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Articles 961 - 990 of 1059
Full-Text Articles in Entire DC Network
Does Community Notification For Sex Offenders Violate The Eighth Amendment's Prohibition Against Cruel And Unusual Punishment - A Focus On Vigilantism Resulting From Megan's Law., Alex B. Eyssen
St. Mary's Law Journal
Community notification of a sex offender’s presence may be violating the Eighth Amendment’s protection from Cruel and Unusual Punishment. Under Megan’s Law and other sex offender registration statutes, individuals that have completed a prison sentence for a sex crime may have to register as a sex offender. The information of the individual including his name, address, physical description, date of birth, social security number, employer, offense, and picture, is publicly disseminated. As an unintended consequence, individuals who have served their time may have to suffer additional punishment in the form of harassment, vigilantism, and violence.
A Drug By Any Other Name Is Still A Drug: Why The Florida Judiciary Should Start Treating Dui As Any Other Drug Offense, Gail Sasnett-Stauffer, E. John Gregory
A Drug By Any Other Name Is Still A Drug: Why The Florida Judiciary Should Start Treating Dui As Any Other Drug Offense, Gail Sasnett-Stauffer, E. John Gregory
University of Florida Journal of Law & Public Policy
No abstract provided.
Give Me Liberty Or Give Me Deportation: The Indefinite Detention Of Non-Removable, Criminal Aliens, Stacy J. Borisov
Give Me Liberty Or Give Me Deportation: The Indefinite Detention Of Non-Removable, Criminal Aliens, Stacy J. Borisov
University of Florida Journal of Law & Public Policy
No abstract provided.
Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White
Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White
Publications
No abstract provided.
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey
St. Mary's Law Journal
Abstract Forthcoming.
Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson
Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson
Cardozo Law Review
No abstract provided.
Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo
Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo
BYU Law Review
No abstract provided.
Safety Valve Closed: The Removal Of Non-Violent Outlets For Dissent And The Onset Of Anti-Abortion Violence, Mark L. Rienzi
Safety Valve Closed: The Removal Of Non-Violent Outlets For Dissent And The Onset Of Anti-Abortion Violence, Mark L. Rienzi
Scholarly Articles
This Note examines abortion opposition over the past two centuries and the extent to which recent trends toward violence have followed from the elimination of major nonviolent methods of dissent. Part I explores the history of abortion opposition prior to Roe, noting that opponents during this period relied almost exclusively on legislative action to effect change. Roe removed this principal nonviolent outlet, and the first wave of anti-abortion violence in American history en-sued. Even within this post-Roe violence, an examination of the rise and fall of mass nonviolent civil disobedience in the late i98Os and the dramatic increase in anti-abortion …
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
The 1999 Amendments To The Jimmy Ryce Involuntary Civil Commitment For Sexually Violent Predators' Treatment And Care Act: A Dangerous Example Of Reactionary Legislation, Jay Lechner
University of Florida Journal of Law & Public Policy
No abstract provided.
Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani
Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani
Seattle University Law Review
This Article begins with a modest objective and ends with an ambitious one. First, it asserts that appellate courts are an appropriate forum for considering the therapeutic impact of the law strand of therapeutic jurisprudence (TJ) scholarship. TJ's character as a "field of social inquiry" is especially suited to the appellate courts' task of formulating new rules of law and choosing among competing policy objectives when resolving opposing normative principles.
Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth
Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth
Scholarly Works
Gang members from elsewhere congregated on lawns, on sidewalks, and in front of apartment complexes at all hours. They displayed a casual contempt for notions of law, order, and decency -- openly drinking, smoking dope, sniffing toluene, and even snorting cocaine laid out in neat lines on the hoods of residents' cars. San Jose prosecutors responded by obtaining and enforcing a broad injunction against the gangs and their members, based on the finding that the gangs' activities constituted a public nuisance. California prosecutors have sought such anti-gang public nuisance injunctions since 1987. Their constitutionality was in doubt for ten years …
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies
UIC John Marshall Journal of Information Technology & Privacy Law
The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …
Juvenile Crime And Punishment: An Analysis Of The "Get Tough" Approach, Shannon F. Mclatchey
Juvenile Crime And Punishment: An Analysis Of The "Get Tough" Approach, Shannon F. Mclatchey
University of Florida Journal of Law & Public Policy
The purpose of this note is to explore the current state of the juvenile justice system and its “get tough on juvenile crime” approach, as well as some alternatives to the current system. Part II examines the history of the juvenile court, the philosophy behind the creation of a separate system for juvenile offenders, and two U.S. Supreme Court cases that altered the nature of the juvenile court. Part III utilizes recent cases to illustrate the methods by which juveniles are transferred to adult court. Part IV discusses the problems and controversies surrounding transfer of juveniles to adult court. Part …
Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge
Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge
University of Florida Journal of Law & Public Policy
This article reviews a variety of perspectives that have been applied to the study of the juvenile justice system in more recent years. While not meant as an exhaustive summary of the literature on juvenile justice, this article outlines a number of different frames of reference that have been used in the analysis of policies aimed at chronic, serious and/or violent juveniles offenders, with a particular emphasis on framing the nature of the current controversy and debate. Starting with the social science of 1970s, which supported the “nothing works” doctrine of juvenile offender treatment, this work review and summarizes existing …
Toward A More Utilitarian Juvenile Court System, Rod Smith
Toward A More Utilitarian Juvenile Court System, Rod Smith
University of Florida Journal of Law & Public Policy
No abstract provided.
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
Cardozo Law Review
No abstract provided.
Juvenile Justice Under Attack: An Analysis Of The Causes And Impact Of Recent Reforms, Donna M. Bishop, Lonn Lanza-Kaduce, Charles E. Frazier
Juvenile Justice Under Attack: An Analysis Of The Causes And Impact Of Recent Reforms, Donna M. Bishop, Lonn Lanza-Kaduce, Charles E. Frazier
University of Florida Journal of Law & Public Policy
The juvenile justice system is currently under attack on two broad fronts. First, legal experts and commentators are providing stinging critiques of the system’s failure to protect the liberty and due process interests of juveniles. Second, legislators throughout the country are supporting more and more legislation designed to “get tough” on juvenile crime. In combination, these criticisms and reforms advance the “recriminalization” of juvenile offenders. Juvenile offenders are increasingly subject to adult standards of culpability and punishment. Most of this change in the way we think about and officially respond to juvenile crime has proceeded without a discussion of the …
Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert P. Mosteller
St. Mary's Law Journal
Supporters of victims’ rights can be broadly grouped into three categories according to their basic goals. One category seeks to guarantee participatory rights in a governmental process (“Participatory Rights”). A second category of support for the victims’ rights amendment comes from those who are animated by a pro-prosecution, anti-defendant perspective on criminal law and procedure (“Prosecutorial Benefit”). The third group supporting victims’ rights is comprised of those who demand greater protection and support for victims by the government (“Victim Protection and Aid”). The first serious attempt to amend the United States Constitution on behalf of crime victims happened in 1982. …
"Derelicts," Recurring Misfortune, Economic Hard Times And Lifestyle Choices: Judicial Images Of Homeless Litigants And Implications For Legal Advocates, Wes Daniels
Buffalo Law Review
No abstract provided.
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
LLM Theses and Essays
The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …
Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan
St. Mary's Law Journal
Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …
Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth
Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth
St. Mary's Law Journal
The hostile environment in the United States toward immigrants, as indicated by the Welfare Reform Act and Proposition 187, calls for a more meaningful judicial review of laws affecting immigrants. Although subjecting the federal government’s actions regarding immigrants to heightened review might seem to be a radical step, this Comment will explain why such a move is necessary. Part II discusses historical justifications for subjecting state and federal laws affecting immigrants to different levels of scrutiny under the Equal Protection Clause. Part III presents arguments for labeling immigrants a “suspect” class. Part IV considers the constitutionality of the Welfare Reform …
Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun
Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun
St. Mary's Law Journal
The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …
Freedom Of Assembly And The Right To Passage In Modern English Legal History , Rachel Vorspan
Freedom Of Assembly And The Right To Passage In Modern English Legal History , Rachel Vorspan
Faculty Scholarship
This Article suggests, on the broadest level, that the history of the "right to passage" in the past two centuries is explicable only in terms of the complex interaction between formal legal doctrine on the one hand and social and political pressures on the other. Specific challenges to public order significantly shaped the evolution of legal rules, but these rules, once established, constrained official action and compelled the authorities at critical junctures to develop countervailing strategies. This exploration confirms that neither an externalist nor internalist approach to legal history by itself adequately explains historical change and, moreover, that the relative …
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Faculty Publications
No abstract provided.
The Paradox Of Paternity Establishment: As Rights Go Up, Rates Go Down, W. Craig Williams
The Paradox Of Paternity Establishment: As Rights Go Up, Rates Go Down, W. Craig Williams
University of Florida Journal of Law & Public Policy
No abstract provided.
The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Excercise On Vichy Law, Richard Weisberg
The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Excercise On Vichy Law, Richard Weisberg
Cardozo Law Review
As a nonspecialist on the laws of slavery, I can best contribute to this discourse by suggesting some reflection on the comparative nature of racial discrimination in constitutionally based and seemingly enlightened legal systems. To the American system under close scrutiny in this Symposium, my recently completed work on Vichy law may lend some degree of further understanding. For the legalized persecution of Jews in France during the period 1940- 44 stands as a classic twentieth-century example of what I believe to have been at work in antebellum America: the elaboration through traditional patterns of legal reasoning of a discourse …
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Cornell Law Faculty Publications
This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Faculty Publications By Year
No abstract provided.