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Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo Jan 2003

Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo

Faculty Scholarship

No abstract provided.


Visions Of Applying The Scientific Method To The Hearsay Rule, Roger C. Park Jan 2003

Visions Of Applying The Scientific Method To The Hearsay Rule, Roger C. Park

Faculty Scholarship

No abstract provided.


Resisting Culture, Joel R. Paul Jan 2003

Resisting Culture, Joel R. Paul

Faculty Scholarship

No abstract provided.


Do International Trade Institutions Contribute To Economic Growth And Development?, Joel R. Paul Jan 2003

Do International Trade Institutions Contribute To Economic Growth And Development?, Joel R. Paul

Faculty Scholarship

No abstract provided.


Rationalizing The Commission: The Philosophical Premises Of The U.S. Sentencing Guidelines, Aaron J. Rappaport Jan 2003

Rationalizing The Commission: The Philosophical Premises Of The U.S. Sentencing Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Unprincipled Punishment: The U.S. Sentencing Commission's Troubling Silence About The Purposes Of Punishment, Aaron J. Rappaport Jan 2003

Unprincipled Punishment: The U.S. Sentencing Commission's Troubling Silence About The Purposes Of Punishment, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Accomplishing The Purposes Of Sentencing–The Role Of The Courts And The Commission, Aaron J. Rappaport Jan 2003

Accomplishing The Purposes Of Sentencing–The Role Of The Courts And The Commission, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Factors Impacting The Selection And Positioning Of Human Rights Class Actions In United States Courts: A Practical Overview, Morris A. Ratner Jan 2003

Factors Impacting The Selection And Positioning Of Human Rights Class Actions In United States Courts: A Practical Overview, Morris A. Ratner

Faculty Scholarship

No abstract provided.


Conversations That Matter—The Road To Patient Safety, Debra Gerardi Jan 2003

Conversations That Matter—The Road To Patient Safety, Debra Gerardi

Faculty Scholarship

No abstract provided.


Dignity: The New Frontier Of State Sovereignty, Scott Dodson Jan 2003

Dignity: The New Frontier Of State Sovereignty, Scott Dodson

Faculty Scholarship

No abstract provided.


An Economic Defense Of Concurrent Antitrust Jurisdiction, William S. Dodge Jan 2003

An Economic Defense Of Concurrent Antitrust Jurisdiction, William S. Dodge

Faculty Scholarship

No abstract provided.


A Few Thoughts About Using Visual Images In Latcrit, Jo Carrillo Jan 2003

A Few Thoughts About Using Visual Images In Latcrit, Jo Carrillo

Faculty Scholarship

No abstract provided.


Racism And U.S. Immigration Law: Prospects For Reform After "9/11?", Richard A. Boswell Jan 2003

Racism And U.S. Immigration Law: Prospects For Reform After "9/11?", Richard A. Boswell

Faculty Scholarship

No abstract provided.


How Does Your Positionality Bias Your Epistemology?, David Takacs Jan 2003

How Does Your Positionality Bias Your Epistemology?, David Takacs

Faculty Scholarship

No abstract provided.


Vectoral Federalism, Scott Dodson Jan 2003

Vectoral Federalism, Scott Dodson

Faculty Scholarship

No abstract provided.


Making Moral Judgments Through Behavioural Science: The "Substantial Lack Of Volitional Control" Requirement In Civil Commitments, David L. Faigman Jan 2003

Making Moral Judgments Through Behavioural Science: The "Substantial Lack Of Volitional Control" Requirement In Civil Commitments, David L. Faigman

Faculty Scholarship

No abstract provided.


Expert Evidence In Flatland: The Geometry Of A World Without Scientific Culture, David L. Faigman Jan 2003

Expert Evidence In Flatland: The Geometry Of A World Without Scientific Culture, David L. Faigman

Faculty Scholarship

No abstract provided.


The Limits Of The Polygraph, David L. Faigman, Stephen E. Fienberg, Paul C. Stern Jan 2003

The Limits Of The Polygraph, David L. Faigman, Stephen E. Fienberg, Paul C. Stern

Faculty Scholarship

No abstract provided.


The Structural Rules Of Transnational Law, William S. Dodge Jan 2003

The Structural Rules Of Transnational Law, William S. Dodge

Faculty Scholarship

No abstract provided.


Sometimes What Everybody Thinks They Know Is True, Roger C. Park Jan 2003

Sometimes What Everybody Thinks They Know Is True, Roger C. Park

Faculty Scholarship

No abstract provided.


Due Process - Prosecutorial Implications Of A Victim's Rightr To Be Heard: Court Upholds Victim's Right To Be Heard At Important Criminal Justice Hearings, Gina Warren Jan 2003

Due Process - Prosecutorial Implications Of A Victim's Rightr To Be Heard: Court Upholds Victim's Right To Be Heard At Important Criminal Justice Hearings, Gina Warren

Faculty Scholarship

In State v. Casey, the Supreme Court of Utah was presented with questions regarding a victim's right to be heard at a change of plea hearing and standing to appeal an adverse ruling in relation to his right to be heard, as well as the appropriate form of notification and invocation of such rights. By relying heavily on the plain language of the Victims' Rights Amendment of the Utah Constitution, the Utah Victims' Rights Act and the Utah Rights of Crime Victims Act, the court held that the victim: "(1) had the right to appeal the district court's rulings …


Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers Jan 2003

Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers

Faculty Scholarship

I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …


Digital Divide: Myth, Reality, And Responsibility, Nick Allard Jan 2003

Digital Divide: Myth, Reality, And Responsibility, Nick Allard

Faculty Scholarship

No abstract provided.


Captive Audiences, Children And The Internet, William D. Araiza Jan 2003

Captive Audiences, Children And The Internet, William D. Araiza

Faculty Scholarship

No abstract provided.


Statutory Inflation And Institutional Choice, Lawrence Solan Jan 2003

Statutory Inflation And Institutional Choice, Lawrence Solan

Faculty Scholarship

No abstract provided.


Privacy Property, Information Costs And The Anticommons, Edward J. Janger Jan 2003

Privacy Property, Information Costs And The Anticommons, Edward J. Janger

Faculty Scholarship

No abstract provided.


Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero Jan 2003

Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero

Faculty Scholarship

Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …


Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero Jan 2003

Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero

Faculty Scholarship

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.


Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero Jan 2003

Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero

Faculty Scholarship

The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery, often with seemingly contradictory results. Liberals often favor affirmative action but decry both racial profiling and the diversity visa lottery, while many conservatives hold the opposite view. Critical race theory provides a unique alternative to stock liberal and conservative arguments, allowing one to draw meaningful and persuasive distinctions among these seminal issues surrounding law enforcement, education, and immigration policy.


Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner Jan 2003

Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner

Faculty Scholarship

This comment analyzes the current state of students' free speech rights in the context of creative writing assignments and examines potential First Amendment applications to the Pennsylvania System of School Assessment (PSSA), a statewide, mandatory, standards-based exam administered to Pennsylvania public school students. The PSSA, which currently contains a writing assessment for students in sixth, ninth, and eleventh grades requiring students to write essays in response to prompts, is scored anonymously by private entities under contract with the Pennsylvania Department of Education. Those private subcontractors have "red-flagging" procedures in place to identify essays containing imagery or themes that indicate imminent …