Digital Commons Network^™

Shaken From Her Pedestal: A Decade Of New York City's Sex Industry Under Siege, Jennifer Cook

City University of New York Law Review

No abstract provided.

Protection Of "Persona" In The Eu And In The Us: A Comparative Analysis, Anna E. Helling

LLM Theses and Essays

The American Right of Publicity has been developed and applied differently in the states of the U.S. for several decades and still several questions remain regarding the nature of the right. In Europe, many countries seem to follow the American development or have a similar right protecting the commercial value of a person’s identity emerging in their legal system. With the constant globalization and increase in interaction of the sports and entertainment markets in the world, harmonization of the different rules protecting this commercial interest in a persona is necessary to grant sufficient protection. This work is a comparative study …

The Opinion Volume 44 Issue 4 – December 1, 2005, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December, 1, 2005

Tanks In The Streets: Suvs, Design Defects, And Ultrahazardous Strict Liability, Kevin Case

Chicago-Kent Law Review

SUV rollover crashes have been well-publicized and thoroughly litigated. Less attention has been paid to the lethal risks created by SUVs—particularly the latest "behemoth" SUVs like Hummers—to the occupants of other vehicles and pedestrians. Due to the design of SUVs, which are stiffer, heavier, and ride higher than cars, a collision between an SUV and a passenger car often results in catastrophic damage and injury to the occupants of the car, particularly when an SUV strikes a car broadside. Moreover, the design features of SUVs that create these dangers provide no utility or value to society. The "benefit" provided by …

The Ideology Of Terror: Why We Will Never Win The 'War', Katie Rose Guest Pryal

Katie Rose Guest Pryal

A few days after the criminal attacks on the World Trade Center, President George W. Bush declared a metaphorical war on terror. The word “war” was once again applied to a nebulous concept in hopes of rallying support to Bush’s plans. Had Bush declared war on “terrorism,” a noun that denotes physical acts of violence, the war would have remained attached to the material world. By declaring war on “terror,” America’s enemy became ephemeral and eternal. Using Althusser's theory of ideology, this article demonstrates how the public rhetoric of terror created an “ideology of terror” that created support for Bush's …

The Haitian Refugee Immigration Fairness Act, Tonya Piper

Law Library Student-Authored Works

No abstract provided.

Overview Of Law And Policy Challenges, Bartha Maria Knoppers

Louisiana Law Review

No abstract provided.

United States V. Lifshitz: Warrantless Computer Monitoring And The Fourth Amendment, Shauna Curphey

Loyola of Los Angeles Law Review

No abstract provided.

Constitutional Irony: Gonzales V. Raich, Federalism And Congressional Regulation Of Intrastate Activities Under The Commerce Clause, Steven K. Balman

Tulsa Law Review

No abstract provided.

Destabilized Doctrine At The End Of The Rehnquist Era And The Business Related Cases In Its Final Term, Barbara K. Bucholtz

Tulsa Law Review

No abstract provided.

Quality, Not Quantity: An Analysis Of Confidential Settlements And Litigants' Economic Incentives, Alison Lothes

University of Pennsylvania Law Review

No abstract provided.

A New Approach To Insanity Acquittee Recidivism: Redefining The Class Of Truly Responsible Recidivists, Maura Caffrey

University of Pennsylvania Law Review

No abstract provided.

Blogging: A Journal Need Not A Journalist Make, Anne Flanagan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Court Review: Volume 41, Issue 3-4 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Sex Offenders, Unlawful Combatants, And Preventive Detention, Michael Louis Corrado

North Carolina Law Review

No abstract provided.

Cleaning Up The Eighth Amendment Mess, Tom Stacy

William & Mary Bill of Rights Journal

This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …

Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe

Institute for Asian American Studies Publications

Although somewhat later than other major urban areas, Boston has been experiencing fundamental demographic changes. The 2000 Census reported that for the first time non-Hispanic whites constitute a minority of the city’s population. Subsequent Census estimates confirm an even stronger trend toward a rapidly diversifying population.

Immigration has been a major factor in this growth and diversification. A recent report shows that over the last 15 years more than 22,000 new immigrants have annually settled in Massachusetts. The foreign-born as a percentage of the population has grown from 9.4 percent in 1980 to 14.3 percent in 2004.

Public Health And The Law: Responding To Terrorism And Other Public Health Emergencies In New York, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Seeing Straight In The Workplace: An Examination Of Sexual Orientation Discrimination In Public Employment In The Aftermath Of Lawrence V. Texas, Devin A. Cohen

ExpressO

Title VII does not explicitly protect homosexual employees from sexual orientation discrimination and the courts have generally refused to bootstrap sexual orientation discrimination into Title VII as a form of gender discrimination. Therefore, homosexual employees have had to depend on their constitutional rights to protect them from their public employers’ sexual orientation discrimination. Traditionally, the courts have allowed public employers to discriminate against homosexual employees so long as the employers’ reasons were rationally related to legitimate business purposes.

I argue that the Supreme Court’s reasoning in Lawrence v. Texas forces future courts to question the reasonableness of employers’ rational bases. …

Detection Avoidance, Chris William Sanchirico

ExpressO

In practice, the problem of law enforcement is half a matter of what the government does to catch violators and half a matter of what violators do to avoid getting caught. In the theory of law enforcement, however, although the state’s efforts at "detection" play a decisive role, offenders’ efforts at "detection avoidance" are largely ignored. Always problematic, this imbalance has become critical in recent years as episodes of corporate misconduct spur new interest in punishing process crimes like obstruction of justice and perjury. This article adds detection avoidance to the existing theoretical frame with an eye toward informing the …

Prison Rape Elimination Act (Prea) Summary Of Responses From Juvenile Focus Group On Staff Sexual Misconduct And Youth On Youth Sexual Assault (Focus Group: Juvenile Justice Agencies - Addressing Rape Of Youth In Correctional Custody, Overview Of Current Efforts, Close Out And Reactions (Delivery Strategies, Products)), Brenda V. Smith, Andie Moss

Presentations

Responses to thirteen questions regarding curriculum related to staff sexual misconduct with youth and youth on youth sexual assault are provided. "The objectives of the focus groups included: (1) to gather data that will inform NIC [National Institute of Corrections] in how to best develop a juvenile oriented curriculum on staff sexual misconduct; (2) to gather data that will guide NIC in identifying the major staff sexual misconduct related issues in juvenile corrections, including what stakeholders should be consulted, and what strategies should be utilized in naming the issues and building knowledge about the PREA [Prison Rape Elimination Act]; and …

The Misery Of Mitra: Considering Criminal Punishment For Computer Crimes, James T. Tsai

ExpressO

This paper analyzes the policies and philosophy of punishment for computer crimes under the post-Sept. 11th regime. I argue that the judicial discourse represented in Mitra represents a willingness to use the Computer Fraud and Abuse Act to go after defendants that cause trouble with critical infrastructures, the so-called “domestic terrorist.” This is manifested in the levels of punishments for such offenses and calls into question whether the traditional theories of punishment are applicable. I argue that as a policy, it makes good sense but the hazy definitions of terrorism may present problems for its success, and instead an approach …

Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd

McCabe Thesis Collection

This study will attempt to determine the direct and indirect consequences of Federal mandatory minimum drug sentences and drug policy to African Americans. It will examine statistics on drug use, arrest, convictions, and incarceration of African Americans. These statistics will be gathered from several government agencies and will be used to determine if American drug policy discriminates against African Americans. The purpose of this study is to inform and educate African Americans about Federal mandatory minimum drug sentences and the impact they are having on Black communities and to provide links to resources that can be used to promote drug …

"The Constitutional Infringement Zone": Protest Pens And Demonstration Zones At The 2004 National Political Conventions, Susan Rachel Nanes

Louisiana Law Review

No abstract provided.

Proportionality As A Principle Of Limited Government, Alice Ristroph

Duke Law Journal

This Article examines proportionality as a constitutional limitation on the power to punish. In the criminal context, proportionality is often mischaracterized as a specifically penological theory-an ideal linked to specific accounts of the purpose of punishment. In fact, a constitutional proportionality requirement is better understood as an external limitation on the state's penal power that is independent of the goals of punishment. Proportionality limitations on the penal power arise not from the purposes of punishment, but from the fact that punishing is not the only purpose that the state must pursue. Other considerations, especially the protection of individual interests in …

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.

The Comparative Catalyst: Reforming Graham V. Daimlerchrysler, Kevin Logan

San Diego Law Review

This Casenote examines the California Supreme Court's decision in Graham v. DaimlerChrysler concluding that the adoption of a stricter definition of "public interest" litigation and a comparative catalyst rule will serve to stem the flood of unproductive lawsuits in the high court's ill-conceived decision will otherwise unleash.

Edict V. Dicta: Rolling Back Rights In The Second Circuit Under The Clearly Established Clause Of The Aedpa Amended Habeas Statute, Aron E. Goldschneider

Northern Illinois University Law Review

This article, through a close critical analysis of two recent habeas corpus decisions by the Second Circuit Court of Appeals, shows how appellate courts, under § 2254 of the AEDPA amended habeas statute, are methodically erasing venerable and well-considered federal habeas precedents that formerly protected state defendants' rights. In the process of examining these Second Circuit decisions' impact on two discrete areas of criminal trial procedure, the article exposes the way in which habeas review under the AEDPA too often becomes a formalistic yet un-disciplined exercise that turns away from the crucial question that should be at the heart of …

Remedying A Particularized Form Of Discrimination: Why Disabled Plaintiffs Can And Should Bring Claims For Police Misconduct Under The Americans With Disabilities Act, Rachel E. Brodin

University of Pennsylvania Law Review

No abstract provided.

Attention Felons: Evaluating Project Safe Neighborhood In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan

Coase-Sandor Working Paper Series in Law and Economics

This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …