Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year

Articles 991 - 1020 of 1127

Full-Text Articles in Entire DC Network

Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan Jan 2003

Problem-Solving Courts: From Innovation To Institutionalization, Michael C. Dorf, Jeffrey A. Fagan

Faculty Scholarship

The phenomenal growth of drug courts and other forms of "problem-solving" courts has followed a pattern that is characteristic of many successful innovations: An individual or small group has or stumbles upon a new idea; the idea is put into practice and appears to work; a small number of other actors adopt the innovation and have similar experiences; if there is great demand for the innovation – for example, because it responds to a widely-perceived crisis or satisfies an institutional need and resolves tensions within organizations that adopt it – the innovation rapidly diffuses through the networks in which the …

Go to article

Blaming Youth, Elizabeth S. Scott, Laurence Steinberg Jan 2003

Blaming Youth, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

In March of 2001, a fourteen-year-old Florida boy named Lionel Tate was sentenced to life in prison without parole for killing six-year-old Tiffany Eunick during a wrestling match that took place when Lionel was twelve years old. Lionel was convicted of first degree murder on the ground that the killing was the result of aggravated child abuse, a crime that contemplates injury of a child by an adult caretaker. His conviction and sentence have prompted much debate and discussion – about his case and, more generally, about the criminal punishment of young offenders. Although the verdict and Lionel's sentence received …

Go to article

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffery Fagan, Valerie West, Jan Holland Jan 2003

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffery Fagan, Valerie West, Jan Holland

Faculty Scholarship

The concentration of incarceration in social groups and areas has emerged in the past decade as a topic of research and policy interest. This interest was fueled by several factors: persistent continued growth of incarceration through the 1990s, even as crime rates fell nationally for over seven years; persistent racial disparities in incarceration; assessments of the collateral consequences of incarceration that potentially aggravate the causal dynamics that lead to elevated crime rates; rapid growth in the number of returning prisoners to their communities; an influx that may strain social control in neighborhoods where social and economic disadvantages have already created …

Go to article

Theorizing Community Justice Through Community Courts, Jeffery Fagan, Victoria Malkin Jan 2003

Theorizing Community Justice Through Community Courts, Jeffery Fagan, Victoria Malkin

Faculty Scholarship

Community justice practitioners argue that the justice system has long ignored its biggest clients-citizens and neighborhoods that suffer the everyday consequences of high crime levels. One response from legal elites has been a package of court innovations and new practices known as "community justice," part of a broader appeal to "community" and "partnership" common now in modern discourse on crime control. This concept incorporates several contemporary visions and expressions of justice within the popular and legal literatures: problem-solving courts (such as drug courts, mental health courts, domestic violence courts, gun courts, and, of course, juvenile courts); the inclusion of victims …

Go to article

Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas Jan 2003

Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas

Faculty Scholarship

In Blindness, Nobel Prize laureate Jos6 Saramago chronicles the quarantining of the first victims of a plague of blindness.1 We meet many people who become blind in Saramago's novel, including an opthamologist, a one-eyed man with an eye patch, and a man born blind. Saramago reminds us that we are all blind in one way or another, and that there are many things about ourselves and our society that we can't or won't see. The quarantine itself turns out to be isolating, inhumane, and degrading; the interred blind being portrayed by themselves and others as pigs, dogs, and "lame crabs." …

Go to article

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas Jan 2003

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Faculty Scholarship

Florida has been the state humorists most like to make fun of since the 2000 presidential election, especially when it comes to politics. And humorists are almost the only commentators who can be counted on to tell us the truth about the state of American politics today. When Californians decided to recall their Governor, for example, Conan O'Brien observed: "Yesterday Arnold Schwarzenegger announced he would run for governor of California. The announcement was good news for Florida residents, who now live in the second-flakiest state in the country."' And when more than 200 people filed to run for Governor, Jay …

Go to article

Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein Jul 2002

Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein

Faculty Scholarship

No abstract provided.

Go to article

Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza Jul 2002

Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza

Faculty Scholarship

In forthcoming work, I argue that this common-law privacy right should indeed attach to individuals arrested for or suspected of crime.9 I also argue that support for the right exists in a variety of judicial, statutory, and other sources, and that legislation to formally protect the right is warranted and constitutional. The reasoning is simple: being publicly named in connection with criminal allegations is stigmatizing, and the resultant personal harm-social, professional, emotional, other-lasts, and is difficult to justify when it is visited upon someone who is acquitted of the charges or against whom the charges are dismissed. Equally troubling is …

Go to article

Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr Jan 2002

Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr

Faculty Scholarship

No abstract provided.

Go to article

A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan Jan 2002

A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan

Faculty Scholarship

No abstract provided.

Go to article

Learning From The President’S Council On Sustainable Development: The Need For A Real National Strategy, John C. Dernbach Jan 2002

Learning From The President’S Council On Sustainable Development: The Need For A Real National Strategy, John C. Dernbach

Faculty Scholarship

No abstract provided.

Go to article

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero Jan 2002

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

Faculty Scholarship

This article seeks to explore the possibility that a selective deportation of a same-gender partner who has overstayed her visa constitutes an outrageous case under the AADC test. Its modest goal is to discourage the INS from ever pursuing such a strategy, knowing that there are probably many who believe that same-gender overstays, even if civilly united in Vermont, are not the ideal candidates for "suspect class" status under U.S. constitutional law. That notwithstanding, common sense and sound doctrine suggest that, despite the many anti-gay and anti-immigrant decisions handed down over the last twenty years, the Court will not hesitate …

Go to article

Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer Jan 2002

Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer

Faculty Scholarship

This Article is an Introduction to the Symposium Issue of the Loyola Consumer Law Review. The papers published in the symposium issue were originally presented at the meeting of the Section on Antitrust and Economic Regulation of the Association of American Law Schools (AALS) at the Association Annual Conference in 2002.

Go to article

Facing The Urban Future After September 11, 2001, Richard Briffault Jan 2002

Facing The Urban Future After September 11, 2001, Richard Briffault

Faculty Scholarship

In this essay I would like to address briefly four issues of importance to local governments raised by the September 11 attack and its aftermath. These issues are the role of local governments in addressing questions of public safety and preparedness; the relations among local governments within a region in responding to terrorism; the role of the federal government in the local response to terrorism; and the implications of September 11 for the structures and functions of local government. These issues are interconnected. Certainly, an effective local response to the public safety challenge posed by terrorism will require more coordinated …

Go to article

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne Jan 2002

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Go to article

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson Jan 2002

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Scholarship

No abstract provided.

Go to article

Splitting The Atom Of Marshall's Wisdom, Susan Herman Jan 2002

Splitting The Atom Of Marshall's Wisdom, Susan Herman

Faculty Scholarship

No abstract provided.

Go to article

This Will Hurt Me More Than It Hurts You: Social And Legal Consequences Of Criminalizing Delinquency, Jeffrey Fagan Jan 2002

This Will Hurt Me More Than It Hurts You: Social And Legal Consequences Of Criminalizing Delinquency, Jeffrey Fagan

Faculty Scholarship

What happens to adolescents once placed in the criminal justice system and the potential violations of human rights that ensue is the focus of this essay. The pace of change, the severity of the new laws, the potential for unintended negative outcomes, and the empirical reality of adult punishment of juvenile offenders creates new urgency to these questions. Unfortunately, there has been little analysis of the comparative effects of statutes and administrative laws that relocate juvenile offenders to the adult court, and there has been virtually no research on the efficacy, impact and consequences of sentencing juveniles as adults. There …

Go to article

Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore Jan 2002

Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore

Faculty Scholarship

In 1997, the American Bar Association ("ABA") created the Commission on the Evaluation of the Rules of Professional Conduct otherwise known as the Ethics 2000 Commission ("Commission"). The Commission was charged with conducting a comprehensive review of the Model Rules of Professional Conduct ("Model Rules") to determine what changes were necessary to update the Model Rules and make them relevant to the practice of law in the twenty-first century? In August 2001, the Commission issued a 300-page report recommending numerous changes to the Rules. These recommendations have been considered by the ABA House of Delegates and were largely approved. As …

Go to article

Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser Jan 2001

Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Go to article

Yahoo And Democracy On The Internet, Joel R. Reidenberg Jan 2001

Yahoo And Democracy On The Internet, Joel R. Reidenberg

Faculty Scholarship

This article examines the French court order requiring Yahoo to prevent French Internet users from accessing images of Nazi memorabilia available for auction on the company's American web site. The article uses the French case to challenge the popular belief that an entirely borderless Internet favors democratic values. The article starts from the premise that while the Internet enables actors to reach a geographically dispersed audience, the Internet should not change the accountability of those actors for their conduct within national borders. The article shows that Yahoo's extensive business in France justifies the application of France's democratically chosen law and …

Go to article

Remedying Racial Profiling, Brandon L. Garrett Jan 2001

Remedying Racial Profiling, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Go to article

Recurring Problems In Indian Gaming, Kevin Washburn Jan 2001

Recurring Problems In Indian Gaming, Kevin Washburn

Faculty Scholarship

This essay briefly summarizes the history and legal framework of Indian gaming, describes the recent growth in the industry, and discusses some of the legal controversies that have been repeated across the country as states and tribes adjust to their respective roles in the Indian gaming industry.

Go to article

Criminal Theory In The Twentieth Century, George P. Fletcher Jan 2001

Criminal Theory In The Twentieth Century, George P. Fletcher

Faculty Scholarship

The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability – normative and descriptive – are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on defenses. Third, the struggle with alternatives to punishment for the control and commitment of dangerous but non-criminal persons is …

Go to article

Health Care, Technology And Federalism, Kevin Outterson Jan 2001

Health Care, Technology And Federalism, Kevin Outterson

Faculty Scholarship

The regulation of health care has traditionally been the province of the states, most often grounded in the police power. In Colonial times, this division of responsibility was a rational response to the technological level of the eighteenth century, although even in the youth of the Republic some health and safety regulation required national and international action. With the growth of distancecompression technology, the increase in mobility of goods and services, and a significant federal financial role in health care, the grip of the police power on the regulation of health care has been weakened. Discussion of the police power …

Go to article

Financial Liberalization, International Monetary Dis/Order, And The Neoliberal State, Timothy A. Canova Jan 2000

Financial Liberalization, International Monetary Dis/Order, And The Neoliberal State, Timothy A. Canova

Faculty Scholarship

This article started as a plenary paper that was presented to the annual International Economic Law conference of the American Society of International Law. The conference itself posed the question of whether the new international economic order was leading to greater peace, stability, fairness and justice. At a time when American post-Cold War triumphalism was perhaps at its zenith, Canova answered with an unequivocal indictment of the global order for failing to deliver peace or justice. The first part of the article critiques the international monetary system, and argues that the primary negative consequence of capital liberalization is the undermining …

Go to article

D.C. Circuit Revives Nondelegation Doctrine…Or Does It? American Trucking Associations, Inc. V. Epa, 175 F.3d 1027 (D.C. Cir. 1999), Modified, 195 F.3d 4 (D.C. Cir. 1999), Michael R. Dimino Jan 2000

D.C. Circuit Revives Nondelegation Doctrine…Or Does It? American Trucking Associations, Inc. V. Epa, 175 F.3d 1027 (D.C. Cir. 1999), Modified, 195 F.3d 4 (D.C. Cir. 1999), Michael R. Dimino

Faculty Scholarship

No abstract provided.

Go to article

Quartering Species: The Living Constitution, The Third Amendment, And The Endangered Species Act, Andrew P. Morriss, Richard L. Stroup Jan 2000

Quartering Species: The Living Constitution, The Third Amendment, And The Endangered Species Act, Andrew P. Morriss, Richard L. Stroup

Faculty Scholarship

The authors argue that the fundamental flaw in the Endangered Species Act (ESA) is that it fails to force government decision makers to consider the opportunity cost of their actions, resulting in flawed decision making that imposes heavy costs on landowners without actually protecting endangered species. The authors develop this analysis through an examination of the ESA in light of the modern "living Constitution" theory of interpretation. They conclude that under this theory the ESA's "quartering of species" on private land violates the Third Amendment's ban on quartering soldiers.

Go to article

Three Issues For The City In The 21st Century, Richard Briffault Jan 2000

Three Issues For The City In The 21st Century, Richard Briffault

Faculty Scholarship

The title for this year’s program of the Section on Urban, State and Local Government Law of the Association of American Law Schools is The City in the 21st Century. These three articles provide a stimulating introduction to three issues that are likely to be central to the study of the city in the twenty-first century-as they were in the twentieth century and in the nineteenth century: the interplay of local and regional forces in land development, the battles among interest groups to control city hall, and the role of local government in promoting local economic development. These issues are …

Go to article

Guns, Extremists, And The Constitution, Calvin R. Massey Jan 2000

Guns, Extremists, And The Constitution, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Go to article

First Prev Next Last