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Judith A.M. Scully, Eliminating Racial Profiling of African Americans in West Virginia and the United States: The Quest for Racial Justice, 2 Africalogical Perspectives (2005)Clicking on the button will copy the full recommended citation.
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Judith A.M. Scully, Brown v. Board of Education, 2 Africalogical Perspectives (2005)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Persuasion through Organization: Another in a Series: Thesis Sentences, 42 Arizona Attorney 50 (2005)Clicking on the button will copy the full recommended citation.
The article examines the thesis sentence in legal writing, a particularly important tool in helping legal readers quickly understand the critical content of paragraphs.
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Kirsten K. Davis, Take the Lime and the Apple and Mix ’em All up, 20 Second Draft 13 (2005)Clicking on the button will copy the full recommended citation.
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Michèle Alexandre, David Gelfand: A Tribute, 37 Urb. Law. 641 (2005)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Arthur Andersen, LLP and Martha Stewart: Should Materiality Be an Element of Obstruction of Justice?, 44 Washburn L.J. 583 (2005)Clicking on the button will copy the full recommended citation.
Obstruction of justice, with its many different statutes, is a crime that prosecutors can use with relative ease. It covers a wide breadth of activity and has few limitations. This paper examines the prosecutorial use of obstruction charges in the cases of Martha Stewart and Arthur Andersen, LLP. Although the statutes differed in these two prosecutions, with Arthur Andersen, LLP., prosecuted for the crime of obstruction of justice under 18 U.S.C. Section 1512, and Martha Stewart, prosecuted for several criminal charges including obstruction of justice under 18 U.S.C. Section 1505, both demonstrate how prosecutors can leave unfinished the original activity that was the subject of investigation to proceed with the easier obstruction charge.
This article provides a way to restrict prosecutors in their use of the crime of obstruction of justice when it is used solely for expediency purposes. In essence, it reads in an element of materiality as required for this crime in a manner similar to how the Supreme Court included materiality for fraud prosecutions. By adding an element of materiality as a requirement for an obstruction conviction, prosecutors are forced to complete investigations that can be completed on the substantive charges. In contrast, investigations that cannot continue because the obstructive conduct precludes continuation because of either destruction of evidence or intimidation of witnesses, still have available the ability to appropriately punish the activity via a charge of obstruction of justice.
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Ellen S. Podgor, Foreword, Overcriminalization: The Politics of Crime, 54 Am. U. L. Rev. 541 (2005)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Eminent Domain, Property Rights, and the Solution of Representation Reinforcement, 83 Denver University Law Review 1 (2005)Clicking on the button will copy the full recommended citation.
Courts at both the federal and state level are busy remaking the law of eminent domain, most notably in the controversial Kelo decision. Property rights advocates argue that courts should scrutinize more closely government's ability to take property with plans to transfer it to private developers. But asking courts to second-guess the wisdom of governmental policy decisions cannot be a workable solution. Instead, eminent domain could be tightened by relying on the idea of representation reinforcement, through which courts boost the interests of those groups who are unlikely to have their voices heard in the political realm. Across the nation, local governments are using eminent domain to discourage residency by poor persons. This article proposes that eminent domain be constitutionally impermissible when it is both used to take land destined for private hands and disproportionately hurts the poor or politically disadvantaged.
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Ellen S. Podgor, Jose Padilla and Martha Stewart: Who Should Be Charged with Criminal Conduct?, 109 Penn St. L. Rev. 1059 (2005)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, The Three Levels of Ownership: Rethinking Our Restrictive Homebuilding Laws, 37 Urb. Law. 385 (2005)Clicking on the button will copy the full recommended citation.
This essay identifies "three levels of ownership" of land – private ownership, local ownership, and global ownership. American law has placed great emphasis on a supposed clash between the first two, as local governments attempt to regulate against the wishes of private owners. But recent political and economic research highlights the extent to which homeowners use local law to benefit their interests at the expense of outsiders, including potential migrants. A greater emphasis on global ownership, perhaps paired with private ownership, would lessen the adverse impact of this local protectionism.