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27,907 full-text articles. Page 582 of 613.

People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi 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, Bennett Capers 2011 Brooklyn Law School

Home Is Where The Crime Is, Bennett Capers

Faculty Scholarship

No abstract provided.


Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel 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, Stanley C. Ball 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, Christina McMahon 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?, Coleen Thomas 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, John C. Meringolo 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, Wadie E. Said 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, Violeta R. Chapin 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, Duchess Harris PhD, JD 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, Benjamin Priester 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, William K. Black 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, William Livingston 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, Jonathan L. Entin 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, Bruce A. Green 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, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner 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, Stephanie A. Ackerman 2011 New York Law School Class of 2011

In Re Steven J. Lever, Stephanie A. Ackerman

NYLS Law Review

No abstract provided.


Jury Nullification, Race, And The Wire, James M. Keneally 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, Avi Brisman 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, Yvonne Tew 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 …


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