Social and Behavioral Sciences Commons^™

Correspondence: 1992 Asc Nominations And Elections, American Society Of Criminology. Division On Women And Crime, Lynne Goodstein, Susan Caringella-Macdonald, Alfred Blumstein, Hal Pepinsky

Division on Women and Crime Documents and Correspondence

Primarily incoming and outgoing letters regarding individual committee activities, nominations for awards and elections, and membership issues.

The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation., Joel Seligman

Scholarship@WashULaw

Recently I had the opportunity to apply an unused procedure in a shareholder derivative litigation. In 1989 Michigan amended its Business Corporation Act to allow a court under specified circumstances to appoint a "disinterested person" to perform fact gathering functions similar to those of a German investigative judge. In 1991 I was appointed to be the disinterested person in a derivative litigation involving Rospatch Corporation. The experience persuaded me that compared to litigation and the special litigation committee, the disinterested person approach may often have significant advantages in terms of reduction of litigation costs, procedural fairness, and protection of shareholders.

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …

Trends In Homicide Among African-Americans, Wornie L. Reed

Trotter Review

Homicide is a particularly significant phenomenon for African Americans because it is the leading cause of death for young black men and women. Blacks, who make up some 12% of the population in the country, account for 44% of all murder victims. Thus, reducing homicide deaths among American population groups, particularly among young black males, is a growing public concern. The term homicide refers to any killing of one person by another. In this chapter the phenomenon and the changing trends of homicide among African Americans over the past 30 to 40 years will be examined.

Crime, Drugs, And Race, Wornie L. Reed

Trotter Review

The crime and criminal record statistics of black Americans are frightening; and they keep getting worse. These figures, of course, give us pause. Yet, it must be kept in mind that none of these figures demonstrates that blacks as a race are more prone to crime. Rather, the figures show that the average black person in the United States is more likely than the average white person to be so situated in the social structure that he or she is more likely to be involved in crime, with an even higher likelihood of being arrested, convicted, and imprisoned.

African-Americans And The Administration Of Justice, E. Yvonne Moss, Roy Austin, Nolan Jones, Barry A. Krisberg, Hubert G. Locke, Michael L. Radelet, Susan Welch

Trotter Review

The status of African Americans in relationship to the administration of justice has improved since the 1940s. Significantly, however, researchers continue to find racial discrimination and racial disadvantage operating in various aspects of the criminal justice process in numerous jurisdictions. Such findings are unacceptable in a society that claims to honor equal justice under law.

This article is reprinted from Summary, Volume 1 of the Assessment of the Status of African-Americans series, published in 1990 by the William Monroe Trotter Institute, University of Massachusetts at Boston, and edited by Wornie L. Reed. Materials included in the article were adapted …

Establishing Practical Limits To Crime Control Through Environmental Design, Gerald Dennis Brock

Dissertations and Theses

There are myriad approaches to control crime that are currently being advocated by one group or another in contemporary American society. These range from punitive programs of incarceration to global kinds of social intervention to change societal "root causes" of crime. One of the proposals which attracted much attention in the 1960's was the crime control through environmental design perspective hinted at by persons such as Jane Jacobs and developed in detail by Oscar Newman. The idea of defensible space is straightforward: certain kinds of environmental design can have a significant deterrent effect on crime and criminals. The recent literature, …

Printer Copy Of Divisionews (Spring 1991/ Vol. 5, No. 1), American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Divisionews (Spring 1991 / Vol. 5, No. 1), American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Dwc Membership Renewal Notice, American Society Of Criminology

Division on Women and Crime Documents and Correspondence

Renewal notice for membership

Following Dead Precedent: The Supreme Court's Ill-Advised Rejection Of Anticipatory Overruling, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Stare decisis is an integral, accepted principle of American and common-law jurisprudence. The idea that courts should follow past decisions, whether of the same or a higher court, was accepted before this nation was born and continues to be generally accepted today. Criticism of stare decisis is equally ancient, however. A countervailing tradition allows a court to overrule precedent to correct its errors and develop the law. "The life of the law has not been logic," Holmes wrote; "it has been experience." Stare decisis has never been an inexorable command in the American system; courts have always been willing to …

The Possible Future Of Private Rights Of Action For Proxy Fraud: The Parallel Between Borak And Wilko, C. Steven Bradford

Nebraska College of Law: Faculty Publications

This is a story of parallels-two cases decided by the United States Supreme Court eleven years apart, one now overruled, the other unchallenged for over twenty-five years. Both cases are important federal securities law decisions, but substantively they are quite different. In Wilko v. Swan, a 1953 decision, the Supreme Court held that predispute agreements to arbitrate claims arising under the Securities Act of 1933 (1933 Act) were unenforceable because arbitration would not adequately protect the rights the 1933 Act gave injured investors. In J.I. Case Co. v. Borak, decided in 1964, the Court held that persons injured …

Conflict Of Laws And The Attorney-Client Privilege: A Territorial Solution, Steven Bradford

Nebraska College of Law: Faculty Publications

Choice-of-law issues have always been among the most difficult legal issues. Legal questions that are difficult when only one state is involved become herculean when a choice must be made from among the different laws of several jurisdictions. The difficulty of conflicts law is increased by the theoretical quarrels among courts and scholars. Scholars and judges are unable to agree on an underlying theory of choice of law, much less the result in particular cases. A number of different approaches compete for attention, producing an eclectic body of case law.

Originally, "vested rights" territorialism dominated choice of law. Courts applied …

Wake Up And Die Right: The Rationale, Standard, And Jurisprudential Significance Of The Competency To Face Execution Requirement, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Contemporary American criminal law prohibits the execution of those who are not competent to face execution. The state cannot execute convicted offenders, including those who have been sentenced to death for capital crimes under valid law and through acceptable procedures, unless those offenders are competent at the time of execution. Although this requirement applies in all states that practice the death penalty and traces its heritage deep into the common law, its exact formulation remains controversial as does the appropriate rationale and the corresponding procedure.'

Five identifiable questions have troubled courts and commentators. First, what rationale justifies this requirement? Second, …

The Psychotherapist's Duty To Protect The Public: The Appropriate Standard And The Foundation In Legal Theory And Empirical Premises, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Several states have established a duty on the part of psychotherapists to protect the public from harm caused by their dangerous patients. The Supreme Court of California initially articulated this duty in the widely discussed Tarasoff case where the court stated:

When a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. This discharge of this duty may require the therapist ... to warn the intended victim or others... to …

The Re-Emergence Of Public Support For Rehabilitative Treatment In Prisons, Victoria Lynn Penley

Theses Digitization Project

No abstract provided.

Book Review. Law's Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Correspondence: 1991 Sexual Harassment Committee And Task Force, American Society Of Criminology. Division On Women And Crime, Carole Garrison, Del Elliot

Division on Women and Crime Documents and Correspondence

No abstract provided.

General Correspondence, 1991 Between Dwc Chairs And Members Of The Executive Board, Committees And Task Forces., American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

Topics include summaries of conference meetings and discussions, reviews of DWC agendas and committee assignments, the National Institute of Justice (NIJ) research/evaluation plan in 1991

1991 General Correspondence, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

Primarily incoming and outgoing letters between DWC chairs and members of the Executive Board, Committees and Task Forces. Topics include summaries of conference meetings and discussions, reviews of DWC agendas and committee assignments, the National Institute of Justice (NIJ) research/evaluation plan in 1991

Fourth Amendment--Protection Against Unreasonable Search And Seizure: The Inadequacies Of Using An Anonymous Tip To Provide Reasonable Suspicion For An Investigatory Stop, Orrin S. Shifrin

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--Protective Sweep Doctrine: When Does The Fourth Amendment Allow Police Officers To Search The Home Incident To A Lawful Arrest, Mark J. Sifferlen

Journal of Criminal Law and Criminology

No abstract provided.

Federal Criminal Sentencing: Some Measurement Issues With Application To Pre-Guideline Sentencing Disparity, William Rhodes

Journal of Criminal Law and Criminology

No abstract provided.

Why Do I Like Broccoli, Maurice B. Jr. Cohill

Journal of Criminal Law and Criminology

No abstract provided.

Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg

Journal of Criminal Law and Criminology

No abstract provided.

Aristotle's Paradox And The Self-Incrimination Puzzle, George C. Ii Thomas, Marshall D. Bilder

Journal of Criminal Law and Criminology

No abstract provided.

Specifying Criminalization Of The Mentally Disordered Misdemeanant, Ellen Hochstedler Steury

Journal of Criminal Law and Criminology

No abstract provided.

Notes On The Structure Of A Theory Of Excuses, Michael Corrado

Journal of Criminal Law and Criminology

No abstract provided.

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Journal of Criminal Law and Criminology

No abstract provided.