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Full-Text Articles in Law

I'Ll Take That: Legal And Public Policy Problems Raised By Statutes That Require Punitive Damages Awards To Be Shared With The State, Victor E. Schwartz, Mark A. Behrens, Cary Silverman Jun 2003

I'Ll Take That: Legal And Public Policy Problems Raised By Statutes That Require Punitive Damages Awards To Be Shared With The State, Victor E. Schwartz, Mark A. Behrens, Cary Silverman

Missouri Law Review

This Article will provide a brief review of the purpose and history of punitive damages. It will then examine the various reforms adopted by the states, with a particular focus on "split-recovery" laws that require punitive damages recoveries to be shared with the state or a state-specified fund. This Article explains that such laws may actually fuel, rather than curb, punitive damages awards. The Article also explains that these laws are ethically and constitutionally problematic. This Article concludes that states seeking to reform their punitive damages laws would be better served by (1) adopting a heightened burden of proof and …


Popular Rogues: Citizen Opinion About Political Corruption, Darrell M. West, Katherine Stewart Mar 2003

Popular Rogues: Citizen Opinion About Political Corruption, Darrell M. West, Katherine Stewart

New England Journal of Public Policy

Trust in the honesty of public officials is a crucial condition for stable democratic systems. Yet despite the presumed centrality of honesty in government, there has been a long tradition of “popular rogues” who are considered dishonest and corrupt, but retain popularity for their strong and effective leadership. In this paper, we look at the phenomenon of popular rogues using the case of the former Mayor Buddy Cianci of Providence, Rhode Island. With data from two statewide Rhode Island opinion surveys (one before the trial and the other at its end), we present a “teeter-totter” model of public opinion whereby …


Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey Jan 2003

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

Publications

This article discusses prosecutors' discretion to press criminal charges against individuals who cause death during recreational activities. Based on newspaper sources, published opinions, and unpublished materials from cases that resulted in plea bargains, Homicide on Holiday continues the author's exploration of the relationship between the American public, criminal prosecutors, and the nature of the prosecutors' public role. It shows that, despite popular culture's glorification of risk and a nationwide trend in tort law toward sheltering sports co-participants from civil negligence liability, an exhilarating trip down a ski slope is increasingly likely to land a skier in jail if he collides …


Is There Hope For Hope Vi?: Community Economic Development And Localism, Ngai Pindell Jan 2003

Is There Hope For Hope Vi?: Community Economic Development And Localism, Ngai Pindell

Scholarly Works

HOPE VI is a competitively funded, public housing redevelopment program with several competing goals. First, it seeks to revitalize deteriorated inner city communities. Second, the program attempts to transform dense, high-rise public housing that has housed the lowest income tenants into developments that are more integrated with surrounding communities in terms of architecture, economics, and aesthetics. Third, the program aspires to provide public housing residents opportunities for social and economic mobility through improvements in physical design and program offerings. The HOPE VI design encompasses demolishing existing "distressed" public housing developments, rebuilding these developments with fewer public housing units, and housing …


Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia Jan 2003

Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia

Scholarly Works

Immigrants make up a large and increasing portion of the American community. The recent census found an unprecedented number of immigrants within the United States. Immigrants, however, have fewer legal protections than almost any other individuals within our borders. This lack of protection is especially disconcerting given that immigrants are often the most subordinated members of our communities. Particularly after the events of September 11, 2001, the rights and protections available to immigrants—whether they are documented or not—are tenuous. As LatCrit scholars have pointed out, immigration law is intensely racialized, and yet other bodies of law, such as civil rights …