Law School Scholarly Works: Recent submissions
Now showing items 81-100 of 621
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To Catch a Sex Thief: The Burden of Performance in Rape and Sexual Assault Trials
(Columbia Law School, 2006)Despite decades of efforts to reform American rape law, prosecution and conviction rates remain low compared to similar crimes. While activists led legislatures to adopt important statutory changes for rape and sexual ... -
Flexing Judicial Muscle: An Empirical Study of Judicial Activism in the Federal Courts
(Northwestern University School of Law, 2011)Empirical scholarship about judicial activism has focused on the United States Supreme Court, relied upon subjective coding of individual cases as “activist” or “restrained,” and only examined instances when the federal ... -
One of These Laws is Not Like the Others: Why the Federal Sex Offender Registration and Notification Act Raises New Constitutional Questions
(Harvard Law School, 2009)In 2003, the United States Supreme Court issued its only two opinions regarding the constitutionality of sex offender registration and notification statutes. The two opinions, Smith v. Doe ("Smith") and Connecticut Department ... -
The Emerging Criminal War on Sex Offenders
(Harvard Law School, 2010)This article addresses four central questions. First, what is the difference between normal law enforcement policy and a “war” on crime? Second, assuming such a line can be discerned, has the enactment of the Adam Walsh ... -
Banishment By a Thousand Laws: Residency Restrictions on Sex Offenders
(Washington University in St. Louis School of Law, 2007)Across America, states, localities, and private communities are debating and implementing laws to limit the places of residence of convicted sex offenders. Twenty states and hundreds, if not thousands, of local communities ... -
DNA -- Intimate Information or Trash for Public Consumption?
(Baylor Law School, 2008)This essay discusses the increasingly popular police practice of covertly collecting DNA samples from people who inadvertently leave saliva, hair or other biological matter in public places. The essay contends that although ... -
In Booker's Shadow: Restitution Forces a Second Debate on Honesty in Sentencing
(Indiana University Maurer School of Law, 2006)This article explores the question left unanswered by the Supreme Court's January, 2005, decision in United States v. Booker. Specifically, it looks at whether the Mandatory Victims Restitution Act of 1996 (MVRA), which ... -
Finding a Happy and Ethical Medium between a Prosecutor Who Believes the Defendant Didn't Do it and the Boss that Says that He Did
(Northwestern University School of Law, 2008)In June of 2008, The New York Times reported on a New York prosecutor’s conflict with his supervisors. The disagreement rested on the prosecutor’s belief that the District Attorney’s Office had wrongly convicted two men ... -
Quieting Cognitive Bias with Standards for Witness Communications
(University of California, Hastings College of the Law, 2011)Last year, as part of a project to revise the ABA Criminal Justice Standards for Prosecution and Defense Functions, the ABA Criminal Justice Section initiated round-table discussions with prosecutors, criminal defense ... -
Juror Privacy in the Sixth Amendment Balance
(S.J. Quinney College of Law at the University of Utah, 2012)Some eight million citizens report for jury duty every year. Arguably, jury duty is one of the most significant opportunities to participate in the democratic process. For the accused, the jury acts as an indispensable ... -
Prosecutors 'Doing Justice' Through Osmosis - Reminders to Encourage a Culture of Cooperation
(Case Western Reserve University School of Law, 2008)Scholars have often criticized the government for relying on "cooperating" defendant/witnesses in obtaining convictions of other persons. Such scholars contend that cooperating witnesses are powerfully motivated to parrot ... -
The Return of Reasonableness: Saving the Fourth Amendment from the Supreme Court
(Case Western Reserve University School of Law, 2008)The Supreme Court's Fourth Amendment jurisprudence has been oft criticized. The criticism is not surprising or undeserved. After all, the express language of the Fourth Amendment requires that the government act reasonably ... -
The Price of Pretrial Release: Can We Afford to Keep Our Fourth Amendment Rights?
(University of Iowa College of Law., 2006)This Article looks at the intersection of the Fourth Amendment, which protects Americans' personal security against arbitrary and oppressive searches by law enforcement officials, and the Eighth Amendment, which proscribes ... -
An Exclusionary Rule for Police Lies
(Georgetown University Law Center, 2010)Although the Supreme Court has often said that truth is an imperative to justice, we now know that police officers, the key investigative component in our criminal justice system, lie. How often do the police lie? No one ... -
Improbable Cause: A Case for Judging Police by a More Majestic Standard
(University of California Berkeley School of Law, 2010)This article presents findings from an empirical study of judicial orders in one Midwestern federal district court over a twenty-four month period. The study analyzes trial court decisions to determine whether, as scholars ... -
Some Observations on the Kansas Product Liability Act - Part ll
(Kansas Bar Association, 1985)Part 2 of a two-part series analyzing the Kansas Product Liability Act. -
1997 Kansas Bar Association Annual Survey - Chapter 26: Torts
(Kansas Bar Association, 1997)Torts chapter of the 1997 Kansas Bar Association Annual Survey -
1999 Kansas Bar Association Annual Survey - Chapter 26: Torts
(Kansas Bar Association, 1999)Torts Chapter of the 1999 Kansas Bar Association Annual Survey. -
1996 Kansas Bar Association Annual Survey - Chapter 26: Torts
(Kansas Bar Association, 1996)Torts Chapter of the Kansas Bar Association's Annual Survey - 1996. -
1995 Kansas Bar Association Annual Survey - Torts
(Kansas Bar Association, 1995)Torts Chapter of the Kansas Bar Association Annual Survey of Kansas Law - 1995.