Legal Studies Commons^™

Witte V. United States: Double Jeopardy And The United States Sentencing Guidelines, Elizabeth J. Wiet

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Deterrence And The Death Penalty: The Views Of The Experts, Michael L. Radelet, Ronald L. Akers

Journal of Criminal Law and Criminology

No abstract provided.

Juror Reactions To Attorneys At Trial, Shari Seidman Diamond, Jonathan D. Casper, Cami L. Heiert, Anna-Maria Marshall

Journal of Criminal Law and Criminology

No abstract provided.

Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard J. Bonnie, Norman G. Poythress, Steven K. Hoge, John Monahan

Journal of Criminal Law and Criminology

No abstract provided.

Toward The Decentralization Of Criminal Procedure: State Constitutional Law And Selective Disincorporation, Barry Latzer

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

The Proportionality Review Of Capital Cases By State High Courts After Gregg: Only The Appearance Of Justice, Leigh B. Bienen

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Uncharted Leadership : A Study Of Leadership In The Judicial Branch, Kevin Donnelly

Honors Theses

This paper is the final product of a research oriented project in which I studied leadership within the federal judicial system, specifically the Supreme Court of the United States. This project was an in depth study of the amount, style, and effect of Leadership in the Judicial branch. Through this study I hoped to explore a major component of government which has somehow been ignored when studying leadership at the national level.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

A Study Of School Disturbance In The United States: A Twentieth Century Perspective, Part Two, Gordon A. Crews

Criminal Justice Faculty Publications

In 1989, President George Bush. and the Nation's fifty governors, held a historic education summit that culminated in the adoption of six National Education Goals. These six broad goals were intended to serve as a framework for future reform efforts. The sixth goal of the United States' National Educational Goals states:

By the year 2000, every school in America will be free of drugs and violence and will offer a disciplined environment conducive to learning. The stated objectives are: Every school will implement a firm and fair policy on use, possession, and distribution of drugs and alcohol. Parents, businesses, and …

Privacy Rights, Public Policy, And The Employment Relationship, Pauline Kim

Scholarship@WashULaw

Two well-established common law doctrines increasingly are coming into conflict. The first protects individuals from unreasonable intrusions on their privacy. The second authorizes an employer to fire its employees at will, unless a clear agreement exists to the contrary. As employees have begun to assert their common law right of privacy' in the workplace, their claims have collided headlong with the doctrine of employment at will.

Shopping For A Venue: The Need For More Limits On Choice, Kimberly Jade Norwood

Scholarship@WashULaw

In an earlier article, Professor Norwood questioned the wisdom of the Supreme Court's decision in Ferens v. John Deere Co., which allows plaintiffs to double forum-shop, i.e., to file a lawsuit in one jurisdiction and then, while retaining the advantages of that jurisdiction's laws, to transfer the lawsuit to the geographically preferred jurisdiction. There, Professor Norwood assumed that having choices about where to file lawsuits was a necessary component of America's judicial system. Below, however, Professor Norwood explores that assumption and concludes that parties should not have the unrestricted choices seemingly provided by most venue laws.

Constructing A Clinic, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The author addresses some basic structural questions that the clinic's supervisor or supervisors might think about when beginning to design or renovate a program. These include the goals of the proposed clinic; the number and qualifications of its teaching and support staff; the desired relationships among staff members; the subject matter of the clinic's cases; the duration of the clinic, the amount of course credit that students should receive for taking it, and the caseload per student; the grading system; the relationships between the students and the tribunals or other fora in which they will be practicing; how the clinic …

An Empirical Test Of The Rational Actor Theory Of Litigation, Donald R. Songer, Charles M. Cameron, Jeffrey A. Segal

Faculty Publications

This article examines the decisions of litigants in criminal cases to appeal decisions from the U.S. Courts of Appeals to the U.S. Supreme Court. Using a random sample of search and seizure cases from 1962 through 1990 and a measure of the likelihood that the appeals court decision will be reversed if cert is granted, we demonstrate that litigants behave as if they rationally consider costs and benefits in their decisions to appeal. Given the extraordinary number of cases decided by lower federal courts vis-g-vis the number of cases the Supreme Court can decide, we argue that such behavior is …

Attitude–Behavior Correspondence? Why Susan Smith Was Spared, Aubrey Immelman

Psychology Faculty Publications

This opinion column employs the Susan Smith child domestic homicide (maternal filicide) case to explore attitude–behavior correspondence. The article describes Richard LaPiere’s (1934) landmark study “Attitudes vs. actions” published in the journal Social Forces and Leonard Bickman's (1972) study “Environmental attitudes and actions” published in the Journal of Social Psychology.

An Assessment Of The Impact Of Intimate Victim-Offender Relationship On Sentencing In Serious Assault Cases, Laura J. Hickman

Dissertations and Theses

It is generally agreed that a criminal justice system reflects the values of the society within which it exists. The presence of patriarchal social values will likely affect the response of the criminal justice system to intimate violence. While the perpetration of violence against another is a violation of an important social norm, patriarchal values may function to discount the seriousness of such an act, if the violence is perpetrated by a man against his girlfriend or wife. This discount of seriousness may lead to less severe punishment for men who assault their intimates than to men who assault nonintimates. …

Indigent V. Non-Indigent Sex Offenders: An Analysis Of Sentencing In Clackamas, Multnomah And Washington Counties, Oregon, Dorelei Victoria Linder

Dissertations and Theses

The present paper is a descriptive study of sex offender sentencing in three Oregon counties in 1992. It examines the relationship between sentencing practices and indigent offenders. It focuses specifically on the question of offender indigent status and court ordered sex offender treatment. The study also provides information about the number of sex offenders in each of the three counties, how the offenders' sentences were determined by the courts through the use of the sentencing guidelines matrix, what type of plea was used, and what if any influence indigence had in the sentencing outcomes for the felony sex offenders in …

A Candidate Genetic Risk Factor For Vascular Disease: A Common Mutation In Methylenetetrahydrofolate Reductase, P. Frosst, H. J. Blom, R. Milos, P. Goyette, Christal A. Sheppard, R. G. Matthews, G. J.H. Boers, M. Den Heijer, L. A.J. Kluijtmans, L. P. Van Den Heuvel, Rima Rozen

Nebraska College of Law: Faculty Publications

Hyperhomocysteinaemia has been identified as a risk factor for cerebrovascular, peripheral vascular, and coronary heart disease. Elevated levels of plasma homocysteine can result from genetic or nutrient-related disturbances in the trans-sulphuration or re-methylation pathways for homocysteine metabolism. 5,10-Methylenetetrahydrofolate reductase (MTHFR) catalyzes the reduction of 5,10-methylenetetrahydrofolate to 5-methyltetrahydrofolate, the predominant circulatory form of folate and carbon donor for the re-methylation of homocysteine to methionine. Reduced MTHFR activity with a thermolabile enzyme has been reported in patients with coronary and peripheral artery diseases. We have identified a common mutation in MTHFR which alters a highly-conserved amino acid; the substitution occurs at a …

Judging Judgment: Assessing The Competence Of Mental Patients To Refuse Treatment, Grant H. Morris

San Diego Law Review

This Article concerns the due process requirements in determining a mental patient’s competency to make a decision refusing medical treatment. The Author discusses the California decision imposing a judicial hearing requirement and San Diego Superior Court rules for implementing this decision. The Author, a law-trained decision maker in hearings to determine mental patients’ competence to refuse medication, compiled a case report after each of his hearings. He presents and analyzes the data on the competency cases he decided and emphasizes the factors which may have influence his decisions. The Author argues that competency hearings should be conducted by law-trained decision …

United States V. Steinmetz: The Legal Legacy Of The Civil War, Revisited, Susan Poser, Elizabeth R. Varon

Nebraska College of Law: Faculty Publications

One of the enduring and yet unresolved issues concerning the Civil War is its legal nature: Was it an insurrection or an international war? During the war and since, the United States courts have repeatedly been called upon to determine the status of property which was under the control of the Confederacy and its agents during the Civil War. In the process of making such determinations, the courts have reopened questions about the war's legal status. United States v. Steinmetz is such a case.

Divisionews (Spring 1995/ Vol. 9, No. 1), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Fuzzifying The Natural Law—Legal Positivist Debate, Edward S. Adams, Torben Spaak

Buffalo Law Review

No abstract provided.

1995 Division On Women And Crime Membership List, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

List of Members

Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney

San Diego Law Review

This Article questions whether parents have a right to corporally punish their children, and if they do, how this right should be defined. The author argues that parents should not receive the heightened constitutional protection conferred by a fundamental right. She argues that the political process already adequately protects the interests of parents in disciplining their children. To the extent that the political process chooses to permit parents to administer reasonable corporal punishment, this Article proposes a five-part test that courts can use to determine whether an act of corporal punishment fits within that reasonableness standard. This test is more …

Harris V. Forklift Systems, Inc. Victory Or Defeat?, Laura Hoffman Roppe

San Diego Law Review

This Casenote analyzes the significance and potential effects of the decision in Harris v. Forklift Systems, Inc., a Supreme Court case decided in November 1993. This case promulgates a framework for analysis of "hostile environment" sexual harassment claims arising under Title VII of the Civil Rights Act of 1964. The author sets forth the historical backdrop of the case, as well as exploring and comparing the effect of the decision in general with the decision's effect in the Ninth Circuit in particular. The author concludes that the Harris case potentially reduces women's chances of winning sexual harassment claims in the …

Homosexual Rights And Citizen Initiatives: Is Constitutionalism Unconstitutional?, Richard F. Duncan, Gary L. Young

Nebraska College of Law: Faculty Publications

Grassroots initiatives like Amendment Two are the product of a populist revolt against restrictive homosexual rights laws. These initiatives are an attempt by the people to protect their basic civil liberties and to promote equal citizenship values. Homosexual rights legislation stigmatizes, marginalizes, and fences out groups and individuals who hold traditional beliefs about sexual morality. Citizen initiatives operate to remove this stigma and its harmful consequences by restoring government to a position of benign neutrality regarding competing visions of human sexuality.

When initiatives like Amendment Two are approved by vote of the people, they are likely to be challenged under …