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The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla Oct 1999

The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla

Law and Contemporary Problems

Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.


Making The Most Of Volunteers, Jean Baldwin Grossman, Kathryn Furano Oct 1999

Making The Most Of Volunteers, Jean Baldwin Grossman, Kathryn Furano

Law and Contemporary Problems

Grossman and Furano discuss the elements that experience has shown need to be in place to allow volunteers to be most effective. Drawing from research on mentoring and youth service over the past twenty years, they explore effective volunteer practices, illustrating them with evaluation data and practical examples.


The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott Jul 1999

The Figure In The Landscape: A Comparative Sketch Of Directors’ Self-Interested Transactions, Deborah A. Demott

Law and Contemporary Problems

Focusing on Part X of the UK's Companies Act 1985, DeMott draws contrasts with corporate law in the US. Part X has a style and feel that is distinctly different from counterpart provisions in the US corporate statutes.


Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas Apr 1999

Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas

Law and Contemporary Problems

Lloyd-Bostock and Thomas take a historical look at the English jury and place the jury and jury reform in the context of the English legal and political system.


The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff Apr 1999

The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff

Law and Contemporary Problems

Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.


Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman Apr 1999

Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman

Law and Contemporary Problems

The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.


Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman Apr 1999

Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman

Law and Contemporary Problems

Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.


Foreword, Neil Vidmar Apr 1999

Foreword, Neil Vidmar

Law and Contemporary Problems

No abstract provided.


“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart Apr 1999

“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart

Law and Contemporary Problems

Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.


The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar Apr 1999

The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar

Law and Contemporary Problems

Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.


The American Criminal Jury, Nancy Jean King Apr 1999

The American Criminal Jury, Nancy Jean King

Law and Contemporary Problems

King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.


The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young Apr 1999

The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young

Law and Contemporary Problems

In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.


The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley Apr 1999

The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley

Law and Contemporary Problems

Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.


Reviving The Criminal Jury In Japan, Lester W. Kiss Apr 1999

Reviving The Criminal Jury In Japan, Lester W. Kiss

Law and Contemporary Problems

Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.


The Civil Jury In America, Stephan Landsman Apr 1999

The Civil Jury In America, Stephan Landsman

Law and Contemporary Problems

Landsman explores several questions about the function of the modern civil jury in America, including why juries have been given so important a place in the judicial process and how the jury ought to be constituted to carry ought its work.


The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch Jan 1999

The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch

Law and Contemporary Problems

Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.


Appendix: The Statute Jan 1999

Appendix: The Statute

Law and Contemporary Problems

No abstract provided.


The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood Jan 1999

The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood

Law and Contemporary Problems

No abstract provided.


The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz Jan 1999

The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz

Law and Contemporary Problems

Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.


Can The Independent Counsel Statute Be Saved?, Katy J. Harriger Jan 1999

Can The Independent Counsel Statute Be Saved?, Katy J. Harriger

Law and Contemporary Problems

The independent counsel provisions of the Ethics in Government Act face an uncertain future. Harriger argues that the statute in its current form meets virtually none of the goals Congress intended in 1978 and that the statute should be substantially revised in an effort to minimize the costs and maximize the benefits.


Foreword, Christopher H. Schroeder Jan 1999

Foreword, Christopher H. Schroeder

Law and Contemporary Problems

No abstract provided.


Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder Jan 1999

Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder

Law and Contemporary Problems

The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.