People V. Guardino: Examined On Appeal In People V. Hecker,
2011
New York Law School Class of 2010
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
NYLS Law Review
No abstract provided.
Home Is Where The Crime Is,
2011
Brooklyn Law School
Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence
,
2011
Cleveland State University
Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel
Journal of Law and Health
The purpose of this paper is to merge two largely separate bodies of writing on the subject of psychiatric participation in capital punishment. Much has already been written from the perspective of legal academics regarding the rights of prisoners to be free from unwanted medical care if the purpose of providing such care is to render them fit for execution. Medical ethicists have also written much on the degree to which physicians, and specifically psychiatrists, may participate in facilitating the death penalty before they become so complicit as to violate accepted standards of professional ethics. Surprisingly, these two fields of …
Ohio's Aggressive Attack On Medical Identity Theft,
2011
Cleveland State University
Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball
Journal of Law and Health
This note explains the severity of medical identity theft and the state and federal legislative reactions to the problem. Specifically, the note discusses data breach notification statutes that require healthcare providers to notify consumers when the systems holding customer personal information are breached. The note concludes that Ohio’s data breach notification statute, which does not expressly cover healthcare providers, should be amended to protect residents from medical identity theft and provide redress when healthcare providers violate state law.
Illinois Abolishes The Death Penalty,
2011
Loyola University Chicago, School of Law
Illinois Abolishes The Death Penalty, Christina Mcmahon
Public Interest Law Reporter
No abstract provided.
Working With A Blank Check: The Cost Of Defense Or The Death Penalty Industry?,
2011
Loyola University Chicago, School of Law
Working With A Blank Check: The Cost Of Defense Or The Death Penalty Industry?, Coleen Thomas
Public Interest Law Reporter
No abstract provided.
The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus,
2011
New York Law School
The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo
NYLS Law Review
No abstract provided.
The Material Support Prosecution And Foreign Policy,
2011
University of Colorado Law School
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Publications
No abstract provided.
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence,
2011
University of Colorado Law School
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Publications
At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …
Incarcerated Motherhood,
2011
Touro University Jacob D. Fuchsberg Law Center
Incarcerated Motherhood, Duchess Harris Phd, Jd
Journal of Race, Gender, and Ethnicity
No abstract provided.
Apprendi Land Becomes Bizarro World: Policy Nullification And Other Surreal Doctrines In The New Constitutional Law Of Sentencing,
2011
FAMU College of Law
Apprendi Land Becomes Bizarro World: Policy Nullification And Other Surreal Doctrines In The New Constitutional Law Of Sentencing, Benjamin Priester
Journal Publications
Imagine a final exam essay answer in constitutional law premised upon the following doctrinal principles: (i) identical findings of fact that produce identical effects on the outcome of a decision should sometimes be constitutional and should sometimes be unconstitutional based on formalistic doctrinal lines unrelated to the substantive merits of the issue being decided; (ii) decision-makers should preferably give vague explanations grounded in moral philosophy rather than specific explanations connected to particular findings; (iii) appellate review of trial court decision-making is unconstitutional; and (iv) courts are entitled to substitute their own policy preferences for those enacted by the legislature on …
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises,
2011
University of Missouri - Kansas City, School of Law
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Faculty Works
No abstract provided.
Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech,
2011
Cleveland State University
Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston
Cleveland State Law Review
This note examines the history of scarlet letter punishments. These types of sanctions raise many constitutional concerns; this Note will specifically address First Amendment compelled speech. Different standards of constitutional review for First Amendment violations and probation conditions will also be discussed. The note will also explain how Ohio's special license plate violates the First Amendment. Because the license plate is a legislative requirement that infringes upon free speech and eliminates judicial sentencing discretion, the state's interest must pass strict scrutiny. This analysis will confirm that the state's interest is legitimate but not compelling. The special license plate fails to …
Responding To Political Corruption: Some Institutional Considerations,
2011
Case Western Reserve University School of Law
Responding To Political Corruption: Some Institutional Considerations, Jonathan L. Entin
Faculty Publications
This article, written for a conference on "The Scandal of Political Corruption and the Law’s Response," examines some institutional mechanisms (such as open-meetings laws and term limits) that are intended to prevent corruption and others (such as independent counsels, special prosecutors, and ethics commissions) that seek to punish corruption after the fact. The article assesses some of the legal and practical constraints of these devices and, relying on the insights of Durkheim and other social scientists, asks whether some minimum level of corruption might serve the function of helping to define and reinforce social norms and values.
Developing Standards Of Conduct For Prosecutors And Criminal Defense Lawyers,
2011
Fordham University School of Law
Developing Standards Of Conduct For Prosecutors And Criminal Defense Lawyers, Bruce A. Green
Faculty Scholarship
No abstract provided.
Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States,
2011
Skadden, Arps, Slate, Meagher & Flom LLP
Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner
NYLS Law Review
No abstract provided.
In Re Steven J. Lever,
2011
New York Law School Class of 2011
Jury Nullification, Race, And The Wire,
2011
Kelley Drye & Warren LLP
Jury Nullification, Race, And The Wire, James M. Keneally
NYLS Law Review
No abstract provided.
Fictionalized Criminal Law And Youth Legal Consciousness,
2011
New York Law School
Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman
NYLS Law Review
No abstract provided.
No Longer A Privileged Few: Expense Claims, Prosecution And Parliamentary Privilege,
2011
Georgetown University Law Center
No Longer A Privileged Few: Expense Claims, Prosecution And Parliamentary Privilege, Yvonne Tew
Georgetown Law Faculty Publications and Other Works
THE publication of the expenses claims of Members of Parliament by the Daily Telegraph in 2009 revealed false claims made by MPs for costs incurred in the performance of their Parliamentary duties. David Chaytor, James Devine, and Elliot Morley, three MPs, were subsequently charged with false accounting, under section 17(l)(b) of the Theft Act 1968, for claiming non-existent expenses. The MPs argued that the criminal courts did not have jurisdiction to try their cases because they were protected by parliamentary privilege. This contention was rejected in the Crown Court and the Court of Appeal. The Lord Chief Justice, giving judgment …
