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1999

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Articles 1 - 30 of 4581

Full-Text Articles in Law

Trends. Psychological Discord At The War Crimes Tribunal, Ibpp Editor Dec 1999

Trends. Psychological Discord At The War Crimes Tribunal, Ibpp Editor

International Bulletin of Political Psychology

The author discusses possible external signs of a perpetrator of genocide.


Sexual Policy And The Military: A Need For A Primer On The Birds And The Bees, Ibpp Editor Dec 1999

Sexual Policy And The Military: A Need For A Primer On The Birds And The Bees, Ibpp Editor

International Bulletin of Political Psychology

This article describes some basic misconceptions about sex as explicated in the personnel and security policies of the United States Department of Defense (DOD).


Law Enforcement And Political Demonstrations As The Whole World Watches: The Rise Of Globocop?, Ibpp Editor Dec 1999

Law Enforcement And Political Demonstrations As The Whole World Watches: The Rise Of Globocop?, Ibpp Editor

International Bulletin of Political Psychology

This article posits that--at present--the promise of global telecommunications-induced progress for human and civil rights may be oversold.


Escaping Athlete Agent Statutory Regulation: Loopholes And Constitutional Defectiveness Based On Tri-Parte Classification Of Athletes, Rob Remis, Diane Sudia Dec 1999

Escaping Athlete Agent Statutory Regulation: Loopholes And Constitutional Defectiveness Based On Tri-Parte Classification Of Athletes, Rob Remis, Diane Sudia

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Civil Rights - Athlete Eligibility - High School Athletic Association's Eight-Semester Eligibility Requirement Is Neutral And Does Not Violate The Americans With Disabilities Act Or Rehabilitative Act - Mcpherson V. Michigan High School Athletic Ass'n, Inc., 119 F.3d 453 (6th Cir. 1997)., George Haines Dec 1999

Civil Rights - Athlete Eligibility - High School Athletic Association's Eight-Semester Eligibility Requirement Is Neutral And Does Not Violate The Americans With Disabilities Act Or Rehabilitative Act - Mcpherson V. Michigan High School Athletic Ass'n, Inc., 119 F.3d 453 (6th Cir. 1997)., George Haines

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Are Professional Athletes Better Served By A Lawyer-Representative Than An Agent? Ask Grant Hill, Stacey M. Nahrwold Dec 1999

Are Professional Athletes Better Served By A Lawyer-Representative Than An Agent? Ask Grant Hill, Stacey M. Nahrwold

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Fragmented Liberty Clause, Rebecca L. Brown Dec 1999

The Fragmented Liberty Clause, Rebecca L. Brown

William & Mary Law Review

No abstract provided.


Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese Dec 1999

Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese

William & Mary Law Review

No abstract provided.


A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen Dec 1999

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.


Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming Dec 1999

Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming

William & Mary Law Review

No abstract provided.


Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein Dec 1999

Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein

William & Mary Law Review

No abstract provided.


The Role Of "Stories" In Civil Jury Judgments, Reid Hastie Dec 1999

The Role Of "Stories" In Civil Jury Judgments, Reid Hastie

University of Michigan Journal of Law Reform

A brief review of psychological theories of juror decision making is followed by an introduction to "explanation-based" theories of judgment. Prior empirical studies of explanation-based processes in juror decision making are then reviewed. An original empirical study of jurors' judgments concerning liability for punitive damages is presented to illustrate the explanation-based approach to civil decisions.


Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer Dec 1999

Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer

University of Michigan Journal of Law Reform

Ronald Longhofer, an experienced litigator, discusses the challenges inherent in trying a complex civil case to a jury. He explores aspects of complex litigation that often impede jurors from effectively hearing such cases. In conclusion, he suggests litigation techniques which have proved successful in overcoming such obstacles and effectively translating complex evidence to jurors.


The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood Dec 1999

The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood

University of Michigan Journal of Law Reform

The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.


The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman Dec 1999

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman

University of Michigan Journal of Law Reform

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of …


A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott Dec 1999

A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott

University of Michigan Journal of Law Reform

The Internal Revenue Code provides guidelines for states to create and maintain college tuition savings programs which offer federal tax benefits to investors. Several states have enacted tuition savings plans in accordance with these guidelines. In addition to the federal tax benefits allowed, New York offers a state tax deduction to New York residents who invest in its plan, the New York College Choice Tuition Savings Program. New York does not offer the deduction, however, to residents who invest in comparable programs offered by other states. The tax deduction thus creates an incentive for residents to invest in the in-state …


The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder Dec 1999

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

University of Michigan Journal of Law Reform

After the verdicts in the OJ Simpson and Stacey Koon/Laurence Powell cases, many in the press explained the juries' acquittals as instances of jury nullification. However these were unlikely to have been instances of nullification, particularly because the jurors explained that their verdicts were based on reasonable doubt. One motivation for these false claims of jury nullification was the homogeneity of the juries-a largely African-American jury in the case of Simpson and a largely white jury in the case of Koon/Powell. Nullification became the term by which press and public attempted to discredit verdicts rendered by juries they distrusted. A …


When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan Dec 1999

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

University of Michigan Journal of Law Reform

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …


What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf Dec 1999

What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf

University of Michigan Journal of Law Reform

Children Requiring a Caring Kommunity (C.R.A.C.K.) is an organization that pays current or former drug addicts $200 to be sterilized. While generating great public controversy, C.R.A.C.K. is expanding rapidly throughout the country. Its clients are disproportionately poor women of color, who are coerced by the offer of money into permanently relinquishing their reproductive rights. This Note argues that C.R.A.C.K. is a program of eugenical sterilization that cannot be tolerated. Moreover, C.R.A.C.K. further violates settled national public policy by offensively commodifying the ill-commodifiable, by demeaning women, and by starting down a slippery slope with devastating consequences. This Note proposes legislation that …


An Essay On Teaching Professional Responsibility, L. Ray Patterson Dec 1999

An Essay On Teaching Professional Responsibility, L. Ray Patterson

Northern Illinois University Law Review

There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …


Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi Cahn, Jana Singer Dec 1999

Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi Cahn, Jana Singer

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Fiscal Powers And The 1930s: Entrenchment, John Harrison Dec 1999

The Fiscal Powers And The 1930s: Entrenchment, John Harrison

William & Mary Law Review

No abstract provided.


What Does Frieda Yoder Believe?, Emily Buss Dec 1999

What Does Frieda Yoder Believe?, Emily Buss

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Children And The Child Welfare System, Richard J. Gelles, Ira Schwartz Dec 1999

Children And The Child Welfare System, Richard J. Gelles, Ira Schwartz

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Juvenile Court's Next Century - Getting Past The I11-Founded Talk Of Abolition, Gary L. Crippen Dec 1999

The Juvenile Court's Next Century - Getting Past The I11-Founded Talk Of Abolition, Gary L. Crippen

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


An Emerging Right For Mature Minors To Receive Information, Catherine J. Ross Dec 1999

An Emerging Right For Mature Minors To Receive Information, Catherine J. Ross

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Editor's Note, Meggan L. Frye Dec 1999

Editor's Note, Meggan L. Frye

Federal Communications Law Journal

No abstract provided.


Financing Telecommunications Projects In Asia: A Promising Regulatory Perspective, Rachelle B. Chong, Wendy Chow Dec 1999

Financing Telecommunications Projects In Asia: A Promising Regulatory Perspective, Rachelle B. Chong, Wendy Chow

Federal Communications Law Journal

Asia's telecommunications market has long been viewed as lucrative and fast growing. As the benefits of a competitive telecommunications market become apparent, many Asian governments recognize that global corporations require, and in fact demand, state-of-the-art telecommunications infrastructure. After several years of strong growth, however, the severe economic crisis that affected all industry segments in Asia caused investors to pause and reevaluate the risks involved in financing infrastructure projects. Despite the recent Asian economic crisis, the overall picture for Asian telecommunications infrastructure projects remains promising. Asian governments continue to liberalize their regulatory schemes, thus reducing regulatory and political risks to investors. …


Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser Dec 1999

Privatization And The Freedom Of Information Act: An Analysis Of Public Access To Private Entities Under Federal Law, Craig D. Feiser

Federal Communications Law Journal

Congress drafted the Freedom of Information Act to ensure that the public would always be able to keep track of the events happening behind governmental agency doors. In an age of privatization of governmental services in the name of efficiency, the Act needs to be adapted to ensure that its original purpose remains sound. Thus far, courts have not kept pace with this purpose by interpreting agency and agency record under the Act too narrowly. This may very well result in government secrecy as services are farmed out to entities not covered under the Act. This Article analyzes the various …


The Battle For Portland, Maine, L. Andrew Tollin Dec 1999

The Battle For Portland, Maine, L. Andrew Tollin

Federal Communications Law Journal

In 1985, when the FCC began the competitive process of deciding who would be licensed to provide cellular telephone service to Portland, Maine, chaos and irony reigned. Thirteen years later, after a bitter legal battle among local telephone companies, a provider was finally selected. At one point or another, all three branches of government became involved. The license itself changed hands three times during the case and, in essence, three different telephone systems were constructed. Ultimately, the case was decided on the basis of whether the FCC complied with a preexisting federal law, the Paperwork Reduction Act, in adopting the …