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The Honest Scientist's Guide To Dna Evidence, Richard O. Lempert

Articles

The honest scientist recognizes that she herself is a test instrument, and a fallible one at that. Subjectivity inescapably enters into any human endeavor, and should not be denied. DNA testing is rife with subjective elements, no place more so than at the crucial stage of deciding whether a match exists. On the one hand, non-matching extraneous bands may sometimes be properly disregarded and patterns that do not quite meet objective matching criteria may be appropriately regarded as incriminatory matches. On the other hand, band patterns that do meet objective matching criteria may be treated as exonerative depending on how …

Destructive Hostility: The Jeffrey Dahmer Case: A Psychiatric And Forensic Study Of A Serial Killer, Jeffrey Jentzen, George Palermo, L. Thomas Johnson, Khang-Cheng Ho, K. Alan Stormo, John Teggatz

School of Dentistry Faculty Research and Publications

We were involved as forensic experts in the case of the serial killer Jeffrey Dahmer. We discuss the scene and victim autopsy findings, with a brief consideration of the basic emotion of hostility. These findings support the thesis that at the basis of this serial killer's behavior were primary unconscious feelings of hate that he had channeled into a sadistic programmed destruction of 17 young men. The interview of the serial killer, the photographic scene documentation, and the autopsy findings stress the ambivalent homosexuality of the killer, his sexual sadism, his obsessive fetishism, and his possible cannibalism and necrophilia.

1994 Division Meeting Minutes And Correspondence., American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Correspondence Related To The Dwc Resource Guide, Nicole H. Rafter

Division on Women and Crime Documents and Correspondence

No abstract provided.

Divisionews (Fall 1994/ Vol. 8 No. 1), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

American Society of Criminology. Division on Women and Crime

The Reliability Of Self-Reported Drug Use Measured Through The Drug Use Forecasting Program: A Multi-Trait Assessment, Charles M. Katz

Student Work

The majority of drug use data obtained by researchers thus far has been generated through the use of self-reports and urinalyses. In fact, such methods are often the only way to accurately identify individuals who use drugs. There has only been a minimal amount of research concerning the reliability of the self-reported drug use among arrestees in the Drug Use Forecasting (DUF) program. The purpose of this paper is to present initial evidence on the reliability of self-reported interview data when compared to urinalysis, and to give a detailed description of the variables associated with the accuracy of self-reports. The …

A Comparative Study Of Black And White Girls' Delinquency, Kenya Larae Covington

Sociology & Criminal Justice Theses & Dissertations

In this research, I examined the similarities and differences between black and white female delinquents. A secondary analysis of the Survey of Youth in Custody, 1987 data was utilized to answer the following research questions: (1) What factors contribute to each group's delinquency the most? (2) Are the factors that contribute to black girls' delinquency significantly different from those factors that contribute to white girls' delinquency? The study was guided by previous research on race and female delinquency, girls' victimization, the role of the family and school performance. The independent variables victimization, family structure, family function and school performance were …

Inhalant Abuse In The Pacific Islands: Gasoline Sniffing In Chuuk, Federated States Of Micronesia, Mac Marshall, Rocky Sexton, Lee Insko

Pacific Studies

No abstract provided.

No-Fault Marital Dissolution: The Bitter Triumph Of Naked Divorce, J Herbie Difonzo

San Diego Law Review

In this Article, the author examines the origins of the no-fault divorce movement, concluding that the abandonment of fault grounds was conceived as a conservative measure intended to facilitate the reversal of the escalating divorce rate and to replace traditional marital dissolution with therapeutic divorce. This reform collapsed at mid-point, achieving only the jettisoning of divorce grounds. The author argues that an unintended consequence of the reform battle was the transformation from mutual consent divorce, the operating milieu for most of the twentieth century, into divorce on demand. The author concludes that this transformation has resulted in a significant loss …

Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert

Articles

Throughout her useful paper on DNA identification, Professor Roeder properly attends to both theory and practice. Thus she acknowledges the theoretical soundness of certain criticisms that have been made of the standard paradigm used to evaluate DNA random match probabilities but argues that in practice these criticisms matter little. I am thinking here of the arguments that those cautioning against overweighing DNA evidence have made regarding the undeniable existence of population substructure and its potential implications for independence assumptions supporting the application of the product rule and for the use of convenience samples, such as data garnered from no more …

Standing Firm, On Forbidden Grounds, Richard A. Epstein

San Diego Law Review

This introductory Article to the Title VII Symposium contained in this issue of the San Diego Law Review addresses the critiques leveled at the book Forbidden Grounds: The Case Against Employment Discrimination Laws. Richard Epstein, the author of the book, recognizes the disagreement expressed in the Articles in the Symposium, and attempts to defend his thesis in this Article. He argued in Forbidden Grounds that the best set of overall social outcomes would come from eliminating antidiscrimination laws which prohibit employer discrimination on the grounds of race, creed, sex, age, handicap, or anything else. In this Article, he addresses several …

Alternative Grounds: Epstein's Discrimination Analysis In Other Market Settings, Ian Ayres

San Diego Law Review

This Article focuses on how Richard Epstein's discrimination analysis in his book Forbidden Grounds: The Case Against Employment Discrimination Laws plays out in four other market contexts. The author analyzes historical labor markets (circa 1964), public accommodations, housing, and new car markets. He concludes that applying Epstein's theory to these different market settings exposes limitations of Epstein's analysis.

Licensing Laws: A Historical Example Of The Use Of Government Regulatory Power Against African Americans, David E. Bernstein

San Diego Law Review

This Article addresses how the legacy of government policy has been a large factor in the economic subjugation of black Americans between Reconstructionist and the modern Civil Rights era. Specifically, this Article displays how white interest groups used occupational licensing laws to stifle black economic progress, and how these laws were used to prevent blacks from competing with established white skilled workers. The author notes that Richard Epstein with his book Forbidden Grounds: The Case Against Employment Discrimination Laws has done the legal community a great service by reminding it that the source of some of the economic disparity between …

Lonely Libertarian: One Man's View Of Antidiscrimination Law, Lea Brilmayer

San Diego Law Review

In his book Forbidden Grounds: The Case Against Employment Discrimination Laws, Richard Epstein attacks antidiscrimination law from three different philosophical points of view: utilitarian, libertarian, and freedom of contract. The author of this Article addresses each of these philosophies, and argues that none of these arguments is compelling as applied to a legal regime as popular as Epstein admits core antidiscrimination law to be. This Article points out inconsistencies in Epstein's view of the public's acceptance of antidiscrimination laws as being silly.

Market Affirmative Action, Robert Cooter

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …

Reality, Drew S. Days, Iii

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …

The Discrimination Shibboleth, Andrew Kull

San Diego Law Review

This Article explores a more conservative viewpoint than Richard Epstein's view that all employment antidiscrimination laws should be repealed in his book Forbidden Grounds: The Case Against Employment Discrimination. This Article focuses on the distinctions between current antidiscrimination laws and those of the Civil Rights Act of 1964. While the Civil Rights Act of 1964 prohibited discrimination on the basis of race and sex, current laws prohibit discrimination on many other grounds. The author argues that these new laws constitute new policy choices, and they impose more costs than the traditional laws.

Epstein On His Own Grounds, Richard H. Mcadams

San Diego Law Review

This Article criticizes Richard Epstein's thesis in his book Forbidden Grounds: The Case against Employment Discrimination. The Article argues that Epstein fails to follow through on his own terms. The author expresses disagreement with Epstein's invocation of Thomas Hobbes without considering the Hobbesian argument for Title VII. Mr. McAdams also notes that Epstein relies on economic analysis without disclosing its dependence on controversial empirical assumptions. The author uncovers Epstein's other inconsistencies: his empirical claims, particularly about social norms, where Epstein does not apply the standards of criticism to supporting evidence that he applies to contrary evidence.

Learning To Love Japan: Social Norms And Market Incentives, J. Mark Ramseyer

San Diego Law Review

This Article applies Japanese market behavior to Richard Epstein's theories in his book Forbidden Grounds: The Case Against Employment Discrimination. The author uses Japan to argue that economic incentives need not matter, and that whatever incentives markets and laws may provide, people may still ignore them. This Article suggests that if independent social norms can sustain systematically unprofitable behavior in Japan, then maybe they would have sustained Jim Crow policies in the American south. If Japanese routinely ignore economic incentives to perpetuate social norms, then whites might have ignored the market advantage to hiring African Americans and discriminated against their …

Epstein's Challenge To The Civil Rights Regime, W. B. Allen

San Diego Law Review

This Article takes a close look at the government's determination of the substantive meaning of nondiscrimination in order to better evaluate the relation between the current practice of the civil rights regime and the alternative suggested by Richard Epstein in his book Forbidden Grounds: The Case Against Employment Discrimination Laws. It also analyzes the "limit condition view" of government, namely that the government may in no way discriminate, and everyone cannot be prevented from discriminating. The author concludes that defenders of the civil rights regime must engage Epstein's argument, because failing to do so will be to fail either to …

Epstein's Premises, Evan Tsen Lee

San Diego Law Review

This Article criticizes Richard Epstein's argument that Congress should repeal Title VII expressed in his book Forbidden Grounds: The Case Against Employment Discrimination. The author's criticisms of Epstein's argument are the product of disagreement with some of Epstein's premises, and disagreement with some of Epstein's choices about where to stop his analyses. The author disputes Epstein's premise that governmental intervention into otherwise accessible markets is justifiable only in cases of force or fraud. The author also notes some of Epstein's empirical suppositions that are inconsistent with one another.

Was The Corruption Of Civil Rights Law Inevitable, Christopher T. Wonnell

San Diego Law Review

This Article accepts Richard Epstein's premise that civil rights laws have become corrupt set forth in his book Forbidden Grounds: The Case Against Employment Discrimination. Once this corruption is recognized, this Article asks two questions about the change in focus of the antidiscrimination laws: (1) Was it inevitable that the antidiscrimination laws would follow this course?; and (2) If it was inevitable, should we live with the resulting costs, or bite the bullet and repeal antidiscrimination laws in the private economy? This Article discusses considerations pertinent to such answers.

As I Lay Writing: How To Write Law Review Articles For Fun And Profit: A Law-And-Economics, Critical, Hermeneutical, Policy Approach And Lots Of Other Stuff That Thousands Of Readers Will Find Really Interesting And Therefore You Ought To Publish In Your Prestigious, Top-Ten, Totally Excellent Law Review, C. Steven Bradford

Nebraska College of Law: Faculty Publications

You've made it onto a law faculty, and you're wondering what to do. Teaching obviously isn't going to occupy much of your time. You prepare your notes the first year, and you're home free. To fill the gap in your life, why not publish something in a law review?

Publishing an article in a law review is an honor and a privilege. "[L]aw reviews hold a special place of trust and importance in the legal system and in society"; they "play a vital role in the preservation of society." Most important, they make it much easier for a law professor …

Regulation A And The Integration Doctrine: The New Safe Harbor, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Critics have long charged that the Securities Act of 1993 (Act) and the Securities and Exchange Commission (SEC), which administers the Act, are insensitive to the capital formation needs of small businesses. The Act's regulatory regime, it has been argued, is too rigid and expensive and discourages or precludes small businesses from selling securities. In 1992, in reaction to such criticism, the SEC proposed a variety of rule changes designed "to facilitate capital raising by small businesses and reduce the compliance burdens placed on these companies by the federal securities laws." Among these "small business initiatives," adopted in the summer …

Battered Woman Syndrome, Expert Testimony, And The Distinction Between Justification And Excuse, Robert F. Schopp, Barbara J. Sturgis, Megan Sullivan

Nebraska College of Law: Faculty Publications

Robert Schopp and his coauthors, Barbara Sturgis and Megan Sullivan, discuss the practical effects and the viability of the battered woman syndrome as a support for self-defense. The authors detail the conflict inherent in demonstrating the "reasonableness" of the defendants' actions through the premise that she was psychologically impaired. They argue that current research on battered women does not show key characteristics posited by the theory. The authors conclude that, use of the syndrome to support a legal defense is misleading and may harm the credibility of women in their claims of self-defense.

Who Wants To Stop The Church: Homosexual Rights Legislation, Public Policy, And Religious Freedom, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Religions that make peace with the spirit of the age have little to fear from the rulers of the day. But believers who refuse to adapt their religious practices to the Zeitgeist are vulnerable under Smith, unless the Court decides to protect religious pluralism by giving full scope to Smith's exceptions.

I have tried to show that homosexual rights legislation imposes heavy costs on the right of employers and landlords to take character into account when making business decisions. These costs are particularly heavy when borne by religiously-motivated persons, who are declared outlaws merely for trying to obey God …

Institutionalizing A New Legal System In Deng's China, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

A Study Of Employee Theft In Hospitals, Elena Castillo-Pekarcik

Theses Digitization Project

No abstract provided.

An Investigation Of Socio-Psychological Factors That Influence Adolescent Gang Membership, Tanja Ballinger

Theses Digitization Project

The purpose of this study was to identify socio-psychological differences in youths who may be at risk to joining gangs.

Comparisons Of Inmate Offense Severity Ratings And Attitudes Toward Rehabilitation, Henry William Provencher

Theses Digitization Project

This thesis examines the attitudes and rehabilitative potential of female inmates in a California state women's prison.