Social and Behavioral Sciences Commons^™

A Republican Agenda For Hobbesian America?, Elizabeth B. Mensch, Alan Freeman

Journal Articles

No abstract provided.

Of Chickens And Eggs−−The Compatibility Of Moral Rights And Consequentialist Analyses, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Philosophers are accustomed to thinking of moral rights and consequentialist analyses as fundamentally incompatible. They frequently debate cases--both hypothetical and real--in which rights and consequences are in conflict. For example, suppose an innocent child knows the whereabouts of a terrorist who has planted a nuclear bomb in a city. Would it be permissible to violate the child's moral right to be free from torture, if this was the only way to save millions of innocent lives? If this is permissible, then do not moral rights yield to concerns about consequences? Or suppose that a community incorrectly believes that an innocent …

The Serpent Strikes: Simulation In A Large First-Year Course, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

Simulation in legal education has come of age. Once confined to moot court exercises and trial practice offerings, simulation is now accepted, in principle, as a legitimate method of instruction in many types of courses. Every recent volume of the Journal of Legal Education has included at least one article on simulation, and in the past few years published works have offered the community of law teachers advice on using simulation to teach administrative law, contracts, constitutional law, bankruptcy, civil procedure, pretrial litigation, legislation, the "lawyering" process, and, of course, negotiation. These writings have helped to make simulation an accessible …

Post-Chicago Law And Economics, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This is not another "law-and-econ" bashing symposium. Nor is the symposium's title intended to denigrate Chicago School law and economics any more than the term "Post-Keynesian economics" was intended to denigrate the work of John Maynard Keynes. Instead, this symposium marks the fact that many practitioners of law and economics have moved well beyond the stereotypes familiar to most legal academics. Rather than designating an entirely new school of thought, the term "Post-Chicago law and economics" refers to a new era in which a variety of new questions about law and lawmaking is being asked and a variety of promising …

Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan

Articles by Maurer Faculty

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a …

Criminal Justice, Jim Thomas

Journal of Legal Education

No abstract provided.

Ua12/2/1 Magazine, Wku Student Affairs

WKU Administration Documents

Special magazine edition of the College Heights Herald.

• Poore, Chris. The Jovial Judge – District Court Judge Tom Lewis
• White, Douglas. Dealing with Death
• White, Douglas. Hospice Eases Death Crisis
• Albrecht, Dana. Friends Forever – short story

Title Vii And The Age Discrimination In Employment Act: Should Partners Be Protected As Employees?, Colleen E. Medill

Nebraska College of Law: Faculty Publications

In deciding whether a state law partner is an "employee" under Title VII or the ADEA, the test proposed by this Comment is as follows: (1) Did the partnership agreement create an "expulsion power" in favor of the partnership? If so, a rebuttable presumption exists that the partner is an "employee." (2) Assuming the partner cannot be expelled without cause, is this an "expendable partner?" Could the partnership afford to pay the partner the value of his partnership interest if he decides to leave? If so, a rebuttable presumption arises that the partner is an employee.

This test has several …

Protecting Shareholders From Themselves? A Policy And Constitutional Review Of A State Takeover Statute, C. Steven Bradford

Nebraska College of Law: Faculty Publications

American business in the last twenty-five years has experienced an explosion in the number of hostile corporate takeovers. Attempts to acquire billion-dollar companies are becoming commonplace. Smaller takeovers barely attract the attention of the financial press. The likelihood of a tender offer has become another everyday concern of management, as much a part of the business landscape as sales figures and profit margins.

Proponents of hostile corporate takeovers argue that such takeovers generally benefit society and corporate shareholders. They provide a way to discipline the management of companies which are operating inefficiently or not returning the full value of their …

Returning To M'Naghten To Avoid Moral Mistakes: One Step Forward, Or Two Steps Backward For The Insanity Defense, Robert F. Schopp

Nebraska College of Law: Faculty Publications

The history of the not guilty by reason of insanity (NGRI) defense has been characterized by an extended search for a satisfactory standard. For many years, the M'Naghten test was the standard applied by the majority of courts in the United States. The M'Naghten test has been widely criticized, however, as being too narrow, over-emphasizing the cognitive aspect of personality, and artificially restricting the scope of expert testimony. In 1955, the American Law Institute (ALI) proposed an alternative standard as part of its Model Penal Code. Since that time, there has been a marked trend in many jurisdictions from the …

Supervisory Power Meets The Harmless Error Rule In Federal Grand Jury Proceedings, Rebecca Ann Mitchells

Journal of Criminal Law and Criminology

No abstract provided.

Unpleasant Facts: The Supreme Court's Response To Empirical Research On Capital Punishment, Phoebe C. Ellsworth

Book Chapters

Slowly at first, and then with accelerating frequency, the courts have begun to examine, consider, and sometimes even require empirical data. From 1960 to 1981, for example, use of the terms "statistics" and "statistical" in Federal District and Circuit Court opinions increased by almost 15 times.1 Of course, citation rates indicate only that a topic is considered worthy of mention, not that it is taken seriously, or even understood. Nonetheless, in a number of areas, such as jury composition and employment discrimination, the courts have come to rely on empirical data as a matter of course.

In the last 25 …

Comparative Analysis Of Illinois Juvenile Judges: 1965 Vs. 1987, Gerald T. Cyrkiel

All Capstone Projects

This study will examine the relationship between the current system of educating juvenile court judges and the changes which are necessary to improve the realm of juvenile justice.

This study will describe the current education programs which are presently available for juvenile court judges in the United States. In order to provide a view of the education and experience of a group of juvenile court judges, a sample of Illinois juvenile court judges will be surveyed as to educational background, occupational experience related to youth, and attendance at national and local education programs for juvenile court judges. The findings of …

1988 Correspondence Committee., American Society Of Criminology. Division On Women And Crime, Elizabeth A. Stanko, Kathy Daly, Marie Andree Bertrand, Coramae Mann

Division on Women and Crime Documents and Correspondence

Curriculum Guides

A Practical Reference For Students, Parents, And District Employees For The Governing Of Sterling Middle School, Debra J. Lacy

All Graduate Projects

A study was conducted of several aspects of Washington State Law, including portions of the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), plus an in-depth study on search and seizure rights of the school. The search and seizure study was limited to locker searches by school personnel. The study primarily included relevant aspects of school attendance, bus behavior, corporal punishment, student discipline, student and school property, student dress, search and seizure, and first amendment issues (i.e., publications by students). From this study, an in-depth handbook was produced for use by school administrators and students of Sterling Middle …

1988 Dwc Membership And Mailing Lists, American Society Of Criminology. Division On Women And Crime.

Division on Women and Crime Documents and Correspondence

Membership list of DWC members, 1988

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Crime Severity And Criminal Career Progression, Kimberly L. Kempf

Journal of Criminal Law and Criminology

No abstract provided.

Fifth Amendment--Validity Of Waiver: A Suspect Need Not Know The Subjects Of Interrogation, Gregory E. Spitzer

Journal of Criminal Law and Criminology

No abstract provided.

Eighth And Fourteenth Amendments--The Death Penalty Survives, Anderson E. Bynam

Journal of Criminal Law and Criminology

No abstract provided.

Not-So-Noble Lie: The Nonincorporation Of State Consenual Surveillance Standards In Federal Court, Jonathan Turley

Journal of Criminal Law and Criminology

No abstract provided.

Against Police Interrogation--And The Privilege Against Self-Incrimination, Donald A. Dripps

Journal of Criminal Law and Criminology

No abstract provided.

First Amendment--The Objective Standard For Social Value In Obscenity Cases, Lorri Staal

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--Requiring Probable Cause For Searches And Seizures Under The Plain View Doctrine, Elsie Romero

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--Work-Related Searches By Government Employers Valid On Reasonable Grounds, E. Miles Kilburn

Journal of Criminal Law and Criminology

No abstract provided.

Fifth, Sixth, And Fourteenth Amendments-A Constitutional Paradigm For Determining The Admissibility Of Hypnotically Refreshed Testimony, Francis P. Kuplicki

Journal of Criminal Law and Criminology

No abstract provided.

Fifth And Fourteenth Amendments--Defining The Protections Of The Fifth And Fourteenth Amendments Against Self-Incrimination For The Mentally Impaired, Michael R. Pace

Journal of Criminal Law and Criminology

No abstract provided.

Sixth Amendment--The Co-Conspirator Exemption To The Hearsay Rule: The Confrontation Clause And Preliminary Factual Determinations Relevant To Federal Rule Of Evidence 801(D)(2)(E), Julie Hanusa

Journal of Criminal Law and Criminology

No abstract provided.

Sixth Amendment--Confrontation And The Use Of Interlocking Confessions At Joint Trial, Jonathan J. Krit

Journal of Criminal Law and Criminology

No abstract provided.

Sixth Amendment--Death Qualification Of The Jury: Process Is Permissible Where Defendant Does Not Face Death Penalty, Barbara J. Whisler

Journal of Criminal Law and Criminology

No abstract provided.