Legal Studies Commons^™

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.

Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

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.

Justifying Searches On The Basis Of Equality Of Treatment, Robert L. Misner

Journal of Criminal Law and Criminology

No abstract provided.

The Problem Of Motive In Hate Crimes: The Argument Against Presumptions Of Racial Motivation, James Morsch

Journal of Criminal Law and Criminology

No abstract provided.

Foreword--Evidence, Inference, Rules, And Judgment In Consitutional Adjudication: The Intriguing Case Of Walton V. Arizona, Ronald J. Allen

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--Eliminating The Inadvertent Discovery Requirement For Seizures Under The Plain View Doctrine, Richard J. Hall

Journal of Criminal Law and Criminology

No abstract provided.

Search Warrants, Motions To Suppress And Lost Cases: The Effects Of The Exclusionary Rule In Seven Jurisdictions, Craig D. Uchida, Timothy S. Bynum

Journal of Criminal Law and Criminology

No abstract provided.

Felony Punishments: A Factorial Survey Of Perceived Justice In Criminal Sentencing, Joann L. Miller, Peter H. Rossi, Jon E. Simpson

Journal of Criminal Law and Criminology

No abstract provided.

Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--Search And Seizure Of Property Abroad: Erosion Of The Rights Of Aliens, Leonard X. Rosenberg

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--The Constitutionality Of A Sobriety Checkpoint Program, Bryan Scott Blade

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--Toward Police Discretion In Determining The Scope Of Administrative Searches, Clayton E. King

Journal of Criminal Law and Criminology

No abstract provided.