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Full-Text Articles in Law
The Forty-Fourth Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities And The Special Session Of The Commission On Human Rights On The Situation In The Former Yugoslavia, Alya Z. Kayal, Penny L. Parker, David Weissbrodt
The Forty-Fourth Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities And The Special Session Of The Commission On Human Rights On The Situation In The Former Yugoslavia, Alya Z. Kayal, Penny L. Parker, David Weissbrodt
Articles
The 1992 meeting of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities is chronicled, along with the results of the special session held by the UN Human Rights Commission on Yugoslavia. The work of the Sub-Commission included surveying human rights compliance in various member countries, mandating compliance for Bosnia-Herzegovina, East Timor, Bougainville and Haiti, and discussing issues such as homosexual discrimination as human rights violations. The Commission took evidence on abuses in Yugoslavia and resolved to take action to force compliance.
The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase
The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase
Articles
Minnesota's experience with sentencing guidelines remains critically important to legislators and sentencing reformers in other jurisdictions. Minnesota adopted the first commission-based presumptive sentencing system in 1980, and its Guidelines 1 have been the focus of exhaustive study. 2 The Minnesota Sentencing Guidelines Commission has routinely collected extensive data on all felony sentences, as well as more detailed data on selected sentencing samples. 3 This rich source of data and commentary, coupled with a considerable appellate caselaw interpreting the Guidelines and over a decade of legislative and Commission-initiated amendments, provides invaluable lessons concerning the processes by which commission-based guidelines are drafted, …
The Uncertain Future Of Sentencing Guidelines, Richard Frase
The Uncertain Future Of Sentencing Guidelines, Richard Frase
Articles
As of the fall of 1993, at least 15 states and the federal government had adopted or were in the process of adopting sentencing guidelines developed by an independent sentencing commission. 1 Minnesota pioneered this approach to sentencing reform in 1978. 2 Its guidelines have now been in effect for more than a decade, and they have been more extensively studied and evaluated than any other system. 3 In addition, many observers believe that the Minne sota Sentencing Guidelines remain one of the better-designed and successful systems of this type. 4 Ironically, the more-recently-enacted Federal Sentencing Guidelines may be the …
Organizational Crime, Michael Tonry
Sentencing Commissions And Their Guidelines, Michael Tonry
Sentencing Commissions And Their Guidelines, Michael Tonry
Articles
Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despite controversies associated with the highly unpopular federal guidelines, commissions and their guidelines have achieved their primary goals. Some commissions have achieved specialized technical competence, have adopted comprehensive policy approaches, and have to a degree insulated policy from short-term political pressures. Guidelines have reduced disparities and gender and sex differences in …
Implementing Commission-Based Sentencing Guidelines: The Lessons Of The First Ten Years In Minnesota, Richard Frase
Implementing Commission-Based Sentencing Guidelines: The Lessons Of The First Ten Years In Minnesota, Richard Frase
Articles
No abstract provided.
Sentencing Guidelines In The States: Lessons For State And Federal Reformers, Richard Frase
Sentencing Guidelines In The States: Lessons For State And Federal Reformers, Richard Frase
Articles
No abstract provided.
The Success Of Judge Frankel's Sentencing Commission, Michael Tonry
The Success Of Judge Frankel's Sentencing Commission, Michael Tonry
Articles
No abstract provided.
Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky
Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky
Articles
No abstract provided.
Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger
Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger
Articles
No abstract provided.
Racial Disproportion In Us Prisons, Michael Tonry
Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams
Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams
Articles
Throughout the past two years, Trans World Airlines, Midway Airlines, and R.H. Macy Company, as well as over 46,000 other corporations, have filed petitions for relief under Chapter 11 of the United States Bankruptcy Code. Of the firms that have filed Chapter 11 reorganization petitions, over eighty percent will never reorganize successfully and will not avoid a subsequent conversion to a Chapter 7 liquidation proceeding. The effects of these “misfilings” are enormous. Most fundamentally, an attempted reorganization, when liquidation is the more efficient solution, can unnecessarily increase the overall costs of bankruptcy significantly.
Globalization Of Constitutional Law And Civil Rights, David Weissbrodt
Globalization Of Constitutional Law And Civil Rights, David Weissbrodt
Articles
The teaching of U.S. constitutional law is remarkably insular. A quick review of course books reveals few, if any, references to materials from other countries or to relevant international law.1 Constitutional law courses focus almost exclusively on the U.S. constitutional order. The course books appear to consider as unique this country's balance of power between the national government and the states and its approach to bridging the structural tension among executive, legislative, andjudicial branches. One colleague facetiously told me that the only country comparable to the United States is the United Kingdom. Since the U.K. has no written constitution, the …
Major Developments At The Un Commission On Human Rights In 1992, Joe W. (Chip) Pitts Iii, David Weissbrodt
Major Developments At The Un Commission On Human Rights In 1992, Joe W. (Chip) Pitts Iii, David Weissbrodt
Articles
The forty-eighth session of the United Nations Commission on Human Rights, the principal human rights organ of the United Nations, occurred at the Palais des Nations in Geneva, Switzerland from 27 January to 7 March 1992.' The session took place at a time of unprecedented invigoration of the United Nations in general, and demonstrated both the challenges and the opportunities facing the organization and its primary human rights arm in the world community today.
The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows
The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows
Articles
The purpose of this Article is to explore how inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The crucial importance of female monogamy in a private property regime is well-recognized. It is the only means by which a man can assure himself that his wealth will be inherited by his offspring. The enforcement of female monogamy by men enhances a man’s procreative power because it provides the basis for his claim of paternity.
Traveling The Road Of Probate Reform: Finding The Way To Your Will (A Response To Professor Ascher), Mary Louise Fellows
Traveling The Road Of Probate Reform: Finding The Way To Your Will (A Response To Professor Ascher), Mary Louise Fellows
Articles
In the United States during this century, probate law and practice have undergone significant changes. Some of the changes are attributable to exogenous factors, such as the development of state and federal income and transfer tax systems, the development of a variety of types of insurance and other contractual arrangements, and the transformation of the American family profile. Other changes are attributable to endogenous factors, such as the growing frustration with traditional will formalities.
Criminalizing The American Juvenile Court, Barry C. Feld
Criminalizing The American Juvenile Court, Barry C. Feld
Articles
Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …