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Post-Crawford: Were Recent Changes To State Voter Id Laws Really Necessary To Prevent Voter Fraud And Protect The Electoral Process?, Tracey Carter 2013 Belmont University - College of Law

Post-Crawford: Were Recent Changes To State Voter Id Laws Really Necessary To Prevent Voter Fraud And Protect The Electoral Process?, Tracey Carter

Law Faculty Scholarship

Voter identification (ID) was the hottest topic in election law debates in numerous state legislatures throughout 2011 and 2012. In fact, in 2012, voter ID legislation was introduced in 32 states. The 2008 U.S. Supreme Court decision in Crawford v. Marion County Election Board served as the impetus for the flurry of recent changes in state voter ID laws across the country. In the Crawford decision, the Supreme Court upheld restrictions on voting, specifically upholding strict photo identification requirements when voting in person at the polls on Election Day. This article discusses the right to vote, recent voter photo ID …


Discovering E-Discovery: A Resources Guide, Timothy L. Coggins 2013 University of Richmond

Discovering E-Discovery: A Resources Guide, Timothy L. Coggins

Law Faculty Publications

E-discovery refers to discovery in civil litigation that focuses on the exchange of information in electronic form. Lainie Crouch Kaiser, a litigation attorney with McDermott Will & Emery, writes that “e-Discovery can be used as an umbrella term for both the legal and operational considerations related to how electronically stored information (ESI) is used in the modern day practice of law.”There are many types of ESI, including e-mail and office documents, voicemail, photos, video, and databases. Attorneys and others who write about e-discovery also include “raw data” as discoverable information. Ronald J. Hedges of Nixon Peabody writes that “[t]echnically, documents …


Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan 2013 Florida Institute of Technology

Pleading Innocents: Laboratory Evidence Of Plea Bargaining's Innocence Problem, Vanessa Edkins, Lucian E. Dervan

Law Faculty Scholarship

We investigated plea bargaining by making students actually guilty or innocent of a cheating offense and varying the sentence that they would face if found ‘guilty’ by a review board. As hypothesized, guilty students were more likely than innocent students to accept a plea deal (i.e., admit guilt and lose credit; akin to accepting a sentence of probation) (Chi-square=8.63, p<.01) but we did not find an effect of sentence severity. Innocent students, though not as likely to plead as guilty students, showed an overall preference (56% across conditions) for accepting a plea deal. Implications and future directions are discussed.


The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins 2013 Belmont University - College of Law

The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian E. Dervan, Vanessa Edkins

Law Faculty Scholarship

In 1989, Ada JoAnn Taylor was accused of murder and presented with stark options. If she pleaded guilty, she would be rewarded with a sentence of ten to forty years in prison. If, however, she proceeded to trial and was convicted, she would likely spend the rest of her life behind bars. Over a thousand miles away in Florida and more than twenty years later, a college student was accused of cheating and presented with her own incentives to admit wrongdoing and save the university the time and expense of proceeding before a disciplinary review board. Both women decided the …


Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr. 2013 Belmont University - College of Law

Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.

Law Faculty Scholarship

Discusses the precedential value of the Tinker v. Des Moines Independent School District decision in the current Boobies Bracelets debate.


White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan 2013 Belmont University - College of Law

White Collar Over-Criminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Law Faculty Scholarship

Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization discussed in this article is Congress’s propensity for increasing the maximum criminal penalties for white collar offenses in an effort to punish financial criminals more harshly while simultaneously deterring others. The second type of overcriminalization addressed is Congress’s tendency to create vague and overlapping criminal provisions in areas already criminalized in an effort to expand the tools available …


Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak 2013 Touro Law Center

Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak

Scholarly Works

This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.


Where To Begin Researching International Sports Law, Rebecca Mattson 2012 Penn State Law

Where To Begin Researching International Sports Law, Rebecca Mattson

Law Library Faculty Works

In this article, the author discusses selected sources for researching international sports law.


For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon 2012 Georgia State University College of Law

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.


Appendix A: Statistical Analysis Of The Data, Susan Nevelow Mart Study Of Search Functions In Lexis And Westlaw, Jeffrey T. Luftig 2012 University of Colorado Engineering Management Program

Appendix A: Statistical Analysis Of The Data, Susan Nevelow Mart Study Of Search Functions In Lexis And Westlaw, Jeffrey T. Luftig

Research Data

Appendix A is Jeffrey Luftig's statistical analysis of the empirical data in the study of citator and digest functions in Lexis.com and Westlaw.com published in Susan Nevelow Mart, The Case for Curation: The Relevance of Digest and Citator Results in Westlaw and Lexis, 32 Legal Reference Services Q. 13 (2013), available at http://www.tandfonline.com/doi/pdf/10.1080/0270319X.2013.759036. A preprint version of Nevelow Mart's article is available at http://scholar.law.colorado.edu/articles/102/.


Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak 2012 Touro Law Center

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Touro Law Review

No abstract provided.


How Metacognitive Deficiencies Of Law Students Lead To Biased Ratings Of Law Professors, Catherine J. Wasson, Barbara J. Tyler 2012 Touro University Jacob D. Fuchsberg Law Center

How Metacognitive Deficiencies Of Law Students Lead To Biased Ratings Of Law Professors, Catherine J. Wasson, Barbara J. Tyler

Touro Law Review

No abstract provided.


Enriching The Vocabulary Of Law: New Legal Subject Headings, Suzanne R. Graham, George Prager 2012 University of Georgia School of Law Library

Enriching The Vocabulary Of Law: New Legal Subject Headings, Suzanne R. Graham, George Prager

Articles, Chapters and Online Publications

No abstract provided.


E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood 2012 University of Kentucky College of Law

E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood addresses the ethical implications of emailing with a client. Practitioners are provided a series of questions to ask before emailing a client.


The Attorney Signature Block On A Brief: A Jumping-Off Point For Discussing Ethics, Heidi K. Brown 2012 Brooklyn Law School

The Attorney Signature Block On A Brief: A Jumping-Off Point For Discussing Ethics, Heidi K. Brown

Faculty Scholarship

No abstract provided.


’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’S Perspective, Lauren Ludvigsen 2012 Pace University School of Law

’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’S Perspective, Lauren Ludvigsen

Elisabeth Haub School of Law Student Publications

It is rare that a couple will enter into a marriage expecting to divorce each other. It may be the romance or the excitement of the impending nuptials, but couples do not include an expiration date on their marriage certificate. However, not all marriages last until “death do us part.” The United States Census Bureau conducted its first survey into marriages, divorces, and widowhood in America in 2009, finding that 9.2 of every 1,000 men and 9.7 of every 1,000 women over the age of fifteen reported being divorced. Despite these rates, research suggests that only one-fourth of Americans believe …


Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford 2012 Indiana University - Maurer School of Law, Bloomington, IN

Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford

IP Theory

No abstract provided.


Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz 2012 Woodard, Emhardt, Moriarty, McNett & Henry LLP, Indianapolis, IN

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.


Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro 2012 Lillian Goldman Law Library, Yale Law School

Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro

Cornell Law Faculty Publications

As academic law libraries continue to face the inevitability of a rapidly changing landscape which includes a new breed of digital users with sophisticated technological needs, it remains to be seen what libraries will look like in years to come. It is certain that libraries as we know them today will have changed, but to what extent? An ability to remain adaptable and to anticipate the evolving needs of users in a dynamic environment will continue to be key for libraries to remain relevant, and even to survive, in the 21st century; vital to this endeavor will also be an …


The Great Recession And The Rhetorical Canons Of Law And Economics, Michael D. Murray 2012 University of Kentucky Rosenberg College of Law

The Great Recession And The Rhetorical Canons Of Law And Economics, Michael D. Murray

Law Faculty Scholarly Articles

The Great Recession of 2008 and onward has drawn attention to the American economic and financial system and has cast a critical spotlight on the theories, policies, and assumptions of the modern, neoclassical school of law and economics-often labeled the "Chicago School"-because this school of legal economic thought has had great influence on the American economy and financial system. The Chicago School's positions on deregulation and the limitation or elimination of oversight and government restraints on stock markets, derivative markets, and other financial practices are the result of decades of neoclassical economic assumptions regarding the efficiency of unregulated markets, the …


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