THE DEATH PENALTY AND RACIAL BIAS OVERTURNING SUPREME COURT ASSUMPTIONS CONTRIBUTIONS IN LEGAL STUDIES

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The Death Penalty And Racial Bias

Author : Gregory D. Russell
ISBN : 0313288895
Genre : Law
File Size : 82.50 MB
Format : PDF
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Russell tests the U.S. Supreme Court's assumption that the procedure used to select jurors who impose the death penalty does not inject racial bias into the jury. In Georgia, those who supported the death penalty and were placed on juries were more likely to sentence black defendants to death. Further, those who supported the death penalty tend to hold attitudes that are linked to racial bias and act as surrogate measures for racial bias. He also finds no support in his analysis for the results of other research that indicate that death penalty jurors are conviction prone. Although earlier empirical evidence has suggested a consistent pattern of race-related differential sentencing, Russell's study is the first to demonstrate that the death qualification tends to eliminate moderate attitudes and concentrate racial bias in death penalty juries. "The Death Penalty and Racial Bias" suggests a clear direction for future policy research into the neutrality of death-qualified juries.
Category: Law

Promises On Prior Obligations At Common Law

Author : Kevin M. Teeven
ISBN : 0313306524
Genre : Law
File Size : 85.98 MB
Format : PDF, Kindle
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An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.
Category: Law

Parallel Importation In U S Trademark Law

Author : Timothy H. Hiebert
ISBN : 0313289565
Genre : Law
File Size : 59.97 MB
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Over much of the past century, the law governing third-party importation of non-counterfeit, genuine goods has been obscured by conceptual uncertainty. In recent years, the debate over the gray market has centered on the fundamental reasons for trademark protection, and has raised the possibility of conflict between the two traditionally recognized purposes of trademark law--protecting consumers from deception and protecting trademark owners from lost sales. Hiebert discusses the evolution of the universality and territoriality principles of trademark law, and develops a new understanding of the role of goodwill in resolving trademark infringement issues. Beginning with a review of the earliest days of trademark law, Hiebert traces the development of the twofold purpose and territoriality doctrines in the United States, and examines in detail the cases, statutes, and regulations governing parallel imports. Unlike other recent treatments of the subject, this work benefits from the availability of important archival materials, and devotes considerable attention to the nineteenth-century antecedents of modern parallel importation doctrine, and to the evolution of trademark doctrine within the broader context of American legal realism.
Category: Law

Racism

Author : Albert J. Wheeler
ISBN : 1560728566
Genre : History
File Size : 75.54 MB
Format : PDF, Kindle
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Of all mankinds' vices, racism is one of the most pervasive and stubborn. Success in overcoming racism has been achieved from time to time, but victories have been limited thus far because mankind has focused on personal economic gain or power grabs ignoring generosity of the soul. This bibliography brings together the literature providing access by subject groupings as well as author and subject indexes. Contents: Racial Attitudes; Racism and Poverty; Hate Groups; Racial Justice; Racism and Politics; Race Discrimination; Racial Identity; Racism Around the World.
Category: History

Judicial Entrepreneurship

Author : Wayne V. McIntosh
ISBN : 0313305196
Genre : Law
File Size : 37.32 MB
Format : PDF
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A look at how and why certain judges develop unique legal concepts and work for change in the law.
Category: Law

Controversy Courts And Community

Author : Verna C. Corgan
ISBN : 0313292477
Genre : Law
File Size : 42.40 MB
Format : PDF, ePub, Docs
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Explores how a famous trial court judge used rhetorical strategies to engage the public and the legal community in challenging the accepted views of the proper roles for the courts and the community in the pursuit of "justice." Analyzes the role of Judge Lord in stimulating public debate about some well-known and controversial cases and in doing so helps enrich our understanding of how trial court judicial opinions when clearly argued in plain language and dramatized effectively contribute to public perceptions and a fruitful discussion of the law, the courts, and their relationships to the community. The practical insights that this study offers will be useful to students, teachers, and professionals in law, communications, public policy, and American studies.
Category: Law

Choice

Author :
ISBN : UOM:39015064547758
Genre : Academic libraries
File Size : 80.94 MB
Format : PDF
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Category: Academic libraries

Recent Acquisitions

Author :
ISBN : OSU:32437123161958
Genre : Law libraries
File Size : 52.60 MB
Format : PDF
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Category: Law libraries

Selected Acquisitions Of The Library

Author : Indiana University, Bloomington. Law Library
ISBN : IND:30000047092303
Genre : Acquisitions (Libraries)
File Size : 44.85 MB
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Category: Acquisitions (Libraries)