Search
Now showing items 11-20 of 51
Mental Disorder as an Exemption from the Death Penalty: The ABA-IRR Task Force Recommendations
(Catholic University Law Review, 2005)
The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three ...
Politics and Judgment
(Missouri Law Review, 2005)
Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American ...
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals
(Florida State University Law Review, 2005)
In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. ...
Mitochondrial DNA: Emerging Legal Issues
(Journal of Law and Policy, 2005)
This article will briefly survey some of the current and emerging legal issues surrounding mtDNA evidence. Parts I and II discuss basic evidentiary questions, including mtDNA's reliability and admissibility under Daubert7 ...
Toward a Common Law of Ecosystem Services
(St. Thomas Law Review, 2005)
This article suggests ways in which the common law can integrate concepts of ecosystem services to fulfill pragmatic objectives of common law doctrine. Rather than requiring a radical departure from traditional common law ...
Victim Participation in the Criminal Process
(Journal of Law and Policy, 2005)
This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming ...
The Statutory President
(Iowa Law Review, 2005)
American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of ...
Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding
(University of Pennsylvania Law Review, 2005)
Due process requires courts to make decisions based on the evidence before them without regard to information outside of the record. Skepticism about the ability of jurors to ignore inadmissible information is widespread. ...
Corporate Voting and the Takeover Debate
(Vanderbilt Law Review, 2005)
For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
Regulation by Adaptive Management--Is It Possible?
(Minnesota Journal of Law, Science & Technology, 2005)
Today's voluminous literature on adaptive management traces its roots to Professor C.S. Holling's seminal work, Adaptive Environmental Assessment and Management. Although almost thirty years have passed since he and his ...