Digital Commons Network^™

The Erosion Of Ethics And Morality In Medicine: Physician Participation In Legal Executions In The United States, Alfred M. Freedman M.D., Abraham L. Halpern M.D.

NYLS Law Review

No abstract provided.

The Challenge Of The Dramatic, Samuel H. Pillsbury

Loyola of Los Angeles Law Review

No abstract provided.

Physician Assisted Suicide: A Bad Idea, Yale Kamisar

Articles

It would be hard to deny that there is a great deal of support in this country - and ever-growing support - for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. I shall discuss five common reasons - and explain why I do not find any of them convincing.

Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington

Faculty Scholarship

Without subsidized child care, Dianne Williams, the mother of an eighteen-month-old son, would never have left welfare and earned the post-secondary degree that led to her current job as a senior secretary; Tammy Stinson, a U.S. Air Force veteran and 29-year-old mother of two children, would spend up to $150 of her weekly $200 salary on child care, increasing the likelihood she would turn to welfare or live in poverty; Jerry Andrews, a graduate of a government-funded early childhood education program, might not earn $31,200 a year and be working towards an engineering degree. These individuals are lucky. The vast …

'Just Take Away Their Guns': The Hidden Racism Of Terry V. Ohio, Adina Schwartz

Fordham Urban Law Journal

This Article argues that in formulating standards for stops and frisks, courts, police department and other policy makers should consider: whether and to what extent blacks are more frequently stopped and frisked than whites, whether and to what extent this disparity reflects police racial bias, and the nature and extent of the results negative effects. The Article provides an overview of the decision in US v. Terry and its impact on subsequent case law. It focuses on Terry's ambivalent position on race relations, and posits that its empirical contention about the law's inevitable inefficacy against racist abuse of the stop …

Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez

Fordham Urban Law Journal

This Note argues that revocation of a driver's license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state's interest in protecting the …

When Titans Clash - The Limits Of Constitutional Adjudication, Alan N. Young

Articles & Book Chapters

The newspaper headline read: "Court rules against rape victims: Advocates shocked as judges give accused right to demand private counselling records." I Once again, members of the public are left with the impression that the Supreme Court of Canada has awarded the spoils of battle to the accused at the expense of sexual assault complainants. In this comment, I hope to demonstrate two critical points. First, in fairness to the court, it cannot be asserted that the court has afforded sexual assault victims less protection than other victims and/or witnesses who have legitimate expectations of informational privacy which they wish …

Discursive Deficits: A Feminist Perspective On The Power Of Technical Knowledge In Fiscal Law And Policy, Lisa Philipps

Articles & Book Chapters

Decisions about taxation and government spending have great political significance: they affect the distribution of income and wealth and the nature and degree of class, gender and other social inequalities. However, tax and budgetary issues are frequently constructed as technical matters that can be resolved rationally according to economic, mathematical or other ostensibly neutral principles. The author examines the debate around budget deficits and recent sex equality challenges to the income tax system, and argues that both illustrate how technical discourses tend to deny the normative content of fiscal law and policy and to disqualify political opposition to the prevailing …

University Of Texas At Tyler Catalog, 1996-1998, University Of Texas At Tyler

Catalogs

Archives Space instance: https://archivesspace.uttyler.edu/repositories/2/archival_objects/22364

Foreword, Philip J. Cook

Law and Contemporary Problems

No abstract provided.

The National Conference On Legal Information Issues: Selected Essays, Timothy L. Coggins

Law Faculty Publications

During the past decade, information technology developments have the dissemination and use of legal and legal-related In 1995, the American Association of Law Libraries, a organization with more than 5,000 members, convened the first "National Conference on Legal Information Issues" in conjunction with its eighty-eighth meeting. National Conference provided a forum for members of the legal and information communities to discuss the challenging problems and issues arising from the dynamic technological changes that have impacted the creation, dissemination and use of legal information. The National Conference assembled more than 2,500 librarians, law faculty and deans, judges court administrators, practicing attorneys …

New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias

Law Faculty Publications

Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.

Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …

Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr.

Law Faculty Publications

This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make …

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

Table Of Contents For Volume 85, Issue 1, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

The Battered Woman Syndrome And The Kentucky Criminal Justice System: Abuse Excuse Or Legitimate Mitigation?, Sue E. Mcclure

Kentucky Law Journal

No abstract provided.

Public Finance In The American Federal System: Basic Patterns And Current Issues, Richard Briffault

Faculty Scholarship

Public finance issues with significant consequences for American federalism have been at the top of the political agenda for the last several years. Indeed, much of the current debate about American federalism has been explicitly about questions of public finance: Which level of government should pay for which programs? What is to be the relationship between financial responsibility and policy-making authority? Should there be some overall limitation on government outlays and receipts?

Thus, one of the first actions of the 104th Congress was passage of a measure, swiftly signed into law by the President, to curb the ability of the …

Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke

Faculty Publications

No abstract provided.

Minor Rights And Wrongs, Michelle Oberman

Faculty Publications

No abstract provided.

The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan

Faculty Scholarship

In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …

Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell

Faculty Publications

No abstract provided.

Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Lord Brougham's Bromide: Good Lawyers As Bad Citizens, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Crocodiles In The Bathtub: Maintaining The Indepedence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Melancholy Reunion: A Report From The Future On The Collapse Of Civil-Military Relations In The United States, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Schlup V. Delo: Actual Innocence As Mere Gatekeeper, James G. Clessuras

Journal of Criminal Law and Criminology

No abstract provided.

The Social Construction Of A Hate Crime Epidemic, James B. Jacobs, Jessica S. Henry

Journal of Criminal Law and Criminology

No abstract provided.

Guiding The Sentencing Court's Discretion: A Proposed Definiation Of The Phrase Non-Violent Offense Under United States Sentencing Guideline 5k2.13, Seth A. Travis

Journal of Criminal Law and Criminology

No abstract provided.

The Right Of Silence, The Presumption Of Innocence, The Burden Of Proof, And A Modest Proposal: A Reply To O'Reilly, Barton L. Ingraham

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.