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American University Washington College of Law

2005

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The "New Judicial Federalism" Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders Dec 2005

The "New Judicial Federalism" Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders

American University Law Review

The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in the state courts Lochner's doctrine of economic substantive due process lives on. Since the New Deal, courts in almost every state have rebuffed the United States Supreme Court and have interpreted their own state constitutions' due process clauses to provide substantive protections to economic liberties. This Article presents a comprehensive survey of state court use of economic substantive due process since the New Deal. It includes an enumeration of every instance since 1940 of a state court of highest …


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 Nov 2005

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 …


Epilogue: Overcriminalizing: An Agenda For Change, Paul Rosenzweig Jan 2005

Epilogue: Overcriminalizing: An Agenda For Change, Paul Rosenzweig

American University Law Review

No abstract provided.


The Overcriminalization Phenomenon, Erik Luna Jan 2005

The Overcriminalization Phenomenon, Erik Luna

American University Law Review

No abstract provided.


The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale Jan 2005

The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale

American University Law Review

No abstract provided.


Constitutional Historicism: An Examination Of The Eighth Amendment Evolving Standards Of Decency Test, William C. Heffernan Jan 2005

Constitutional Historicism: An Examination Of The Eighth Amendment Evolving Standards Of Decency Test, William C. Heffernan

American University Law Review

No abstract provided.


A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown Jan 2005

A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown

The Modern American

No abstract provided.


Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz Jan 2005

Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz

The Modern American

No abstract provided.


Volume 1, Issue 1, The Modern American Jan 2005

Volume 1, Issue 1, The Modern American

The Modern American

No abstract provided.


Targeting Legal Advice, Peter J. Henning Jan 2005

Targeting Legal Advice, Peter J. Henning

American University Law Review

No abstract provided.


Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza Jan 2005

Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza

American University International Law Review

No abstract provided.


The Ruling Of The International Court Of Justice In The Avean And Other Meixican Natioanls: Enforcing The Right To Consular Assistance In U.S. Jurispudence, Adrienne M. Tranel Jan 2005

The Ruling Of The International Court Of Justice In The Avean And Other Meixican Natioanls: Enforcing The Right To Consular Assistance In U.S. Jurispudence, Adrienne M. Tranel

American University International Law Review

No abstract provided.


For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan Jan 2005

For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Rome Statute, Some Reservations Concerning Amnesties, And A Distributive Problem, Dwight G. Newman Jan 2005

The Rome Statute, Some Reservations Concerning Amnesties, And A Distributive Problem, Dwight G. Newman

American University International Law Review

No abstract provided.


Should A Requirement Of "Clean Hands" Be A Prerequisite To The Exercise Of Diplomatic Protection? Human Rights Implications Of The International Law Commission's Debate, Aleksandr Shapovalov Jan 2005

Should A Requirement Of "Clean Hands" Be A Prerequisite To The Exercise Of Diplomatic Protection? Human Rights Implications Of The International Law Commission's Debate, Aleksandr Shapovalov

American University International Law Review

No abstract provided.


Solitary Confinement And International Human Rights: Why The U.S. Prison System Fails Global Standards, Elizabeth Vasiliades Jan 2005

Solitary Confinement And International Human Rights: Why The U.S. Prison System Fails Global Standards, Elizabeth Vasiliades

American University International Law Review

No abstract provided.


Seeking Synchronicity: Thoughts On The Role Of Domestic Law Enforcement In Counterterrorism, Jeff Breinholt Jan 2005

Seeking Synchronicity: Thoughts On The Role Of Domestic Law Enforcement In Counterterrorism, Jeff Breinholt

American University International Law Review

No abstract provided.


Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier Jan 2005

Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier

American University International Law Review

No abstract provided.


Iraq, Cambodia, And International Justice , Patricia M. Wald Jan 2005

Iraq, Cambodia, And International Justice , Patricia M. Wald

American University International Law Review

No abstract provided.


Defining Overcriminalization Through Cost-Benefit Analysis: The Example Of Criminal Copyright Laws, Geraldine Szott Moohr Jan 2005

Defining Overcriminalization Through Cost-Benefit Analysis: The Example Of Criminal Copyright Laws, Geraldine Szott Moohr

American University Law Review

No abstract provided.


Foreword: Overcriminalization: The Politics Of Crime, Ellen S. Podgor Jan 2005

Foreword: Overcriminalization: The Politics Of Crime, Ellen S. Podgor

American University Law Review

No abstract provided.


Comment: Does Hiibel Redefine Terry? The Latest Expansion Of The Terry Doctrine And The Silent Impact Of Terrorism On The Supreme Court's Decision To Compel Identification, Jamie L. Stulin Jan 2005

Comment: Does Hiibel Redefine Terry? The Latest Expansion Of The Terry Doctrine And The Silent Impact Of Terrorism On The Supreme Court's Decision To Compel Identification, Jamie L. Stulin

American University Law Review

No abstract provided.


Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr. Jan 2005

Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr.

American University Law Review

No abstract provided.


Ethics And The Problem Of White Collar Crime, John Hasnas Jan 2005

Ethics And The Problem Of White Collar Crime, John Hasnas

American University Law Review

No abstract provided.


Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington Jan 2005

Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington

American University Journal of Gender, Social Policy & the Law

No abstract provided.


De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle Jan 2005

De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle

Human Rights Brief

No abstract provided.


Legislative Watch, Ryan Vogel Jan 2005

Legislative Watch, Ryan Vogel

Human Rights Brief

No abstract provided.


Terrorists, Warlords, And Thugs , David M. Crane Jan 2005

Terrorists, Warlords, And Thugs , David M. Crane

American University International Law Review

No abstract provided.


Operation Murambatsvina: A Crime Against Humanity Under The Rome Statute? , Jeff Nicolai Jan 2005

Operation Murambatsvina: A Crime Against Humanity Under The Rome Statute? , Jeff Nicolai

American University International Law Review

No abstract provided.


Lori Berenson V. Peru: An Analysis Of Selected Holdings By The Inter-American Court Of Human Rights, Joseph May Jan 2005

Lori Berenson V. Peru: An Analysis Of Selected Holdings By The Inter-American Court Of Human Rights, Joseph May

American University International Law Review

No abstract provided.