Digital Commons Network^™

Crimes, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

Contains: Identity Theft On The Rise: Will the Real John Doe Please Step Forward?

Criminal Procedure, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

Contains:

Criminal Procedure: California Tells Criminal Defendants They Can No Longer Orally Make Motions to Suppress at the Preliminary Hearing ........ 489

Getting Tough on Homeless Sex Offenders: Is the New Legislation a Hysterical Response or a Necessary Precaution? ......................... 500

Grand Jury Reform: Making Justice Just ................................... 516

Increasing Penalties for Bridge Trespassers ................................. 525

Moving Beyond Three Strikes Through California's Firearm Sentencing Enhancements .................................................... 531

New Residents and Collectors Must Register Their Out-of-State Handguns: Making a (Government) List and Checking it Twice ...................... 539

Parolees No Longer Walk Following Serious Felonies- Incarceration Mandatory .. 552

Providing Stalking Victims …

Evidence, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

Contains:

Gang-Related Hearsay Exception ........................................ 605

Unavailable Witnesses Allowed to Testify Via Videotape in Criminal Proceedings: Technology in the Courtroom ............................. 611

Family, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

Contains:

Child Welfare: Lance's Law: Expanding Who May Look at Child Abuse Reports .. 623

Eliminating the Use of Civil Compromise in Cases of Domestic Violence, Elder Abuse, and Child Abuse ....................................... 641

Recent Domestic Violence Legislation: Attempting to End the Abuse ............ 650

Property, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

Contains: Interim Ordinances in California: Restoring Balance Between the Rights of Individual Landowners and the Rights of the Public

Transportation And Motor Vehicles, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

Contains:

Using The United States Coast Guard to Send Drunken Boaters to Dry Docks-Another Exception to Penal Code Section 836 ................. 781

Law Overcomes Challenge from Lawmakers Resisting Federal Mandates: "Smoke a Joint, Lose Your License: ................................... 788

Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed

UIC Law Review

No abstract provided.

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.

Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department

Touro Law Review

No abstract provided.

Governmental Takings, Court Of Appeals: Gazza V. New York State Department Of Environmental Conservation

Touro Law Review

No abstract provided.

Free Speech, Court Of Appeals: People V. Tichenor

Touro Law Review

No abstract provided.

Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki

Touro Law Review

No abstract provided.

Immediate Accessibility Or Mere Transport: The Dueling Interpretations Of The "Carrying" Element Of 18 U.S.C. § 924 (C)(1), Laurette Domingo Mulry

Touro Law Review

No abstract provided.

Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi

Touro Law Review

No abstract provided.

Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg

Federal Communications Law Journal

With the increasing demand for spectrum to accommodate emerging technologies, and the discovery that higher frequencies are usable, the FCC has replaced its reliance on administrative mechanisms for allocating spectrum with a more flexible, market-based approach. The FCC can best accomplish its mission of promoting the public interest by continuing to rely on competitive market forces and by establishing a clear and consistent paradigm for approaching allocation, assignment, usage, and other policies. Such a paradigm envisions an FCC that would actively monitor spectrum to remedy situations in which it is not used to its full value; establish mechanisms to reduce …

Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard

Federal Communications Law Journal

Congress has the sole power to levy and collect taxes. The Supreme Court has ruled that Congress may delegate this authority to administrative agencies so long as the will of Congress is clearly defined in the legislation. However, section 254 of the Telecommunications Act of 1996 operates as an unconstitutional delegation of Congress' authority to tax. This legislation provides the FCC with unfettered discretion in defining the boundaries of universal service and the authority to mandate that all consumers of telecommunications services subsidize the cost for low-income and rural consumers, as well as schools, libraries, and health care providers.

Media Mergers: First Step In A New Shift Of Antitrust Analysis?, Keith Conrad

Federal Communications Law Journal

An alarming trend toward concentration of media ownership has been highlighted by Walt Disney's acquisition of Capital Cities/ABC, and Time Warner's acquisition of Turner Broadcasting System. While current antitrust approaches are not expected to stem this trend, antitrust is a constantly evolving area of law. As Chairman of the FTC, Robert Pitofsky is in a position to move antitrust analysis away from the economically focused Chicago School approach, and toward an approach which also considers social and political issues. Consideration of these issues is supported by Pitofsky's own writings and could reduce the trend of media concentration.

America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith

Cardozo Journal of International and Comparative Law

The note examines the legal and policy responses to terrorism, focusing on the tension between combating terrorism effectively and safeguarding civil liberties. It critiques the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and comparable international measures, arguing that while these laws aim to address the growing threat of terrorism, they risk infringing on constitutional rights and international cooperation. The analysis highlights the challenges of balancing security concerns with democratic values and the need for coordinated global strategies to counter terrorism.

Crimes, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Criminal Procedure, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Government, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Evidence, University Of The Pacific, Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

New Opportunities For Defense Attorneys: How Record Preservation Requirements After The New Habeas Bill Require Extensive And Exciting Trail Preparation, 30 J. Marshall L. Rev. 389 (1997), Andrea D. Lyon

UIC Law Review

No abstract provided.

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 …

Constitutional Law Ii: The Law And Politics Of Constitutional Cases, Oregon Law Institute, Susan P. Graber, W. Michael Gillette, Rebecca R. Davis, David Schuman, Claudia E. Burton, David Heynderickx, Kelly W.G. Clark

Oregon Law Institute, 1996

Course Materials from the October 11, 1996 Program in Portland

A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk

University of Michigan Journal of Law Reform

Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …

The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton

Michigan Law Review

This Note considers the constitutionality of the FCC's regulations implementing the no-recorded-message provision of the 1991 TCPA and concludes that they violate the First Amendment because they impermissibly distinguish between commercial and noncommercial speech. Part I explains the structure of the FCC's recorded-message regulations and demonstrates that the regulations explicitly distinguish commercial recorded messages from other recorded messages. Part II examines First Amendment protection for commercial speech in light of three 1993 Supreme Court decisions that restructured commercial speech doctrine by holding that the government can single out commercial speech for regulation only in response to a distinct harm arising …

Whither Goest Ntia? The Fate Of A Federal Telecommunications Agency, Richard E. Wiley, Paul E. Misener

Federal Communications Law Journal

In the past year, Congress has sealed the fate of the National Telecommunications and Information Administration (NTIA). Although President Clinton has pledged to veto any action that abolishes the Commerce Department, in which the NTIA is located, Congress will ultimately dismantle the NTIA. Thus, the question becomes what entity will shoulder NTIA's workload, which includes among other responsibilities managing federal use of the radio frequency spectrum, developing executive branch telecommunications policy, and administering the Federal Grants Program.

Although the Federal Communications Commission (FCC) appears to many a natural successor to the NTIA's varied responsibilities, the Authors suggest other agencies are …

A Double-Barrelled Assault: How Technology And Judicial Interpretations Threaten Public Access To Law Enforcement Records, Jamison S. Prime

Federal Communications Law Journal

Recently, an explosion of media coverage has revealed gross misconduct on the part of many police officers in the United States. From Rodney King to Mark Furman, the events have raised grave questions about whether existing checks against police misconduct are effective. Yet, at this crucial period, technological advances and judicial interpretations undermine the ability of the public to access police records. The Author argues that most Freedom of Information (FOI) statutes provide inadequate access to police records in light of technological advances and narrow judicial interpretations of FOI statutes.

Spectrum Bids, Bets, And Budgets: Seeking An Optimal Allocation And Assignment For Domestic Commercial Electromagnetic Spectrum Products, Services, And Technology, William Kummel

Federal Communications Law Journal

This Comment analyzes the Federal Communications Commission's (FCC's) allocation and assignment of commercial electromagnetic spectrum licenses through competitive bidding auctions as authorized under Sections 921 to 927 of the National Telecommunications and Information Administration Organization Act (NTIAO Amendment) and Section 309(j) of the Federal Communications Act of 1934.

In five parts, this Comment analyzes (1) the FCC's statutory mandate, (2) spectrum's unique physical properties, (3) allocation and assignment methodologies, (4) traditional and nontraditional bidding systems, and (5) the preferred simultaneous multiple round electronic (SMRE) bidding structure. This Comment recommends a policy reorientation to promote spectrum capacity.

To promote efficient use …