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Impartiality: a Comparison of Legal Processes in the United States and Italy
Brigham Young University BYU ScholarsArchive Undergraduate Honors Theses 2020-04-01 IMPARTIALITY: A COMPARISON OF LEGAL PROCESSES IN THE UNITED STATES AND ITALY Robert Borden Follow this and additional works at: https://scholarsarchive.byu.edu/studentpub_uht BYU ScholarsArchive Citation Borden, Robert, "IMPARTIALITY: A COMPARISON OF LEGAL PROCESSES IN THE UNITED STATES AND ITALY" (2020). Undergraduate Honors Theses. 116. https://scholarsarchive.byu.edu/studentpub_uht/116 This Honors Thesis is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in Undergraduate Honors Theses by an authorized administrator of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. Honors Thesis IMPARTIALITY: A COMPARISON OF LEGAL PROCESSES IN THE UNITED STATES AND ITALY by Robert Borden Submitted to Brigham Young University in partial fulfillment of graduation requirements for University Honors Italian Department Brigham Young University April 2020 Advisors: Dr. Marie Orton, Dr. Dan Paul, and Dr. Justin Collings Honors Coordinator: Dr. Marie Orton ii ABSTRACT IMPARTIALITY: A COMPARISON OF LEGAL PROCESSES IN THE UNITED STATES AND ITALY Robert L. Borden Italian Department Bachelor of Arts This thesis examines the constitutional guarantees of impartiality granted in both the United States and Italian constitutions. Aided by the presentation of these two constitutional legal systems, this paper will attempt to break apart the elements of each system and point out key differences. By pointing out the differences in these systems including variations in their founding documents, the structure of the courts, the role of the judges, the role of the advocates, and the role of other key players, this paper will show that while individual cases in both countries are exposed to multiple biases throughout the legal process, in the end justice is given impartially. -
Can the Right of Publicity Be Used to Satisfy a Civil Judgment? Hastings H
Journal of Intellectual Property Law Volume 15 | Issue 1 Article 4 October 2007 Squeezing "The uiceJ ": Can the Right of Publicity Be Used to Satisfy A Civil Judgment? Hastings H. Beard University of Georgia School of Law Follow this and additional works at: https://digitalcommons.law.uga.edu/jipl Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Hastings H. Beard, Squeezing "The Juice": Can the Right of Publicity Be Used to Satisfy A Civil Judgment?, 15 J. Intell. Prop. L. 143 (2007). Available at: https://digitalcommons.law.uga.edu/jipl/vol15/iss1/4 This Notes is brought to you for free and open access by Digital Commons @ Georgia Law. It has been accepted for inclusion in Journal of Intellectual Property Law by an authorized editor of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. Beard: Squeezing "The Juice": Can the Right of Publicity Be Used to Sati NOTES SQUEEZING "THEJUICE": CAN THE RIGHT OF PUBLICITY BE USED TO SATISFY A CIVIL JUDGMENT? TABLE OF CONTENTS I. INTRODUCTION ........................................... 144 II. BACKGROUND ............................................ 147 A. THE ORIGIN OF THE RIGHT OF PUBLICITY .................... 148 B. THE RIGHT OF PUBLICITY AS A PROPERTY RIGHT ............... 151 1. Significance of the ProperyLabel in Legal Contexts .............. 151 2. Assignabiliy of the Right of Publiciy ........................ 154 C. TREATMENT OF OTHER FORMS OF INTELLECTUAL PROPERTY: COMPETING INTERESTS .................................. 157 D. PRINCIPLES OF TORT LAW ................................. 159 1. Function of the Law of Torts ............................... 159 2. Poliy Considerations .................................... 160 III. D ISCUSSION .............................................. -
10 Things the Ethical Lawyer Can Learn from the OJ Trial Richard Jolley and Brian Augenthaler
4/12/2017 10 Things the Ethical Lawyer Can Learn From the OJ Trial Richard Jolley and Brian Augenthaler OJ murdered Nicole Brown and Ron Goldman • Murders: June 12, 1994 • Brentwood, L.A. • Arrested: June 17, 1994 • Arraignment: June 20, 1994 • Verdict: October 3, 1995 1 4/12/2017 5 “killer” pieces of physical evidence • Ron Goldman and Nicole Simpson’s blood in OJ’s Bronco • OJ’s blood at the Bundy crime scene • Bloody glove at Bundy and the bloody glove at OJ’s house • Bloody footprints at scene matching bloody footprint in OJ’s Bronco • Trace evidence – hair and fiber evidence linking OJ to crime scene and Goldman Goldman’s blood in the Bronco • The Bronco was locked and was not accessed until the tow yard • LAPD detectives asked Kato if he had spare keys the morning after the murders • Mark Furhman was never in the Bronco (mistake spare tire testimony) 2 4/12/2017 OJ’s blood at Bundy • OJ’s blood drops next to bloody Bruno Magli size-12 shoe print (1 in 170 million) • OJ’s blood on back gate (1 in 58 billion!) • Phil Vanatter planted it on the gate? Bloody gloves • Aris XL cashmere-lined gloves (less than 200 pair sold exclusively by Bloomingdales) (unavailable west of Chicago) • Receipt for identical gloves purchased by Nicole Brown Simpson in December 1990 (and photos of OJ wearing those gloves) • Left glove found at Bundy crime scene and right glove found by Mark Fuhrman • Blood and hair of victims and Simpson found on gloves • How did Mark Fuhrman get lucky and plant a glove that OJ wore? How did Fuhrman get OJ’s blood unless -
Why the Inimitable Sarah Paulson Is the Future Of
he won an Emmy, SAG Award and Golden Globe for her bravura performance as Marcia Clark in last year’s FX miniseries, The People v. O.J. Simpson: American Crime Story, but it took Sarah Paulson almost another year to confirm what the TV industry really thinks about her acting chops. Earlier this year, her longtime collaborator and O.J. executive producer Ryan Murphy offered the actress the lead in Ratched, an origin story he is executive producing that focuses on Nurse Ratched, the Siconic, sadistic nurse from the 1975 film One Flew Over the Cuckoo’s Nest. Murphy shopped the project around to networks, offering a package for the first time that included his frequent muse Paulson attached as star and producer. “That was very exciting and also very scary, because I thought, oh God, what if they take this out, and people are like, ‘No thanks, we’re good. We don’t need a Sarah Paulson show,’” says Paulson. “Thankfully, it all worked out very well.” In the wake of last year’s most acclaimed TV performance, everyone—TV networks and movie studios alike—wants to be in business with Paulson. Ratched sparked a high-stakes bidding war, with Netflix ultimately fending off suitors like Hulu and Apple (which is developing an original TV series strategy) for the project last month, giving the drama a hefty Why the inimitable two-season commitment. And that is only one of three high- profile TV series that Paulson will film over the next year. In Sarah Paulson is the 2018, she’ll begin production on Katrina, the third installment in Murphy’s American Crime Story anthology series for FX, and continue on the other Murphy FX anthology hit that future of TV. -
Turning the Camera on Court TV: Does Televising Trials Teach Us Anything About the Real Law?
Turning the Camera on Court TV: Does Televising Trials Teach Us Anything About the Real Law? ANGELIQUE M. PAUL* I. INTRODUCTION What people think about the law is important because ours is a "public opinion" society, "which makes heavy use of referenda, and in which government does not lift a finger or move a muscle without reading the tea leaves of public desire."' The public's perception of justice influences the courts, the laws, the judges, and essentially the democratic process. So what influences the public's perception of justice? Television. For the majority of Americans, television is the most important source of information, and for many it is the only source of information. 2 This is particularly true when it comes to gathering information about the law. Because the majority of Americans have had no personal experience with the legal system,3 and because the majority of Americans get their information about the world solely from television, 4 the portrayal of justice on television is extremely important not only to the continued viability of the legal system, but also to the individual's understanding of that system. Studies indicate that the * The author would like to thank her parents, David and Lynda Paul, for their unconditional love and support. I David A. Harris, The Appearance of Justice: Court TV, Conventional Television, and Public Undersandingof the Criminal Justice Sstem, 35 ARiz. L. REv. 785, 796 (1993) (quoting Lawrence Friedman, Law, Lawyers, and Popular Culture, 98 YALE L. J. 1579, 1597 (1989)). Friedman believes that the portrayal of the legal system in popular culture is important "because it ultimately helps shape the legal culture, which in turn influences the law itself." Id. -
Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity
Touro Law Review Volume 33 Number 2 Article 8 2017 "Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity Benjamin Brafman Darren Stakey Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Civil Procedure Commons, Civil Rights and Discrimination Commons, and the First Amendment Commons Recommended Citation Brafman, Benjamin and Stakey, Darren (2017) ""Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity," Touro Law Review: Vol. 33 : No. 2 , Article 8. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol33/iss2/8 This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Brafman and Stakey: Facts Are Stubborn Things “FACTS ARE STUBBORN THINGS”: PROTECTING DUE PROCESS FROM VIRULENT PUBLICITY by Benjamin Brafman, Esq.* and Darren Stakey, Esq.** *Benjamin Brafman is the principal of a seven-lawyer firm Brafman & Associates, P.C. located in Manhattan. Mr. Brafman’s firm specializes in criminal law with an emphasis on White Collar criminal defense. Mr. Brafman received his law degree from Ohio Northern University, in 1974, graduating with Distinction and serving as Manuscript Editor of The Law Review. He went on to earn a Masters of Law Degree (LL.M.) in Criminal Justice from New York University Law School. In May of 2014, Mr. Brafman was awarded an Honorary Doctorate from Ohio Northern University Law School. Mr. Brafman, a former Assistant District Attorney in the Rackets Bureau of the New York County District Attorney’s Office, has been in private practice since 1980. -
OJ Simpson Murder Trial DVD Cataloging Still in Progress
OJ SIMPSON MURDER TRIAL O.J. Simpson "Bronco Chase" audio CD (full transcript can be seen here) OJ Simpson Murder Trial DVD Collection (each disc is roughly 4 hours) Two hundred 4 hr. DVD's, professionally edited (100% commercial free) - contains virtually every minute of testimony. Recorded from local L.A. television stations, live as the events unfolded. Coverage begins with reports of the murders, till weeks after the verdict - and beyond. "O.J. Simpson - The Whole Story (and then some)" legend: "break" = fade to black, edited commercial break "H/C" = Hard Copy "ET" = Entertainment Tonight * To purchase, or inquire about OJ SImpson Murder Trial DVD duplications, click here * * To download a .pdf file of this OJ SImpson Murder Trial DVD listing, click here (322 KB) * OJ TRIAL #001 DVD (3:53:00) * News reports of the deaths of Nicole Brown Simpson and Ronald Goldman (ABC News, FX) * OJ waiting in truck outside of his house (@ 0:01:10) * Taped earlier: end of freeway chase, to Parker Center, news reports (@ 0:50:00) * Gil Garcetti, Commander Gascon: recap of charges (@ 1:36:48) * OJ's mug shot released on 11 o'clock news (@ 2:23:00), recap of days events * Johnnie Cochran, Al Michaels on "NightLine" (@ 2:51:00) * KNBC Morning News recap of events (@ 2:58:00) * Criminal Courts Bldg. Pre-Trial Preliminary Hearing, KNBC - Judge Kathleen Kennedy-Powell (@ 3:02:00) * Michele Kestler - LAPD Crime Lab (@ 3:18:00), cross-examination (@ 3:49:00), recess (@ 3:52:00) * KNBC news-break. OJ TRIAL #002 DVD (3:58:45) * Live evidence search KNBC news * Michele Kestler cross-examination cont. -
The Daily Egyptian, October 04, 1995
Southern Illinois University Carbondale OpenSIUC October 1995 Daily Egyptian 1995 10-4-1995 The Daily Egyptian, October 04, 1995 Daily Egyptian Staff Follow this and additional works at: https://opensiuc.lib.siu.edu/de_October1995 Volume 81, Issue 32 This Article is brought to you for free and open access by the Daily Egyptian 1995 at OpenSIUC. It has been accepted for inclusion in October 1995 by an authorized administrator of OpenSIUC. For more information, please contact [email protected]. Inside: Logging in the Cripps Bend area in Shawnee National Forest is complete - page 3 - Daily Egyptian we?Z?Jday Southern Illinois Uni\'ersity at Carbondale Vol. 81, No. 32, 16 pages After nine months, Simpson not guilty LOS ANGELES (CNN) stood and faceµ lhc jury a.~ 51-ycar-old local government after 9:30 p.m .• found the hou!>C in Gus Bode a court clerk read two "not guilty" employee. darkness. apparently with no one at For more vcnlicts shortly after IO a.m. PDT. Tcstimonv in the trial look almost home. Orenth;il information I le moul/1cd the wonl~ "thank you" nine month~~. encompassing ahout Simpson, a college football star James Simpson on the O.J. after each verdict was read. 120 witnesses. 45,000 pages of evi and Heisman ,\ward winner, was is a free man. · verdict !',!cmhcrs of Simpson's fan1ily cried dence and 1,100 exhibits. But the later clech:d to the pm-football Hall lie was acquit• sre1iage-l tears of joy in the counroom a.~ the jury of IO women and tw<J men, of Fame and parlayed his skill a.s an 1cd Tuesday in family of murder victim Ron comprising nine blacks, two white.~ athlete into a successful c:irccr a.s a the brutal stab- Goldman wept just a few feet away. -
E Media, the Jury, and the High-Profile Defendant: a Defense
VOLUME 55 | 2010/11 JOHN C. MERINGOLO !e Media, the Jury, and the High-Pro"le Defendant: A Defense Perspective on the Media Circus ABOUT THE AUTHOR: John Meringolo received his J.D. from New York Law School in 1999 and is currently a criminal defense attorney in New York City. Early in his career, Mr. Meringolo gained experience while working under the esteemed James LaRossa, beginning with the trial of United States v. DeMartino, No. 03 CR 285 (RJD) (E.D.N.Y. May 7, 2004). Such experience provided Mr. Meringolo instant exposure to high-profile criminal defense. Over the last seven years of Mr. Meringolo’s private practice, he has tried numerous high-profile cases, including: United States v. DePalma, No. 05 CR 225 (AKH) (S.D.N.Y. June 6, 2006), United States v. Boyle, No. 03 CR 970 (SJ) (E.D.N.Y. Mar. 21, 2005), Indictment, People v. Lucente, No. 490-09 (E.D.N.Y. Mar. 18, 2010), and, as discussed later in this article, United States v. Gotti, No. 08 CR 1220 (PKC) (S.D.N.Y. Dec. 1, 2009). Aside from practicing law, Mr. Meringolo also teaches Trial Advocacy as an Adjunct Professor at New York Law School. 981 THE MEDIA, THE JURY, AND THE HIGH-PROFILE DEFENDANT I. INTRODUCTION Throughout American history, there has been tension between the Sixth Amendment right of a criminal defendant to receive a fair trial and the First Amendment right for freedom of the press to publish news about criminal trials. Over the last seventy-five years in particular, media coverage of trials has steadily increased as a result of rapid advancements in technology. -
The Appearance of Justice: Juries, Judges and the Media Transcript
Journal of Criminal Law and Criminology Volume 86 Article 11 Issue 3 Spring Spring 1996 The Appearance of Justice: Juries, Judges and the Media Transcript Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation The Appearance of Justice: Juries, Judges and the Media Transcript, 86 J. Crim. L. & Criminology 1096 (1995-1996) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/96/8603-1096 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 86, No. 3 Copyright © 1996 by Northwestern University, School of Law Printed in U.S.A. THE APPEARANCE OF JUSTICE: JURIES, JUDGES AND THE MEDIA TRANSCRIPT* FEATURED SPEAKERS: LESLIE ABRAMSON AND Two MENENDEZ JURORS MS. BIENEN: Leslie Abramson is a graduate of U.C.L.A. Law School. Her specific experience has been in the area of criminal de- fense. While a public defender, she was assigned to central felony tri- als, and handled over 600 felony cases and over forty felony jury trials, which included charges of murder, rape, murder, robbery, kidnaping, arson, burglary, and other crimes. She has extensive jury and trial ex- perience, mainly in felony cases, and was chief counsel in fourteen death penalty cases. MS. ABRAMSON: It's impossible for someone who has practiced criminal defense for twenty-five years come to a conference like this and not have 10,000 things to say, actually I think the people who are here, that you will hear from today, who are much more interesting than myself are Hazel Thorton and Betty Burke. -
Racializing Asian Americans in a Society Obsessed with OJ
Hastings Women’s Law Journal Volume 6 Article 4 Number 2 Seeing the Elephant 6-1-1995 Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.J. Cynthia Kwei Yung Lee Follow this and additional works at: https://repository.uchastings.edu/hwlj Recommended Citation Cynthia Kwei Yung Lee, Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.J., 6 Hastings Women's L.J. 165 (1995). Available at: https://repository.uchastings.edu/hwlj/vol6/iss2/4 This Essay is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Women’s Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Beyond Black and White: Racializing Asian Americans in a Society Obsessed with 0.1. Cynthia Kwei Yung Lee* I. Introduction The 0.1. Simpson double murder trial has been called the "Trial of the 2 Century" I and has captured the attention of millions. The trial has raised interesting questions about the convergence of issues regarding race, class, and gender. 3 Rather than extensively discussing these global issues, * The author is an Associate Professor of Law at the University of San Diego School of Law. She received an A.B. from Stanford University and a J.D. from the University of California at Berkeley, Boalt Hall School of Law. First and foremost, she wishes to thank her good friend Robert Chang who, through his own scholarship, encouraged her to write this essay. -
Public Has Very Different Opinions of Different Players in O.J
The @arris Poll THE HARRIS POLL 1995 #22 For Release: March 30, 1995 PUBLIC HAS VERY DIFFERENT OPINIONS OF DIFFERENT PLAYERS IN O.J. TRIAL MARCIA CLARK SEEN AS DOING BEST JOB OF LAWYERS AND F. LEE BAILEY THE WORST MOST PEOPLE BELIEVE DENISE BROWN AND DISBELIEVE ROSA LOPEZ Whites and A frican-Americans come to very different judgements about credibility of witnesses. By Humphrey Taylor The public generally gives Judge Lance Ito and Prosecutor Marcia Clark positive marks for their work in the O.J. Simpson trial. Majorities also give defense counsel Johnnie Cochran and Robert Shapiro positive marks -- but not as positive as Marcia Clark's. F. Lee Bailey, on the other hand, is rated 47% positive and 48% negative. These are some of the results of a nationwide Harris Poll of 1,005 adults surveyed between March 23 and 26. This Harris Poll also finds that majorities of the public tend to believe witnesses Denise Brown, Nicole Simpson's sister, and police officer Mark Fuhrman, and not to believe housekeeper Rosa Lopez. A modest plurality, but not a majority, tend to believe O.J. Simpson's house guest Kato Kaelin. Louis Harris & Associates 111 Fifth Avenue NYC (2121 639-9697 Views about the performances of lawyers and (even more strongly) the credibility of witnesses vary sharply between black and white Americans. African- d Americans are more likely to rate defense counsel highly and are far less likely to believe Denise Brown or Mark Fuhrman. Indeed, a massive 82%-10% majority of blacks do not believe Fuhrman -- which suggests that F.