
- Constitutional law (3)
- Corporate Crime (3)
- Criminal Procedure (3)
- Criminal procedure (3)
- Education (3)
Articles 121 - 150 of 226
Full-Text Articles in Legal Writing and Research
The Quest For Finality: Five Stories Of White Collar Criminal Prosecution, Lucian E. Dervan
The Quest For Finality: Five Stories Of White Collar Criminal Prosecution, Lucian E. Dervan
Law Faculty Scholarship
In this symposium article, Professor Dervan examines the issue of finality and sentencing. In considering this issue, he argues that prosecutors, defendants, and society as a whole are drawn to the concept of finality in various ways during criminal adjudications. Further, far from an aspirational summit, he argues that some outgrowths of this quest for finality could be destructive and, in fact, obstructive to some of the larger goals of our criminal justice system, including the pursuit of truth and the protection of the innocent. Given the potential abstraction of these issues, Professor Dervan decided to discuss the possible consequences …
College Students And State Voter Id Laws: Can I Vote In The State Where I Attend College? I Have A Student Id Card, Tracey Carter
College Students And State Voter Id Laws: Can I Vote In The State Where I Attend College? I Have A Student Id Card, Tracey Carter
Law Faculty Scholarship
Presidential debates are purposely held on college campuses because it is well-known that college students are a large voting population who often serve as leaders when it comes to political activism and community involvement. Moreover, when students leave home to attend college, some of them want to vote in their college towns. In fact, the U.S. Supreme Court in its 1979 landmark decision in Symm v. United States held that students have the constitutional right to register and vote where they attend college. However, despite the Symm’s decision and other constitutional protections, college students also have to be knowledgeable about …
Rife With Latent Power: Exploring The Reach Of The Irs To Determine Tax-Exempt Status According To Public Policy Rationale In An Era Of Judicial Deference, Amy L. Moore
Law Faculty Scholarship
Using the case of Bob Jones University v. United States as a springboard, this article contends that the IRS has the legal authority to revoke the 501(c)(3) tax-exempt statuses of any institution that the IRS deems to be in violation of public policy. The first step to such an expansion might be to apply to private, religious universities that practice discrimination in areas other than race (e.g. gender and sexual orientation). This article traces the background and analysis of the Supreme Court decision in Bob Jones and how the Court left the door open for the IRS to make other …
Reality Over Ideology: A Practical View Of Special Needs Voucher Programs, Elizabeth Adamo Usman
Reality Over Ideology: A Practical View Of Special Needs Voucher Programs, Elizabeth Adamo Usman
Law Faculty Scholarship
In many school systems across the country, children with disabilities are not receiving the education that they are entitled to by law and need in order to reach their full potential. Although there are certainly triumphant examples of school systems that have succeeded in supporting students with special needs, there are unfortunately far too many examples of neglect, misunderstanding, and, ultimately, failure across the country. Into this struggling system emerges an expanding and difficult challenge that only adds further pressure. Due to the growing numbers of children diagnosed with Autism and the level of expertise required to deal with many …
Resolving The Great Divide In Pregnancy Discrimination, Lynn Ridgeway Zehrt
Resolving The Great Divide In Pregnancy Discrimination, Lynn Ridgeway Zehrt
Law Faculty Scholarship
The Supreme Court granted certiorari on July 1, 2014, in the Fourth Circuit case of Young v. United Parcel Service, to resolve a fundamental disagreement between the federal courts of appeals over the extent to which employers are required to provide reasonable accommodations to pregnant workers under the Pregnancy Discrimination Act of 1978. Prior to granting certiorari, the Supreme Court invited the Solicitor General to submit an amicus curiae brief providing the position of the United States. It was the opinion of the Solicitor General that the Fourth Circuit “erred in holding that petitioner failed to establish a prima facie …
Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman
Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman
Law Faculty Scholarship
This Article begins in Part I through observation of the beginning and development of the Supreme Court’s jurisprudence on the constitutional limitations imposed upon defamation actions under the First Amendment to the United States Constitution. Part II of the Article then briefly sets forth the constitutional framework that the Supreme Court imposed in 1974 on defamation actions in Gertz v. Robert Welch, Inc. The Article then addresses in Part III how the pressures of the First Amendment have eroded the structure that Gertz built. In doing so, Part III specifically explores the expanding definition of who constitutes a public official …
Twenty Years Of Compromise: How The Caps On Damages In The Civil Rights Act Of 1991 Codified Sex Discrimination, Lynn Ridgeway Zehrt
Twenty Years Of Compromise: How The Caps On Damages In The Civil Rights Act Of 1991 Codified Sex Discrimination, Lynn Ridgeway Zehrt
Law Faculty Scholarship
This article takes a novel approach and reexamines the legislative history surrounding the enactment of the Civil Rights Act of 1991 with a central focus on exploring the issue of capped damages. Part I begins by briefly contrasting and summarizing the diverging remedies available under 42 U.S.C. § 1981 and Title VII. The article then shifts in Part II to an examination of the political climate and legislative history that forged the enactment of the 1991 Act, paying particular attention to the debate surrounding damages. This history reveals that many members of Congress had a discriminatory motive in capping damages …
Texting And The Friction Of Writing, Lindsey P. Gustafson
Texting And The Friction Of Writing, Lindsey P. Gustafson
Law Faculty Scholarship
No abstract provided.
The Growing Regulatory State Of Banking, Alberto R. Gonzales
The Growing Regulatory State Of Banking, Alberto R. Gonzales
Law Faculty Scholarship
Our country has often struggled with finding the right balance between too little and too much regulation. Some regulation and oversight is necessary--if for nothing more than to level the playing field. The danger, of course, is that government officials often do not fully appreciate how the heavy hand of regulation affects business, nor anticipate how legislation will affect the markets long term. Lawmakers in several states have introduced resolutions calling on Congress to spit up big banks by separating traditional banking services and investment banking. Five years after the financial crisis, these state resolutions show there is still public …
University Of New Hampshire School Of Law Library, Susan Drisko Zago
University Of New Hampshire School Of Law Library, Susan Drisko Zago
Law Faculty Scholarship
Review of The University of New Hampshire School of Law Library, Concord, NH.
What Implications Will The Supreme Court's Taxing Power Decision Have On The Goals Of The Affordable Care Act And Healthcare?, Alberto R. Gonzales, Donald B. Stuart
What Implications Will The Supreme Court's Taxing Power Decision Have On The Goals Of The Affordable Care Act And Healthcare?, Alberto R. Gonzales, Donald B. Stuart
Law Faculty Scholarship
One of the signature achievements of the Obama Administration is the Affordable Care Act. The Act represents a massive change to the country's healthcare system that includes an individual mandate requiring certain individuals to purchase health insurance or pay a penalty. In 2012, the U.S. Supreme Court upheld this individual mandate under Congress's taxing power. This Comment will examine the implications of the Court's decision on the individual mandate and the Court's taxing power analysis. A primary objective of the Act is to have more Americans covered by health insurance. This Comment suggests the Court's decision may ultimately result in …
Patent Landscape Of Helminth Vaccines And Related Technologies, Jon R. Cavicchi, Stanley P. Kowalski, John Schroeder, Rayna Burke, Jillian Michaud-King
Patent Landscape Of Helminth Vaccines And Related Technologies, Jon R. Cavicchi, Stanley P. Kowalski, John Schroeder, Rayna Burke, Jillian Michaud-King
Law Faculty Scholarship
Executive Summary This report focuses on patent landscape analysis of technologies related to vaccines targeting parasitic worms, also known as helminths. These technologies include methods of formulating vaccines, methods of producing of subunits, the composition of complete vaccines, and other technologies that have the potential to aid in a global response to this pathogen. The purpose of this patent landscape study was to search, identify, and categorize patent documents that are relevant to the development of vaccines that can efficiently promote the development of protective immunity against helminths. The search strategy used keywords which the team felt would be general …
Drones: The Power To Kill, Alberto R. Gonzales
Drones: The Power To Kill, Alberto R. Gonzales
Law Faculty Scholarship
After the terrorist attacks on September 11th, 2001, the Bush Administration began the use of unmanned armed aerial drones to pursue targets in Afghanistan and Pakistan. The Obama Administration has continued this policy, expanding it to pursue substantially more targets in Yemen and new ones in Pakistan. This Article analyzes the Obama Administration’s procedures for placing American citizens on the list of targets for drone strikes and proposes additional measures that Congress and the President can take to ensure that the procedures comply with constitutional guarantees of due process. This Article uses Supreme Court precedents on enemy combatant designations and …
Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan
Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan
Law Faculty Scholarship
We investigated plea bargaining by making students actually guilty or innocent of a cheating offense and varying the sentence that they would face if found ‘guilty’ by a review board. As hypothesized, guilty students were more likely than innocent students to accept a plea deal (i.e., admit guilt and lose credit; akin to accepting a sentence of probation) (Chi-square=8.63, p<.01) but we did not find an effect of sentence severity. Innocent students, though not as likely to plead as guilty students, showed an overall preference (56% across conditions) for accepting a plea deal. Implications and future directions are discussed.
White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan
White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan
Law Faculty Scholarship
Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization discussed in this article is Congress’s propensity for increasing the maximum criminal penalties for white collar offenses in an effort to punish financial criminals more harshly while simultaneously deterring others. The second type of overcriminalization addressed is Congress’s tendency to create vague and overlapping criminal provisions in areas already criminalized in an effort to expand the tools available …
The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins
The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins
Law Faculty Scholarship
In 1989, Ada JoAnn Taylor was accused of murder and presented with stark options. If she pleaded guilty, she would be rewarded with a sentence of ten to forty years in prison. If, however, she proceeded to trial and was convicted, she would likely spend the rest of her life behind bars. Over a thousand miles away in Florida and more than twenty years later, a college student was accused of cheating and presented with her own incentives to admit wrongdoing and save the university the time and expense of proceeding before a disciplinary review board. Both women decided the …
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Law Faculty Scholarship
Within American society, there is a general sense that changing the rules after the game has been played is unfair. While state legislatures more often enact prospective legislation, they nevertheless still regularly engage in retroactive civil lawmaking. In essence, state legislatures are changing the rules after the game has been played. Most Americans inaccurately assume such measures are unconstitutional under the federal constitution. Although several provisions of the United States Constitution offer potential sources of constitutional constraint upon retroactive civil lawmaking, ultimately, as they have been interpreted by the United States Supreme Court, these protections are extremely narrow, largely hollow, …
Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.
Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.
Law Faculty Scholarship
Discusses the precedential value of the Tinker v. Des Moines Independent School District decision in the current Boobies Bracelets debate.
Post-Crawford: Were Recent Changes To State Voter Id Laws Really Necessary To Prevent Voter Fraud And Protect The Electoral Process?, Tracey Carter
Post-Crawford: Were Recent Changes To State Voter Id Laws Really Necessary To Prevent Voter Fraud And Protect The Electoral Process?, Tracey Carter
Law Faculty Scholarship
Voter identification (ID) was the hottest topic in election law debates in numerous state legislatures throughout 2011 and 2012. In fact, in 2012, voter ID legislation was introduced in 32 states. The 2008 U.S. Supreme Court decision in Crawford v. Marion County Election Board served as the impetus for the flurry of recent changes in state voter ID laws across the country. In the Crawford decision, the Supreme Court upheld restrictions on voting, specifically upholding strict photo identification requirements when voting in person at the polls on Election Day. This article discusses the right to vote, recent voter photo ID …
An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales
An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales
Law Faculty Scholarship
The concerns over another terrorist attack, a sluggish economic recovery, high unemployment rates, and state and local budget deficits have propelled immigration policy to the forefront of political debate in the United States. America’s current approach to immigration is an abject failure, undermining the rule of law and our national security. This has prompted various legislative proposals relating to citizenship, including amending the U.S. Constitution to make clear that children born in the United States to unauthorized immigrants are not entitled to birthright citizenship. The Article presents the reasons why these various state and federal level “solutions” are either ineffective …
International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan
International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan
Law Faculty Scholarship
Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this article will discuss the influence of data privacy and protection laws in various countries …
Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian E. Dervan
Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian E. Dervan
Law Faculty Scholarship
If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …
Capital Punishment, Cultural Competency, And Litigating Intellectual Disability, Jeffrey Omar Usman
Capital Punishment, Cultural Competency, And Litigating Intellectual Disability, Jeffrey Omar Usman
Law Faculty Scholarship
In an illuminating 2008 article in the Hofstra Law Review, Scharlette Holdman and Christopher Seeds helped to bring the concept of culturally competency much needed attention in the field of capital litigation. They presented a view of cultural competency as “at root a collection of knowledge, abilities, and skills.” Because cultural competency allows for translation across cultures, Holdman and Seeds took the position that this skill is a prerequisite for a capital defense attorney who is representing a client of a different ethnicity, nationality, social group, or subgroup in the mitigation phase of a capital case. While cultural competency discourse …
Time For The Supreme Court To Address Off-Campus, Online Student Speech, David L. Hudson Jr.
Time For The Supreme Court To Address Off-Campus, Online Student Speech, David L. Hudson Jr.
Law Faculty Scholarship
An essay discussing the need for public school students and officials to know the limits of officials' authority over off-campus, online speech.
The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms, David L. Hudson Jr.
The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms, David L. Hudson Jr.
Law Faculty Scholarship
An essay on the secondary-effects doctrine and its threat to First Amendment.freedoms.
We Are Who We Admit: The Need To Harmonize Law School Admission And Professionalism Processes With Bar Admission Standards, Timothy P. Chinaris
We Are Who We Admit: The Need To Harmonize Law School Admission And Professionalism Processes With Bar Admission Standards, Timothy P. Chinaris
Law Faculty Scholarship
This Article argues that there is a need for many law schools to examine their admission processes and make changes designed to ensure that the qualities considered most closely by bar admission authorities are highly valued in law school admission decisions. At the same time, law schools should tailor their student behavior codes and related enforcement mechanisms to better prepare students to practice professionally upon admission to the bar.
The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau
The Public Speaks: An Empirical Study Of Legal Communication, Christopher R. Trudeau
Law Faculty Scholarship
No abstract provided.
The Moral Of The Story: The Power Of Narrative To Inspire And Sustain Scholarship, Amy Vorenberg
The Moral Of The Story: The Power Of Narrative To Inspire And Sustain Scholarship, Amy Vorenberg
Law Faculty Scholarship
This article describes how I discovered the power of story as a tool to inspire scholarship. We think of stories as a means to bring life to legal cases in a way that grounds them and makes them visceral and comprehensible. We use storytelling to teach our students - showing how the emotive power of a story can persuade. However, stories can also serve a different function. In my search for a way to inspire and sustain my own writing, I found out that a good story can be the source of a writer’s motivation to both create and sustain …
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian E. Dervan
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian E. Dervan
Law Faculty Scholarship
Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the …
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian E. Dervan
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian E. Dervan
Law Faculty Scholarship
In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …