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Articles 751 - 780 of 831
Full-Text Articles in Other Law
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Scholarly Works
Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …
Jurors As Statutory Interpreters, Lawrence Solan
Jurors As Statutory Interpreters, Lawrence Solan
Faculty Scholarship
No abstract provided.
Statutory Inflation And Institutional Choice, Lawrence Solan
Statutory Inflation And Institutional Choice, Lawrence Solan
Faculty Scholarship
No abstract provided.
The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma
The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma
Faculty Scholarship
No abstract provided.
Applying Apprendi To The Federal Sentencing Guidelines: You Say You Want A Revolution?, Susan Herman
Applying Apprendi To The Federal Sentencing Guidelines: You Say You Want A Revolution?, Susan Herman
Faculty Scholarship
No abstract provided.
The Fiction Of Juvenile Right To Counsel: Waiver In Juvenile Courts, Mary E. Berkheiser
The Fiction Of Juvenile Right To Counsel: Waiver In Juvenile Courts, Mary E. Berkheiser
Scholarly Works
Although a number of juvenile justice advocates and scholars have decried the prevalence of juvenile waiver of right to counsel, no one has undertaken a comprehensive study of the problem. This Article attempts to fill that gap. The Article begins with a review of the historical context in which juvenile right to counsel arose and proceeds to a discussion of the landmark In re Gault decision and the due process underpinnings of juvenile right to counsel. The Article then chronicles the long-standing practice of permitting juveniles to waive their right to counsel and shows that the vast majority of nearly …
Biting Off What They Can Chew: Strategies For Involving Law Students In Problem-Solving Beyond Individual Client Representation, Katherine R. Kruse
Biting Off What They Can Chew: Strategies For Involving Law Students In Problem-Solving Beyond Individual Client Representation, Katherine R. Kruse
Scholarly Works
Problem-solving is most often taught in the context of representing individual clients in small manageable cases where students retain primary control and develop a sense of ownership. Increasingly, law school clinical programs are involving students in broader service projects designed to meet the needs of clients that go unaddressed by the legal system. Student involvement in these projects presents challenges for the traditional model of problem-solving taught in individual case representation. This article explores the challenges of translating the problem-solving techniques employed in direct representation of individual clients into the larger context of problem-solving for a client community by examining …
“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
Scholarly Works
In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …
The Terrors Of Dealing With September 11th, Christopher L. Blakesley
The Terrors Of Dealing With September 11th, Christopher L. Blakesley
Scholarly Works
No abstract provided.
Splitting The Atom Of Marshall's Wisdom, Susan Herman
Splitting The Atom Of Marshall's Wisdom, Susan Herman
Faculty Scholarship
No abstract provided.
The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
Faculty Scholarship
No abstract provided.
Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor
Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor
International Bulletin of Political Psychology
This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
Faculty Scholarship
No abstract provided.
The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan
The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan
Faculty Scholarship
No abstract provided.
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
Scholarly Works
This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Scholarly Works
Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers denounced the …
Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine
Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine
Scholarly Works
This article looks at the capital sentencer's decision: Whether a death-eligible defendant will in fact receive the death sentence. Based in part on an examination of Jewish law and philosophy, Professor Levine identifies three particular areas in which it can be said that the Supreme Court requires the capital sentencer to "play God." First, capital sentencers are asked to ascertain the degree of a defendant's culpability by looking at factors that affect free will and victim impact evidence, implicating moral luck. Capital sentencers are also required to determine a person's total moral worth by considering character evidence. Finally, the Supreme …
Causation, Contribution And Legal Liability: An Empirical Study, Lawrence Solan, John Darley
Causation, Contribution And Legal Liability: An Empirical Study, Lawrence Solan, John Darley
Faculty Scholarship
No abstract provided.
Why Laws Work Pretty Well, But Not Great: Words And Rules In Legal Intrepretation, Lawrence Solan
Why Laws Work Pretty Well, But Not Great: Words And Rules In Legal Intrepretation, Lawrence Solan
Faculty Scholarship
No abstract provided.
The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann
The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann
Faculty Scholarship
No abstract provided.
Trends. The Double Edged Sword Of Transparency In Criminal And Civil Law: The Case Of Euthanasia, Ibpp Editor
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.
Ibpp Research Associates: Botswana, Ditso Anneleng
Ibpp Research Associates: Botswana, Ditso Anneleng
International Bulletin of Political Psychology
This article discusses educational and legal issues surrounding students from Botswana enrolled in an alleged fake educational institution - African Media University in South Africa.
Measuring Culpability By Measuring Drugs? Three Reasons To Re-Evaluate The Rockefeller Drug Laws, Susan Herman
Measuring Culpability By Measuring Drugs? Three Reasons To Re-Evaluate The Rockefeller Drug Laws, Susan Herman
Faculty Scholarship
No abstract provided.
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Scholarly Works
This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …
Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser
Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser
Scholarly Works
No abstract provided.
Can The Legal System Use Experts On Meaning?, Lawrence Solan
Can The Legal System Use Experts On Meaning?, Lawrence Solan
Faculty Scholarship
No abstract provided.
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Scholarly Works
Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.
Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes
Cleveland State Law Review
The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in the …
The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe
The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Law, Language And Lenity, Lawrence Solan