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Articles 511 - 540 of 596
Full-Text Articles in Entire DC Network
Handling Hot Potatoes: Judicial Review Of California Initiatives After Senate V. Jones, Gerald F. Uelmen
Handling Hot Potatoes: Judicial Review Of California Initiatives After Senate V. Jones, Gerald F. Uelmen
Faculty Publications
No abstract provided.
The Ex Post Facto Clause, Paul C. Giannelli
The Ex Post Facto Clause, Paul C. Giannelli
Faculty Publications
No abstract provided.
Prosecutorial Discretion And Prosecution Guidelines: A Case Study In Controlling Federalization, Michael A. Simons
Prosecutorial Discretion And Prosecution Guidelines: A Case Study In Controlling Federalization, Michael A. Simons
Faculty Publications
In this Article Michael Simons examines the ways in which the federalization of crime can be controlled. Simons argues that prosecutorial discretion is the most important variable in the federalization process and that controlling prosecutorial discretion is the key to controlling federalization. He presents the Child Support Recovery Act as a model for how prosecution guidelines for federal criminal statutes can provide such control Federalization of criminal child support enforcement has been successful because federal prosecutors have exercised discretion in a manner consistent with the concerns expressed by the bench and the academy about federalization. Simons concludes by exploring how …
Toward The Development Of A Pursuit Decision Calculus: Pursuit Benefits Versus Pursuit Cost, Thomas J. Madden, Geoffrey P. Alpert
Toward The Development Of A Pursuit Decision Calculus: Pursuit Benefits Versus Pursuit Cost, Thomas J. Madden, Geoffrey P. Alpert
Faculty Publications
To make unbiased decisions about whether to pursue a fleeing vehicle, officers must understand both the costs and the potential benefits of a pursuit. This manuscript describes an approach that identifies and assesses the impact of pursuit characteristics on pursuit costs. Data from official pursuit forms generated by officers in the Miami-Dade police department were used as a basis of the study. Log-linear models were used to identify direct and interactive effects of the pursuit characteristics. Upon finding significant effects, odds ratios were calculated. The findings indicate that there are certain pursuit characteristics, including number of units and speed, that …
The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg
The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino
Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Tax Exemptions And The Establishment Clause, Erika Lietzan
Tax Exemptions And The Establishment Clause, Erika Lietzan
Faculty Publications
Churches are exempted from a variety of taxes collected by the various levels and jurisdictions of government in the United States. For instance, they are almost always exempt from payment of property tax at the local level and from payment of income tax to both state and federal government. They are often exempt from payment of state sales tax on the products they sell. A person making a contribution to a religious organization is usually entitled to deduct the contribution from his income when calculating both his state and his federal income taxes at the end of the taxable year. …
Making The "White Man's Country" White: Race, Slavery, And State-Building In The Jacksonian South, Lacy K. Ford, Jr.
Making The "White Man's Country" White: Race, Slavery, And State-Building In The Jacksonian South, Lacy K. Ford, Jr.
Faculty Publications
No abstract provided.
The Ada Prima Facie Plaintiff: A Critical Overview Of Eighth Circuit Case Law, Tom Simmons
The Ada Prima Facie Plaintiff: A Critical Overview Of Eighth Circuit Case Law, Tom Simmons
Faculty Publications
No abstract provided.
Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins
Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins
Faculty Publications
The first ten amendments to the United States Constitution, ratified in 1791 and known as the Bill of Rights, create the core of what people today consider their most basic freedoms. Without these rights, and consistent judicial adherence to them, most Americans would not feel secure. There are two major sources of danger to these basic rights: internal and external. Internally, we must protect ourselves from our own infringement of these rights through the firm restrictions that the Constitution places on the government in its treatment of the people. Externally, we must protect our system of maintaining these freedoms from …
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Faculty Publications
No abstract provided.
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
Faculty Publications
This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat corruption. Part III surveys the use of random administrative inspections in the United States, reviews the approaches taken by four such programs to improve compliance and fight corruption, and describes the various constraints under which they must operate. Part IV …
Of Communists And Anti-Abortion Protestors: The Consequences Of Falling Into The Theoretical Abyss, Christina E. Wells
Of Communists And Anti-Abortion Protestors: The Consequences Of Falling Into The Theoretical Abyss, Christina E. Wells
Faculty Publications
Part I of this article briefly reviews the legal and social context of Dennis and Yates. Parts II and III similarly review Madsen and Schenck in order to show potential parallels to the earlier communist decisions. Part IV further examines both Madsen and Schenck, demonstrating that, from a doctrinal standpoint, they are far removed from the earlier communist cases. Finally, Part V explains how the Court in Madsen and Schenck actually contributed to misconceptions or manipulation of its opinions. Specifically, Part V examines the Madsen and Schenck Courts' approaches to three of the more difficult doctrinal issues facing them--prior restraint, …
Educating Nomads: Narratives And The Future Of Civic Education, Melvin J. Dubnick
Educating Nomads: Narratives And The Future Of Civic Education, Melvin J. Dubnick
Faculty Publications
The concern for civic education has re-entered the mainstream agenda of American political science. The primary task is to consider what should be done to “reach” the next generation of students. Most efforts in this regard have operated under the assumption that students of the future will be like students of the past. Based on this view, the problem is most often regarded as a matter of selecting an effective way to disseminate relevant knowledge. In this paper I argue for operating on a different set of assumptions, i.e. that we need to take seriously the emergence of the new …
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Publications
No abstract provided.
Due Process And The Subpoena Power In Federal Environmental, Health, And Safety Whistleblower Proceedings, Stephen Smith
Due Process And The Subpoena Power In Federal Environmental, Health, And Safety Whistleblower Proceedings, Stephen Smith
Faculty Publications
No abstract provided.
Reflections On Judge Donald Porter And His Contributions To Free Speech Jurisprudence, David Day
Reflections On Judge Donald Porter And His Contributions To Free Speech Jurisprudence, David Day
Faculty Publications
No abstract provided.
The First Amendment In Its Third Century: Three Wisconsin Pieces To The Constitutional Puzzle, Peter K. Rofes
The First Amendment In Its Third Century: Three Wisconsin Pieces To The Constitutional Puzzle, Peter K. Rofes
Faculty Publications
No abstract provided.
Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli
Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli
Faculty Publications
No abstract provided.
State Of Maine Property Tax Reform, Kim Bridgham, Annie Lunt
State Of Maine Property Tax Reform, Kim Bridgham, Annie Lunt
Faculty Publications
In January, 1997, Governor Angus King established a 10 person committee representing a broad cross-section of citizens interest to investigate what changes are needed in the Maine tax system to address the issue of high property taxes. The Governor's Select Committee on Property Tax Reform (the "Committee") was charged with examining how to reduce the burden of the property tax. The Committee was asked to recommend steps the State and local governments in Maine could take to reduce the burden of the property tax as well as changes in the way that the property tax is administered and collected to …
American Innocence, Robert N. Strassfeld
American Innocence, Robert N. Strassfeld
Faculty Publications
The sad fact is that our relationship to torture and other atrocities is more complicated and less innocent than we or President Bush would like to believe. This article examines that relationship and the ways in which we try to distance ourselves from torture and atrocity. Part II briefly explores our notions of exceptionalism and innocence. Part III then turns to our efforts to evade responsibility for torture and atrocity. First, it briefly discusses ways in which we try to deny our own acts of torture and abuse through rhetorical misdirection and by relegating torture to the shadows. Part III's …
Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson
Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson
Faculty Publications
For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …
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.
Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams
Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams
Faculty Publications
This Securities Symposium provides an opportunity to evaluate civil RICO's place in American law at the end of the private remedy's first quarter-century. In its essence, civil RICO is the unfortunate product of crime legislation hastily enacted in the heat of a national political campaign. Rushing toward adjournment, Congress enacted RICO on October 12, 1970 as Title IX of the omnibus Organized Crime Control Act (OCCA). President Nixon signed the OCCA on October 15. Less than three weeks later, Americans preoccupied with crime went to the polls in off-year congressional elections after a shrill campaign dominated by ‘law and order‘ …
Antitrust And The Telephone Industry After The Telecommunications Act Of 1996, George J. Alexander
Antitrust And The Telephone Industry After The Telecommunications Act Of 1996, George J. Alexander
Faculty Publications
No abstract provided.
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Faculty Publications
No abstract provided.
Improving Access To Food In Low-Income Communities: An Investigation Of Three Bay Area Neighborhoods, Edward Steinman, Kenneth Hecht
Improving Access To Food In Low-Income Communities: An Investigation Of Three Bay Area Neighborhoods, Edward Steinman, Kenneth Hecht
Faculty Publications
This report seeks to describe and analyze that dysfunction as it manifests itself in three low-income neighborhoods in San Francisco and Oakland. It does not examine the causes nor scope of poverty in those communities nor does it intend to estimate or describe the prevalence of hunger. These measures are amply documented in a 1995 report on hunger and the problem of food "insecurity" commissioned by the California Senate Office of Research and, in 1993 and 1994, reports on hunger from the Alameda County Community Food Bank and San Francisco Food Bank, respectively. Rather, this report treats poverty, hunger and …
Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen
Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen
Faculty Publications
No abstract provided.
The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes
The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes
Faculty Publications
This Article identifies a few of those techniques by examining a number of quasi-quantitative legal analyses that have addressed a range of legal relationships. The methodology of this Article consists of reviewing the relationship between those legal analyses and their associated non-legal disciplines. The unifying theme of the discussed examples is that a useful, well constructed quantitative analysis or approach has been improperly extended into a legal context.
Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika Lietzan
Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika Lietzan
Faculty Publications
This article examines preventive outpatient commitment, which targets those not ill or dangerous enough to be committed to inpatient facilities under state commitment laws. After discussing the history and design of the NC scheme, it explores constitutional and practical difficulties. Ultimately, it argues that individualized case management through local mental health clinics is the more effective and humane way of serving the interests of both the individual and the state.