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Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio May 2005

Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio

UNLV Theses, Dissertations, Professional Papers, and Capstones

No abstract provided.


The Revenge Of Mullaney V. Wilbur: U.S. V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, Ian Weinstein Apr 2005

The Revenge Of Mullaney V. Wilbur: U.S. V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, Ian Weinstein

ExpressO

This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970’s, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …


The Parental Discipline Defense In New Zealand: The Potential Impact Of Reform In Civil Proceedings, Jennifer A. Brobst Apr 2005

The Parental Discipline Defense In New Zealand: The Potential Impact Of Reform In Civil Proceedings, Jennifer A. Brobst

North Carolina Central Law Review

No abstract provided.


In Practice, V. 5, No. 2, Spring 2005 Apr 2005

In Practice, V. 5, No. 2, Spring 2005

In Practice

No abstract provided.


Fsu Law Magazine (Spring 2005), Florida State University College Of Law Office Of Development And Alumni Affairs Apr 2005

Fsu Law Magazine (Spring 2005), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.


The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge Apr 2005

The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge

William & Mary Bill of Rights Journal

No abstract provided.


Inside Unlv, Gian Galassi, Nancy Syzdek, Erin O'Donnell, Carol C. Harter, Diane Russell, Cate Weeks Apr 2005

Inside Unlv, Gian Galassi, Nancy Syzdek, Erin O'Donnell, Carol C. Harter, Diane Russell, Cate Weeks

Inside UNLV

No abstract provided.


Opening Remarks: Advocating For Change, Kurt Mundorff Apr 2005

Opening Remarks: Advocating For Change, Kurt Mundorff

Cardozo Public Law, Policy & Ethics Journal

The article critiques the Child Abuse Prevention and Treatment Act (CAPTA) for focusing narrowly on parental responsibility while neglecting broader societal factors like poverty and racism. It highlights the challenges in predicting child abuse and the negative outcomes of foster care, arguing that the system's approach is flawed and in need of reform.


Mend It Or End It? An Opportunity To Reconsider The Death Penalty, Eric M. Freedman Apr 2005

Mend It Or End It? An Opportunity To Reconsider The Death Penalty, Eric M. Freedman

Hofstra Law Faculty Scholarship

The revised edition of the ABA's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" offers a lens through which to consider whether retention of capital punishment is sensible public policy.

A reader of the Guidelines finds that the current death penalty system is characterized by severely impaired clients, pervasive racism, a structural bias in favor of guilty verdicts, less effective counsel than in non-capital cases, and a dysfunctional system of post-conviction review.

No amount of money can solve these problems; at best, sufficient expenditures can ameliorate them. But making even that attempt will be costly …


Of Counsel, Volume 8 | Spring 2005, North Carolina Central University School Of Law Apr 2005

Of Counsel, Volume 8 | Spring 2005, North Carolina Central University School Of Law

Of Counsel

No abstract provided.


Expert Testimony On Sexually Abused Child Syndrome In A Child Protective Proceeding: More Hurtful Than Helpful, Mary Ellen Reilly Apr 2005

Expert Testimony On Sexually Abused Child Syndrome In A Child Protective Proceeding: More Hurtful Than Helpful, Mary Ellen Reilly

Cardozo Public Law, Policy & Ethics Journal

The note argues that Sexually Abused Child Syndrome (SACS) testimony is unreliable and should not be admitted as corroborating evidence in child protective proceedings. It contends that SACS lacks scientific validity, is not recognized as a medical diagnosis, and fails to meet evidentiary standards for reliability. The author asserts that allowing SACS testimony violates due process rights and risks wrongful outcomes, advocating for stricter standards for expert testimony and alternative methods of substantiating abuse allegations.


Exploring California's Rural Health System: From The Redwood Forests To The Baja Border, Eileen Salinsky, Jessamyn Taylor Mar 2005

Exploring California's Rural Health System: From The Redwood Forests To The Baja Border, Eileen Salinsky, Jessamyn Taylor

National Health Policy Forum

This three day site visit to California explored the state’s rural health system with a particular focus on the financial health of inpatient and outpatient providers and how that affects access to care. The role of telemedicine as a tool for expanding access was explored as well as the special needs of vulnerable populations such as farmworkers. Participants learned how state and federal regulation and payment policies and state budget deficits impact the viability of rural health systems.


Appraising Surge In Legal Scholarship Regarding Restorative Justice And Discovering Lenses To The South: Is Global Criminal Justice Necessarily Different Than United States Ideal?, Nancy D. Erbe Mar 2005

Appraising Surge In Legal Scholarship Regarding Restorative Justice And Discovering Lenses To The South: Is Global Criminal Justice Necessarily Different Than United States Ideal?, Nancy D. Erbe

ExpressO

The recent interest in restorative justice around the world provides a critical lenses to the South. Can we bridge our philosophical differences and preserve our most cherished ideals through a pragmatic look at viable alternatives. Restorative justice appears to be leading the way.


No Vision? Youths Need Role Models, Seow Hon Tan Feb 2005

No Vision? Youths Need Role Models, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Much recent talk about the vision (or lack thereof) of our young people has revolved around a search for solutions in the form of programmes that give them an opportunity to broaden their minds and, it is hoped, develop their characters.


Covenant Marriage Seven Years Later: Its As Yet Unfulfilled Promise, Katherine Shaw Spaht Feb 2005

Covenant Marriage Seven Years Later: Its As Yet Unfulfilled Promise, Katherine Shaw Spaht

Louisiana Law Review

No abstract provided.


No Vision? Youths Need Role Models, Seow Hon Tan Feb 2005

No Vision? Youths Need Role Models, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Much recent talk about the vision (or lack thereof) of our young people has revolved around a search for solutions in the form of programmes that give them an opportunity to broaden their minds and, it is hoped, develop their characters.


Brown And The Desegregative Ideal: Location, Race, And College Attendance Policies, Michael A. Olivas Jan 2005

Brown And The Desegregative Ideal: Location, Race, And College Attendance Policies, Michael A. Olivas

Cornell Law Review

No abstract provided.


Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts Jan 2005

Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts

Florida State University Law Review

No abstract provided.


Introduction, David Lander Jan 2005

Introduction, David Lander

Saint Louis University Public Law Review

No abstract provided.


Santa Clara Magazine, Volume 47 Number 3, Winter 2005, Santa Clara University Jan 2005

Santa Clara Magazine, Volume 47 Number 3, Winter 2005, Santa Clara University

Santa Clara Magazine

8 - AFTER AMERICA by Deepa Arora. Thomas J. Reese, S.J., the former editor of the Jesuit weekly magazine, America, is spending a sabbatical year at SCU. He sat down for an exclusive interview with SCM to reflect on what he has witnessed, what inspires him, and the future of the Church.

16 - A HALF-CENTURY OF ART AND HISTORY AT SCU by Victoria Hendel De La O. "Through its exhibitions and collections, the museum allows students and faculty to expand the walls of the classroom," says Rebecca M. Schapp, director of the de Saisset Museum, which is celebrating its …


Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill Jan 2005

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

Articles

No abstract provided.


Therapeutic Jurisprudence In An Interprofessional Practice At The University Of St. Thomas Interprofessional Center For Counseling And Legal Services, Jennifer L. Wright Jan 2005

Therapeutic Jurisprudence In An Interprofessional Practice At The University Of St. Thomas Interprofessional Center For Counseling And Legal Services, Jennifer L. Wright

St. Thomas Law Review

The Interprofessional Center for Counseling and Legal Services (the "Center" or "Interprofessional Center") is a joint effort by the School of Law, the School of Social Work and the Graduate School of Professional Psychology at the University of St. Thomas' in Minneapolis, Minnesota. In the Center, law, social work and psychology students gain practice skills by working with clients under the supervision of experienced supervisors. The Center provides pro bono professional services to low-income, working poor and other underserved populations who would otherwise have no access to such assistance. The same can be said of many clinical programs. In addition, …


Taking Hold Of The Elephant In Child Dependency And Neglect Cases, Christina A. Zawisza Jan 2005

Taking Hold Of The Elephant In Child Dependency And Neglect Cases, Christina A. Zawisza

St. Thomas Law Review

In order to place this article in context, I will first describe Tennessee's practice rule for attorneys representing children as Guardians ad Litem. It is an example of the "Elephant," the many component parts of a child's life that the child's lawyer is required to bring together to represent the child holistically. In Part II, I will describe and apply three developing jurisprudential movements that embrace the techniques I utilize: interdisciplinary practice, creative problem-solving and Therapeutic Jurisprudence. In Part III, I will provide an overview of ecomaps and genograms as they are commonly used in the social sciences. In Part …


Therapeutic Jurisprudence And The Rehabilitative Role Of The Criminal Defense Lawyer, David B. Wexler Jan 2005

Therapeutic Jurisprudence And The Rehabilitative Role Of The Criminal Defense Lawyer, David B. Wexler

St. Thomas Law Review

In the present article, I will identify the potential rehabilitative role of the attorney from the beginning stages-possible diversion, for example through sentencing and even beyond-through conditional or unconditional release, and possible efforts to expunge the criminal record. This article has two principal purposes; first, to call for the explicit recognition of a TJ criminal lawyer, and to provide, in a very sketchy manner, an overview of that role; second, to propose an agenda of research and teaching to foster the development of the rehabilitative role of the criminal lawyer. While much of the proposed research would discuss the rehabilitative …


Cambridge Law School For Women: The Evolution And Legacy Of The Nation's First Graduate Law School Exclusively For Women, Nina A. Kohn Jan 2005

Cambridge Law School For Women: The Evolution And Legacy Of The Nation's First Graduate Law School Exclusively For Women, Nina A. Kohn

Michigan Journal of Gender & Law

Although several scholars have briefly discussed CLSW in conjunction with work on other subjects, this Article presents the first comprehensive history of the school. The Article begins in Section Two by exploring how and why CLSW came into being in 1915 after two young Radcliffe suffragists led an unsuccessful campaign for admission to Harvard Law School. Section Three examines the design, pedagogical foundations, and day-to-day workings of the school during its first two years. Sections Four and Five explore the historical events that led to CLSW's closure in 1917. These sections also document and discuss the school's subsequent, and previously …


Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy Jan 2005

Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.


Differentiating Types Of Domestic Violence: Implications For Child Custody, Nancy Ver Steegh Jan 2005

Differentiating Types Of Domestic Violence: Implications For Child Custody, Nancy Ver Steegh

Faculty Scholarship

This article examines child custody determinations through the lens of a domestic violence typology. The resulting analysis (1) reconciles competing viewpoints and contradictory evidence about domestic violence; (2) matches families with appropriate child custody court procedures and services such as parent education, mediation, supervised visitation and parent coordination; and (3) exposes serious deficiencies in current domestic violence childcustody statutes.


A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda H. Morton Jan 2005

A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda H. Morton

Faculty Scholarship

This article focuses on the use of actual public health problems to train law students in interdisciplinary problem solving. The author describes the planning, structure, challenges and rewards in teaching her clinical course, Problem Solving and Prevention in Healthcare, to students initially reluctant to work collaboratively in teams, intimidated by a broader community context, and hesitant to interact strategically with other professionals.


No Notice Is Good News: Notice Under The New Ombuds Standards For The Establishment And Operation Of Ombuds Offices , Katherine A. Welch Jan 2005

No Notice Is Good News: Notice Under The New Ombuds Standards For The Establishment And Operation Of Ombuds Offices , Katherine A. Welch

Journal of Dispute Resolution

The American Bar Association (ABA) recently announced its decision to endorse the revised Standards for the Establishment and Operation of Ombuds Offices, dated February 2004.1 A modification to the 2001 Standards for the Establishment and Operation of Ombuds Offices, 2 the new Standards are responsible for certain clarifications of the role of an ombuds. One such clarification is that of notice in the employment context. Under the new Standards, communications made to an ombuds regarding complaints of violations or unlawful practices within the workplace do not constitute notice to the employer, provided that the ombud's practices are consistent with the …


Front Matter Jan 2005

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 17, Issue 3, Spring 2005.