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1998

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Articles 1171 - 1200 of 1709

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Title Iii Of The Violence Against Women Act: Can It Survive A Commerce Clause Challenge In The Wake Of United States V. Lopez?, Charis Mincavage Jan 1998

Title Iii Of The Violence Against Women Act: Can It Survive A Commerce Clause Challenge In The Wake Of United States V. Lopez?, Charis Mincavage

Dickinson Law Review (1908-2003)

No abstract provided.


Achieving Proper Balance In Research With Decisionally-Incapacitated Subjects: Nami's Perspectives On The Working Group's Proposal, Laurie M. Flynn, Ronald S. Honberg Jan 1998

Achieving Proper Balance In Research With Decisionally-Incapacitated Subjects: Nami's Perspectives On The Working Group's Proposal, Laurie M. Flynn, Ronald S. Honberg

Journal of Health Care Law and Policy

No abstract provided.


The Status Of Judicial Reform In Russia, Scott P. Boylan Jan 1998

The Status Of Judicial Reform In Russia, Scott P. Boylan

American University International Law Review

No abstract provided.


Foreword, Diane F. Orenlicher Jan 1998

Foreword, Diane F. Orenlicher

American University International Law Review

No abstract provided.


Adrift But Still Clinging To The Wreckage: A Comment On Damaska's Evidence Law Adrift, John D. Jackson Jan 1998

Adrift But Still Clinging To The Wreckage: A Comment On Damaska's Evidence Law Adrift, John D. Jackson

UC Law Journal

No abstract provided.


International Support For International Criminal Tribunals And An International Criminal Court, Claudio Grossman, Gabrielle Kirk Mcdonald, Arlen Specter, Steven "Skippy" Weinstein Jan 1998

International Support For International Criminal Tribunals And An International Criminal Court, Claudio Grossman, Gabrielle Kirk Mcdonald, Arlen Specter, Steven "Skippy" Weinstein

American University International Law Review

No abstract provided.


History And Future Of The International Criminal Tribunals For The Former Yugoslavia And Rwanda, Louise Arbour, Aryeh Neier Jan 1998

History And Future Of The International Criminal Tribunals For The Former Yugoslavia And Rwanda, Louise Arbour, Aryeh Neier

American University International Law Review

No abstract provided.


Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie Jan 1998

Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie

UIC Law Review

No abstract provided.


"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black Jan 1998

"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black

UIC Law Review

No abstract provided.


Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring Jan 1998

Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring

UIC Law Review

No abstract provided.


Affirmative Action Statements, Michigan Journal Of Gender & Law Jan 1998

Affirmative Action Statements, Michigan Journal Of Gender & Law

Michigan Journal of Gender & Law

The student editors of the Michigan Journal of Gender & Law adopted a brief statement for release with other student statements and voted to publish a statement in the Journal. This is their statement in response to the anti-affirmative action lawsuits. Several other Law School student organizations have also provided their statements to publish.


A Resource Theory Of The Criminal Law: Exploring When It Matters, Richard O. Lempert Jan 1998

A Resource Theory Of The Criminal Law: Exploring When It Matters, Richard O. Lempert

Book Chapters

This paper might look very different had I been asked a sensible question. Instead, I was told that the focus of the program for which this paper was originally prepared was "Does law matter?" and that my particular assignment was to discuss the question of whether the criminal law mattered. Of course criminal law matters. One hardly need be a committed functionalist to conclude from the dense net of criminal laws that envelop modern societies that criminal law must matter or else we would not have so much of it or, conversely, because we have so much of it, it …


Catholic Judges In Capital Cases, John H. Garvey Jan 1998

Catholic Judges In Capital Cases, John H. Garvey

Scholarly Articles

No abstract provided.


The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich Jan 1998

The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Right To A Fair Trial In China, Daphne Huang Jan 1998

The Right To A Fair Trial In China, Daphne Huang

Washington International Law Journal

The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China's Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard. China's history of human rights abuses and the obstacles to compliance make enforcement of the right seem an insunnountable task. However, the trends of democratization and economic globalization, combined with optimistic reports of political reform in China provide hope that compliance with the right will eventually be achieved.


Toward Peace In Northern Ireland, George J. Mitchell Jan 1998

Toward Peace In Northern Ireland, George J. Mitchell

Fordham International Law Journal

That is one side of the coin of liberty. When we adjourned for the Christmas holiday the prospects were bleak. It was in mid-February 1998, on the flight from Dublin back to the United States, that I began to devise a plan to establish an early deadline for an end to the talks. He stayed up all night at the White House, telephoning several of the delegates at critical times in the final hours of negotiation. Most importantly for its survival, the agreement was overwhelmingly endorsed by the people of Ireland, North and South, in a free and democratic election. …


From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien Jan 1998

From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien

Fordham International Law Journal

This Essay examines the process by which the language of human rights moved to center stage in the political process. It looks to peace processes elsewhere to determine whether the Agreement is deserving of the High Commissioner's special praise and analyzes, from a human rights perspective, the content of the Agreement and the extent to which the promises made therein have been fulfilled to date.


Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing Jan 1998

Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing

Journal of Law and Health

The focus of this Note is the upcoming development of a new tort cause of action which would afford battered women full recovery and also help alleviate a growing public health epidemic. This Note argues that battered women syndrome is a valid psychological theory which has a place in civil litigation as a recognized cause of action. Although the theory is criticized by feminist scholars who believe that the testimony may perpetuate gender bias in criminal trials, the syndrome is still advantageous for women seeking redress in civil courts. Part I examines the phenomenon of battered women syndrome and its …


Toxic Television, Editorial Discretion, & (And) The Public Interest: A Rocky Mountain Low, Clay Calvert Jan 1998

Toxic Television, Editorial Discretion, & (And) The Public Interest: A Rocky Mountain Low, Clay Calvert

UC Law SF Communications and Entertainment Journal

In the modem world of newsmedia, the lines between informative news and gratuitous entertainment have been blurred by a increase in "infotainment" broadcasting and by news shows which often use violence or other entertainment devices to increase audiences. This trend has given rise to concerns that the current regulatory scheme is not properly categorizing this type of "news" and is not sufficiently warning or protecting viewers. In this article, Professor Calvert examines the questions surrounding this controversy. To illustrate some of these issues, this article looks at a recent challenge brought by a Colorado group to the renewal of the …


Asset Forfeiture: Home And Abroad, Steven L. Kessler Jan 1998

Asset Forfeiture: Home And Abroad, Steven L. Kessler

ILSA Journal of International & Comparative Law

Good intention will always be pleaded for every assumption of power.... [T]he Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. -Daniel Webster


The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis Jan 1998

The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis

ILSA Journal of International & Comparative Law

In early 1997, Professor M. Cherif Bassiouni' assembled a group of individuals to discuss the creation of a set of guiding principles for combatting impunity for international crimes. The group included myself, Professor Michael Scharf,2 Professor Paul Williams,3 and Professor Madeline Morris.


Not Just An Act Of Mercy: The Demise Of Post-Conviction Relief And A Rightful Claim To Clemency, Kathleen M. Ridolfi Jan 1998

Not Just An Act Of Mercy: The Demise Of Post-Conviction Relief And A Rightful Claim To Clemency, Kathleen M. Ridolfi

Northern California Innocence Project Scholarship

No abstract provided.


Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff Jan 1998

Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff

Faculty Publications

In Commonwealth v. Woodward, the highly publicized murder trial of an au pair accused of killing an infant in her care, the defense team faced a strategic decision commonly encountered at trial: whether to request or to object to lesser included jury instructions. Put simply, the Woodward defense team had to decide whether to ask for an instruction that would permit the jury to return a manslaughter verdict, or to object to such an instruction, leaving the jury only the choice either to acquit the defendant or to convict her of second degree murder as charged in the indictment. Undoubtedly …


Natural Resource Management - The Creation Of A New Interdisciplinary Major At The University Of Delaware, Steven E. Hastings, Karen Roth Aniunas Jan 1998

Natural Resource Management - The Creation Of A New Interdisciplinary Major At The University Of Delaware, Steven E. Hastings, Karen Roth Aniunas

Natural Resources and Environmental Issues

The College of Agricultural Sciences at the University of Delaware has an excellent faculty and physical facility well positioned to educate students for managing the world's natural resources (air, land, water, pants, animals, etc.) into the next century. The college offers a variety of traditional, discipline specific undergraduate majors in five academic departments. A faculty committee worked for more than two years to formulate a new major with an interdisciplinary approach. The result is a new major, Natural Resource Management, which began admitting freshman students in the Fall of 1997. This paper will discuss the creation of the Natural Resource …


Interstate Educational Programs: Are We Ready?, Weldon S. Sleight Jan 1998

Interstate Educational Programs: Are We Ready?, Weldon S. Sleight

Natural Resources and Environmental Issues

During the past 15 years, Utah State University and other institutions have vigorously investigated the possibility of sharing educational resources across state lines. This concept, while very important to higher education's future, has not been fully realized. The most obvious barriers have been lack of financial resources and working models. This paper outlines models and procedures that could benefit institutions in the development of cooperative degrees.


United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley Jan 1998

United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Justice Charles M. Leibson And The Revival Of State Constitutional Law: A Microcosm Of A Movement, Jennifer Digiovanni Jan 1998

Justice Charles M. Leibson And The Revival Of State Constitutional Law: A Microcosm Of A Movement, Jennifer Digiovanni

Kentucky Law Journal

No abstract provided.


Intuition And Science In The Race Jurisprudence Of Justice Blackmun, Deborah Malamud Jan 1998

Intuition And Science In The Race Jurisprudence Of Justice Blackmun, Deborah Malamud

Faculty Articles

For our purposes, then a race jurisprudence is not only about voice, but is also, and more fundamentally, about scope, time, focus, method, and transparency. When one looks at the development of Justice Blackmun's race jurisprudence over time, the most central issue is the issue of method. The opinions for which Justice Blackmun is best known are full of a gestalt understanding of how race and racism do their work in American society. But if one looks back to Justice Blackmun's years on the United States Court of Appeals for the Eighth Circuit and his opinions in the Supreme Court …


Constitutional Law - The United States Supreme Court Holds That Police Officers May Order Passengers Out Of A Lawfully Stopped Vehicle Without Reasonable Suspicion Of Criminal Activity - Maryland V. Wilson, J. Ketscher Jan 1998

Constitutional Law - The United States Supreme Court Holds That Police Officers May Order Passengers Out Of A Lawfully Stopped Vehicle Without Reasonable Suspicion Of Criminal Activity - Maryland V. Wilson, J. Ketscher

Land & Water Law Review

No abstract provided.


Criminal Law - Intoxication As A Defense: The Drunk And Dangerous Model - Montana V. Egelhoff, Kyndra K. Miller Jan 1998

Criminal Law - Intoxication As A Defense: The Drunk And Dangerous Model - Montana V. Egelhoff, Kyndra K. Miller

Land & Water Law Review

No abstract provided.