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"Hired Guns": Establishing The Scope Of The Proper Cross-Examination And Argument Relating To Expert Witness' Compensation In Criminal Trials, Michael C. Kovac 2024 Vermont Law and Graduate School

"Hired Guns": Establishing The Scope Of The Proper Cross-Examination And Argument Relating To Expert Witness' Compensation In Criminal Trials, Michael C. Kovac

Georgia Criminal Law Review

The outcomes of criminal cases can turn on the credibility of the parties’ expert witnesses. The compensation such experts receive in exchange for their work on cases can undermine their credibility, as it provides the experts with a financial incentive that might bias them in favor of the parties who retain them. While concerns with such bias have existed for decades, courts have been inconsistent in the defining the permissible scope of cross-examination and argument on the issue. Some courts have unduly curtailed such cross-examination and argument. Courts have also been inconsistent in their views of whether calling such expert …


The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk 2024 Pepperdine University

The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk

Global Tides

This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …


Cali Elangdell® Press Open Access And Interactive Casebooks, Sara Smith 2024 Kennesaw State University

Cali Elangdell® Press Open Access And Interactive Casebooks, Sara Smith

All Things Open

CALI eLangdell Press publishes free, open-access casebooks for legal education. Educators can adopt and edit eLangdell's Creative Commons licensed casebooks for free, allowing them the flexibility to tailor resources to their teaching methods and course requirements. Students benefit from a more affordable option with free access to eLangdell casebooks in Word, PDF, ebook, and online formats. For those who prefer a physical copy, the print version is available for purchase at cost. Further, our latest titles feature interactive questions using the open-source tool H5P. This enhancement elevates student engagement and provides opportunities to reinforce knowledge.


It’S Not On The Syllabus: The Case For Policy Writing In Modern Graduate Education, Andrea N. Hunt 2024 University of North Alabama

It’S Not On The Syllabus: The Case For Policy Writing In Modern Graduate Education, Andrea N. Hunt

Feminist Pedagogy

Graduate students gain experience in a variety with different forms of writing while completing their studies; however, policy writing is less common although it is applicable to a variety of disciplines. Policy writing is an extension of theory and needs to be approached from a feminist perspective. Policy writing can be conceptualized as a critical feminist praxis where graduate students use their disciplinary skills in more applied work to engage in important conversations related to their field of study. This article provides some strategies for policy writing for graduate students that use existing skills such as forming arguments and applying …


Professional Development Strategies For Treating People With Idd And Mental Health Needs, Jennifer L. McLaren, Elizabeth Grosso, Karen L. Weigle 2024 - Department of Psychiatry, Dartmouth Hitchcock Medical Center, Lebanon, New Hampshire - Department of Pediatrics, Dartmouth Hitchcock Medical Center, Lebanon, New Hampshire - The Dartmouth Institute for Health Policy and Clinical Practice, Hanover, New Hampshire - Geisel School of Medicine at Dartmouth, Lebanon, New Hampshire -National Center for START Services, Institute on Disability, University of New Hampshire, United States

Professional Development Strategies For Treating People With Idd And Mental Health Needs, Jennifer L. Mclaren, Elizabeth Grosso, Karen L. Weigle

Developmental Disabilities Network Journal

People with intellectual and developmental disabilities (IDD) experience significant health and mental health inequities and difficulties accessing care. There are few initiatives that train mental health professionals to care and advocate for the health and mental health care needs of people with intellectual and developmental disabilities.

We developed a Mental Health and Intellectual and Developmental Disabilities Professional Learning Community (PLC) with Clinical Education Teams (CET) training components through The National Center for START (Systemic-Therapeutic-Assessment-Resources-Treatment) Services® to further educate providers in the United States. The National Center for START Services® utilizes multiple training and collaboration forums to build the …


Peer-Mediated Family Support Project: Evaluation Of Changes In Family Quality Of Life, Preethy S. Samuel, Elizabeth Janks, Nia S. Anderson, Michael Bray, Christina Topolewski, Sharon Milberger 2024 Wayne State University, Detroit, MI 48202 U.S.A.

Peer-Mediated Family Support Project: Evaluation Of Changes In Family Quality Of Life, Preethy S. Samuel, Elizabeth Janks, Nia S. Anderson, Michael Bray, Christina Topolewski, Sharon Milberger

Developmental Disabilities Network Journal

The Family Quality of Life (FQOL) approach represents a paradigm shift from fixing to supporting people with intellectual/developmental disabilities (I/DD) by changing the focus from the individual to the family and highlighting strengths rather than deficiencies. Aging family caregivers of individuals with I/DD often encounter obstacles, including accessibility, acceptability, and affordability of services. Little is known about best practices to support aging families of adults with I/DD. Understanding how a state-wide peer-mediated family support project implemented in this study helped improve the FQOL of aging caregivers is important in broadening participation of other caregivers in these types of programs. To …


Interdisciplinary Treatment Approach To Youth With Intellectual Or Developmental Disabilities And Co-Occurring Mental Health Conditions, Ashley Greenwald, Erika Ryst, Diane D. Thorkildson, Lauren Brown 2024 University of Nevada - Reno

Interdisciplinary Treatment Approach To Youth With Intellectual Or Developmental Disabilities And Co-Occurring Mental Health Conditions, Ashley Greenwald, Erika Ryst, Diane D. Thorkildson, Lauren Brown

Developmental Disabilities Network Journal

Many individuals with Intellectual and/or Developmental Disabilities (IDD) have co-occurring mental health needs, yet service delivery options often do not allow for the integrated delivery of mental health treatment and social behavioral support services. Siloed treatment approaches often result in lack of collaboration between providers, increasing the difficulty in accessing comprehensive and coordinated treatments and reducing treatment potential and effective outcomes. Additionally, many service providers in behavioral support services are not trained to address significant mental health needs; similarly, providers of mental health services lack experience in modifying practices for differing cognitive needs. The lack of cross-training and cross-collaboration makes …


Vol. 66, No. 13 (April 15, 2024), 2024 Maurer School of Law: Indiana University

Vol. 66, No. 13 (April 15, 2024)

Indiana Law Annotated

No abstract provided.


Tying Law For The Digital Age, Daniel A. Crane 2024 University of Michigan

Tying Law For The Digital Age, Daniel A. Crane

Notre Dame Law Review

Tying arrangements, a central concern of antitrust policy since the early days of the Sherman and Clayton Acts, have come into renewed focus with respect to the practices of dominant technology companies. Unfortunately, tying law’s doctrinal structure is a self-contradictory and incoherent wreck. A conventional view holds that this mess is due to errant Supreme Court precedents, never fully corrected, that expressed hostility to tying based on faulty economic understanding. That is only part of the story. Examination of tying law’s origins and development shows that tying doctrine was built on a now-dated paradigm of what constitutes a tying arrangement. …


Admiralty, Abstention, And The Allure Of Old Cases, Maggie Gardner 2024 Cornell Law School

Admiralty, Abstention, And The Allure Of Old Cases, Maggie Gardner

Notre Dame Law Review

The current Supreme Court has made clear that history matters. But doing history well is hard. There is thus an allure to old cases because they provide a link to the past that is more accessible for nonhistorian lawyers. This Article warns against that allure by showing how the use of old cases also poses methodological challenges. The Article uses as a case study the emerging doctrine of foreign relations abstention. Before the Supreme Court, advocates argued that this new doctrine is in fact rooted in early admiralty cases. Those advocates did not, however, canvass the early admiralty practice, relying …


Rethinking Legislative Facts, Haley N. Proctor 2024 University of Missouri School of Law

Rethinking Legislative Facts, Haley N. Proctor

Notre Dame Law Review

As the factual nature of legal inquiry has become increasingly apparent over the past century, courts and commentators have fallen into the habit of labeling the facts behind the law “legislative facts.” Loosely, legislative facts are general facts courts rely upon to formulate law or policy, but that definition is as contested as it is vague. Most agree that legislative facts exist in some form or another, but few agree on what that form is, on who should find them, and how. This Article seeks to account for and resolve that confusion. Theories of legislative fact focus on the role …


Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff 2024 University of Denver Sturm College of Law

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Notre Dame Law Review

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the “warrant of commitment.” Judges issued these warrants to jail defendants pending trial. This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant—a process that currently falls far short of fulfilling its constitutional and historical function. History supports …


Climate Zoning, Christopher Serkin 2024 Vanderbilt Law School

Climate Zoning, Christopher Serkin

Notre Dame Law Review

As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in-crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so …


Intellectual Property And The Myth Of Nonrivalry, James Y. Stern 2024 William & Mary Law School

Intellectual Property And The Myth Of Nonrivalry, James Y. Stern

Notre Dame Law Review

The concept of rivalry is central to modern accounts of property. When one per-son’s use of a resource is incompatible with another’s, a system of rights to determine its use may be necessary. It is commonly asserted, however, that informational goods like inventions and expressive works are nonrivalrous and that intellectual property rights must therefore be subject to special limitation, if they should even exist at all. This Article examines the idea of rivalry more closely and makes a series of claims about the analysis of rivalrousness for purposes of such arguments. Within that frame-work, it argues that rivalry should …


Who Is A Minister? Originalist Deference Expands The Ministerial Exception, Jared C. Huber 2024 University of Notre Dame Law School

Who Is A Minister? Originalist Deference Expands The Ministerial Exception, Jared C. Huber

Notre Dame Law Review

The ministerial exception is a doctrine born out of the Religion Clauses of the First Amendment that shields many religious institutions’ employment decisions from review. While the ministerial exception does not extend to all employment decisions by, or employees of, religious institutions, it does confer broad—and absolute—protection. While less controversy surrounds whether the Constitution shields religious institutions’ employment decisions to at least some extent, much more debate surrounds the exception’s scope, and perhaps most critically, which employees fall under it. In other words, who is a "minister" for purposes of the ministerial exception?


Proportionalities, Youngjae Lee 2024 Fordham Law School

Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …


In Support Of Industry-Conscious Disclosure Standards For Pharmaceutical And Biotechnology Patents, Mark T. Roundtree 2024 Texas A&M University School of Law

In Support Of Industry-Conscious Disclosure Standards For Pharmaceutical And Biotechnology Patents, Mark T. Roundtree

Texas A&M Law Review

One of the fundamental requirements for a patent application is a disclosure of the invention via an accurate written description with sufficient detail to enable the recreation of the invention. The U.S. patent system has historically reviewed patent applications from various industries with a uniform set of requirements and standards. However, the biotechnology and pharmaceutical industries operate on notably extended product development timelines and face unique administrative pressures related to their products when compared with other industries. In response to these pressures, biotechnology and pharmaceutical companies have traditionally applied for patent protections through liberal use of genus claims and other …


The Real Wrongs Of Icwa, James G. Dwyer 2024 Villanova University Charles Widger School of Law

The Real Wrongs Of Icwa, James G. Dwyer

Villanova Law Review

No abstract provided.


A Restatement Of Democracy, Joshua Ulan Galperin 2024 Villanova University Charles Widger School of Law

A Restatement Of Democracy, Joshua Ulan Galperin

Villanova Law Review

No abstract provided.


Reforming The Ministerial Exception, Paul E. McGreal 2024 Villanova University Charles Widger School of Law

Reforming The Ministerial Exception, Paul E. Mcgreal

Villanova Law Review

No abstract provided.


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