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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 .............................................. -
University of Pennsylvania Law Review
University of Pennsylvania Law Review FOUNDED 1852 ________________ Formerly American Law Register ________________________ VOL. 157 APRIL 2009 NO.4 ARTICLE PROSECUTORIAL REGULATION VERSUS PROSECUTORIAL ACCOUNTABILITY † STEPHANOS BIBAS No government official has as much unreviewable power or discretion as the prosecutor. Few regulations bind or even guide prosecutorial discretion, and fewer still work well. Most commentators favor more external regulation by legis- latures, judges, or bar authorities. Neither across-the-board legislation nor ex post review of individual cases has proven to be effective, however. Drawing on man- agement literature, this Article reframes the issue as a principal-agent problem and suggests corporate strategies for better serving the relevant stakeholders. Fear of voters could better check prosecutors, as could victim participation in individ- † Professor, University of Pennsylvania Law School. B.A., Columbia; B.A., M.A., Oxford; J.D., Yale. E-mail: stephanos *dot* bibas *at* gmail *dot* com. Thanks to Rachel Barkow, Richard Bierschbach, Paul Butler, Adam Cox, Mariano-Florentino Cuéllar, Margareth Etienne, Jeffrey Fagan, Jacob Gersen, Bernard Harcourt, Todd Henderson, Douglas Lichtman, Erik Luna, Richard McAdams, Tracey Meares, John Pfaff, Randal Picker, Eric Posner, Margaret Raymond, Jacqueline Ross, Carol Steiker, Lior Strahilevitz, Ronald Wright, and participants in the University of Chicago Crimi- nal Justice Roundtable for their thoughts and comments and to Jordan Esbrook and Brian Raimondo for research assistance. (959) 960 University of Pennsylvania Law Review [Vol. 157: 959 ual cases. Scholars have largely neglected the most promising avenue of reform, namely changing the internal structure and management of prosecutors’ offices. Leaders could do more to develop office cultures, norms, and ideals that value more than maximizing conviction statistics. -
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. -
100 Facts About Rosa Parks on Her 100Th Birthday
100 Facts About Rosa Parks On Her 100th Birthday By Frank Hagler SHARE Feb. 4, 2013 On February 4 we will celebrate the centennial birthday of Rosa Parks. In honor of her birthday here is a list of 100 facts about her life. 1. Rosa Parks was born on Feb 4, 1913 in Tuskegee, Alabama. ADVERTISEMENT Do This To Fix Car Scratches This car gadget magically removes scratches and scuffs from your car quickly and easily. trynanosparkle.com 2. She was of African, Cherokee-Creek, and Scots-Irish ancestry. FEATURED VIDEOS Powered by Sen Gillibrand reveals why she's so tough on Al Franken | Mic 2020 NOW PLAYING 10 Sec 3. Her mother, Leona, was a teacher. 4. Her father, James McCauley, was a carpenter. 5. She was a member of the African Methodist Episcopal church. 6. She attended the Industrial School for Girls in Montgomery. 7. She attended the Alabama State Teachers College for Negroes for secondary education. 8. She completed high school in 1933 at the age of 20. 9. She married Raymond Parker, a barber in 1932. 10. Her husband Raymond joined the NAACP in 1932 and helped to raise funds for the Scottsboro boys. 11. She had no children. 12. She had one brother, Sylvester. 13. It took her three tries to register to vote in Jim Crow Alabama. 14. She began work as a secretary in the Montgomery chapter of the NAACP in 1943. 15. In 1944 she briefly worked at Maxwell Air Force Base, her first experience with integrated services. 16. One of her jobs within the NAACP was as an investigator and activist against sexual assaults on black women. -
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. -
2014 0- Do Not Enter Social Security Numbers on This Form As It May Be Made Public
l efile GRAPHIC p rint - DO NOT PROCESS As Filed Data - DLN: 93491085004025 OMB No 1545-0052 Form 990-PF Return of Private Foundation or Section 4947(a)(1) Trust Treated as Private Foundation Department of the Treasury 2014 0- Do not enter social security numbers on this form as it may be made public. Internal Revenue Service 0- Information about Form 990-PF and its instructions is at www.irs.gov/form990pf . For calendar year 2014, or tax year beginning 01-01-2014 , and ending 12-31-2014 Name of foundation A Employer identification number Roth Family Foundation 88-0352682 Number and street ( or P 0 box number if mail is not delivered to street address) Room/suite 6 ieiepnone number ( see instructions) 12021 Wilshire Boulevard Room 505 (213) 880-8528 City or town, state or province , country, and ZIP or foreign postal code C If exemption application is pending, check here F Los Angeles, CA 90025 G Check all that apply r'Initial return r'Initial return of a former public charity D 1. Foreign organizations , check here (- r Final return r'Amended return 2. Foreign organizations meeting the 850/, r-Address change r'Name change test, check here and attach computation F E If private foundation status was terminated H C heck type of organization Section 501( c)(3) exempt private foundation und er section 507 ( b )( 1 )( A ), c hec k here F_ Section 4947( a)(1) nonexempt charitable trust r'Other taxable private foundation I Fair market value of all assets at end J Accounting method F Cash F Accrual F If the foundation is in a 60 - month termination of year (from Part II, col. -
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. -
Welcoming Dean Rachel F. Moran
PRESORTED FIRST CLASS MAIL NO. 1 NO. US POSTAGE PAID Box 951476 33 UCLA Los Angeles, CA 90095-1476 VOL. FALL 2010 FALL Welcoming Dean Rachel F. moRan Q & a With Ucla laW’s 8th Dean Williams institUte celebRates 10 Years of Groundbreaking Impact on Law and Public Policy 211791_Cover_FC_r4.indd 1 9/9/2010 1:17:01 PM contents FALL 2010 VOL. 33 NO. 1 © 2010 REGENTS OF THE UNIVERSITY OF CALIFORNIA UCLA SCHOOL OF LAW OFFICE OF EXTERNAL AFFAIRS BOX 951476 | LOS ANGELES, CALIFORNIA 90095-1476 Stephen C. Yeazell uCLa Law bOaRD Of aDvISORS 38 Interim Dean and David G. Price and Dallas P. Price Kenneth Ziffren ’65, Chair Distinguished Professor of Law Nancy L. Abell ’79 Rachel F. Moran James D. C. Barrall ’75 Dean Designate Jonathan F. Chait ’75 Laura Lavado Parker Stephen E. Claman ’59 Associate Dean, External Affairs Melanie K. Cook ’78 Lauri L. Gavel David J. Epstein ’64 41 56 Director of Communications Edwin F. Feo ’77 David W. Fleming ’59 resnick gift cappello courtroom student trips EDITORS Arthur N. Greenberg ’52 Lauri L. Gavel Bernard A. Greenberg ’58 Director of Communications A gift from Stewart celebration Students travel the globe Antonia Hernández ’74 Sara Wolosky Margarita Paláu Hernández ’85 ’62 and Lynda Resnick UCLA Law inaugurates to further work of UCLA Communications Officer Joseph K. Kornwasser ’72 supports public the A. Barry Cappello Law programs. Stewart C. Kwoh ’74 DESIGN service work. Courtroom with a visit Victor B. MacFarlane ’78 Frank Lopez Michael T. Masin ’69 Manager of Publications by the Ninth Circuit. -
OJ Episode 1, FINAL, 6-3-15.Fdx Script
EPISODE 1: “FROM THE ASHES OF TRAGEDY” Written by Scott Alexander and Larry Karaszewski Based on “THE RUN OF HIS LIFE” By Jeffrey Toobin Directed by Ryan Murphy Fox 21 FX Productions Color Force FINAL 6-3-15 Ryan Murphy Television ALL RIGHTS RESERVED. COPYRIGHT © 2015 TWENTIETH CENTURY FOX FILM CORPORATION. NO PORTION OF THIS SCRIPT MAY BE PERFORMED, PUBLISHED, REPRODUCED, SOLD, OR DISTRIBUTED BY ANY MEANS OR QUOTED OR PUBLISHED IN ANY MEDIUM, INCLUDING ANY WEB SITE, WITHOUT PRIOR WRITTEN CONSENT OF TWENTIETH CENTURY FOX FILM CORPORATION. DISPOSAL OF THIS SCRIPT COPY DOES NOT ALTER ANY OF THE RESTRICTIONS SET FORTH ABOVE. 1 ARCHIVE FOOTAGE - THE RODNEY KING BEATING. Grainy, late-night 1 video. An AFRICAN-AMERICAN MAN lies on the ground. A handful of white LAPD COPS stand around, watching, while two of them ruthlessly BEAT and ATTACK him. ARCHIVE FOOTAGE - THE L.A. RIOTS. The volatile eruption of a city. Furious AFRICAN-AMERICANS tear Los Angeles apart. Trash cans get hurled through windows. Buildings burn. Cars get overturned. People run through the streets. Faces are angry, frustrated, screaming. The NOISE and FURY and IMAGES build, until -- SILENCE. Then, a single CARD: "TWO YEARS LATER" CUT TO: 2 EXT. ROCKINGHAM HOUSE - LATE NIGHT 2 ANGLE on a BRONZE STATUE of OJ SIMPSON, heroic in football regalia. Larger than life, inspiring. It watches over OJ'S estate, an impressive Tudor mansion on a huge corner lot. It's June 12, 1994. Out front, a young LIMO DRIVER waits. He nervously checks his watch. Then, OJ SIMPSON comes rushing from the house.