Legal Studies Commons^™

Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness

Journal of Criminal Law and Criminology

No abstract provided.

Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran

Journal of Criminal Law and Criminology

No abstract provided.

Mitigating The Dangers Of Capital Convictions Based On Eyewitness Testimony Through Treason's Two-Witness Rule, Monika Jain

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

The Theory Of Law As Literature, Dennis Patterson

Buffalo Law Review

Book review of Guyora Binder & Robert Weisberg's Literary Criticisms of Law

Bankruptcy Court Jurisdiction And Agency Action: Resolving The Nextwave Of Conflict, Rafael I. Pardo

Scholarship@WashULaw

This Comment criticizes a pair of decisions by the United States Court of Appeals for the Second Circuit, FCC v. NextWave Personal Communications, Inc. (In re NextWave Personal Communications, Inc.) and In re FCC, which held that a bankruptcy court lacks jurisdiction to determine whether the Federal Communications Commission is stayed from revoking a debtor's licenses. The Comment argues that the Second Circuit interpreted the bankruptcy court's jurisdiction too narrowly because it failed to distinguish properly between an agency's action as a creditor and as a regulator. It concludes that bankruptcy courts and courts of appeals have concurrent jurisdiction to …

The Supreme Court Justice And "Boring" Cases, Neil M. Richards

Scholarship@WashULaw

This is a short essay discussing the phenomenon of boring cases at the Supreme Court. It examines two letters written by Supreme Court Justices to sick colleagues–a 1903 letter from Chief Justice E.D. White to William Day, and a 1941 letter from William O. Douglas to Hugo Black. The essay argues that one true and underappreciated measure of the worth of a Supreme Court Justice is not merely their ability to be (or at least appear to be) brilliant in the once-a-decade blockbuster cases. Instead, in selecting Supreme Court Justices, we should look just as much at their ability to …

The Changing Nature Of Federal Regulation - Dedications, Joel Seligman

Scholarship@WashULaw

In 1911 the failure of state corporation statutes to prevent securities fraud gave rise to the first significant legislative response when Kansas enacted the first well known state securities law. The law was popularly known as a “blue sky” law, because its intention was to check stock swindlers so barefaced that they “would sell building lots in the blue sky.”

After the U.S. Supreme court held that the blue sky law was constitutional in 1917, the blue sky movement swept the country. By 1933 every state except Nevada had a state securities law in effect.

The Nontrial Adversarial Model: Complex Litigation At The Millennium, Joel Seligman

Scholarship@WashULaw

During the past two decades, a non-trial adversarial model has evolved for deciding private securities law claims. Underlying this evolution are three different types of dynamics: (1) a dramatic growth in the size of securities class actions, epitomized by the Washington Public Power Supply System litigation of the 1980s and the Court’s approval of the fraud-on-the-market presumption, rather than a requirement of individual proof of fraud, in Basic, Inc. v Levinson; (2) a significant growth in the cost and litigation leverage of discovery; and (3) a fundamental shift in the political orientation of Congress in securities litigation, illustrated by the …

Sentencing Eddie, Gerard E. Lynch

Faculty Scholarship

The mandatory minimum sentences attached to federal narcotics violations have come in for plenty of criticism. The United States Sentencing Commission in 1991 submitted a lengthy report critical of the mandatory minimum provisions. A political protest organization, Families Against Mandatory Minimums, has been formed, and has gotten some media attention. Newspaper columnists,professional commentators, judges, and academics, have criticized the statutes. Amidst the controversy over President Clinton's last-minute pardons of various offenders, his pardons of a number of marginal defendants sentenced to lengthy terms under these statutes have drawn little or no objection. Even Chief Justice Rehnquist, a strong voice for …

Why (Not) Vote?, St Mary's University

President's Peace Commission - Programs

The President’s Peace Commission existed from 1984 to 2013 at St. Mary's University. The Commission fostered an ethical commitment to participate in the establishment of world peace and social justice.

This program is about voting, foreign policy and the US presidential election.

Broadly Speaking - October, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Juvenile Gangs In Schools: Characteristics, Causes, And Possible Solutions, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this seminar is to acquaint participants with the ever-changing characteristics, often conflicting issues of causation, and various proposed solutions to the myriad of problems associated with gangs in schools. Special attention is given to the evolving nature of gangs in K-12 educational institutions (e.g., new types of juvenile groups developing and their associated behavior). Traditional subjects such as gang recruitment, initiation, and criminal activity are examined by discussing the many ways they manifest themselves in the school setting. Finally, a conceptual framework is presented by which a school can identify, understand, and begin to address a potential …

Helping Children Through The Juvenile Justice Syste: A Guide For Utah Defense Attorneys, Paul Wake

Brigham Young University Journal of Public Law

No abstract provided.

Broadly Speaking - May, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Foreword, John M. Rogers

San Diego International Law Journal

It is thus an exciting time of change for lawyers of all kinds, a time in which the University of San Diego School of Law has seized the day to inaugurate an outstanding journal on international and comparative law.... This inaugural volume treats issues at the core of how the international legal system is changing, and responding to change.

Broadly Speaking - April, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.

United States V. Singleton And The Witness Gratuity Statute: What Is The Best Approach For The Criminal Justice System?, Melissa W. Rawlinson

Brigham Young University Journal of Public Law

No abstract provided.

The Dead End Of Deterrence, And Beyond, Kyron Huigens

William & Mary Law Review

No abstract provided.

Broadly Speaking - February, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Perceived Risk Of Aids Among Prisoners Following Educational Intervention, Angela D. Crews, Randy Martin

Criminal Justice Faculty Research

A pre/post quasi-experimental design was used to assess the impact of one state's AIDS education program on male (N = 75) and female (N= 65) inmates' perceived risk of HIV infection on the street and in prison. Post-test only comparison groups of male and female inmates were evaluated to control for the threat of testing. T-tests for paired samples were used to determine whether any significant changes occurred within groups (male & female), and t-tests for independent samples were used between groups to determine whether males or females experienced the greatest magnitude of change. Multiple regression analyses explored the …

Public Law 280 And The Indian Gaming Regulatory Act: Could Two Wrongs Ever Be Made Into A Right, Daniel Twetten

Journal of Criminal Law and Criminology

No abstract provided.

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.

Deontology At The Threshold, Larry Alexander

San Diego Law Review

In his 1989 law review article, Torture and the Balance of Evils,' later republished as Chapter Seventeen in Placing Blame, Michael Moore declares himself to be a "threshold deontologist." What he means is this: There are some acts that are morally wrong despite producing a net positive balance of consequences; but if the positive balance of consequences becomes sufficiently great-especially if it does so by averting horrible consequences as opposed to merely making people quite well off-then one is morally permitted, and perhaps required, to engage in those acts that are otherwise morally prohibited. Thus, one may not kill or …

Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders

San Diego Law Review

In response to the myriad new methods of copying that are emerging from the ongoing digital revolution, Congress has enacted several amendments to copyright law.' These statutes have sought to protect copyright holders in the digital age without chilling the development of new technologies or interfering with consumer access to copyrighted works. Specifically, the Audio Home Recording Act of 1992 ("AHRA") recognized the tremendous potential for piracy created by consumer access to digital audio recording devices. The purpose of the AHRA is not only to prevent infringing acts, but also to compensate copyright holders for the inevitable instances of illicit …

Conditional Intent To Kill Is Enough For Federal Carjacking Conviction, Chris Norborg

Journal of Criminal Law and Criminology

No abstract provided.

Deceit And The Classification Of Crimes: Federal Rule Of Evidence 609 (A)(2) And The Origins Of Crimen Falsi, Stuart P. Green

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Don't Accept Rides From Strangers: The Supreme Court Hastens The Demise Of Passenger Privacy In American Automobiles, Daniel J. Hewitt

Journal of Criminal Law and Criminology

No abstract provided.