Digital Commons Network^™

The Age Of Autonomy: Legal Reconceptualizations Of Childhood, Janet L. Dolgin

Hofstra Law Faculty Scholarship

This Article aims to explain the peculiarity involved in the law's redefining children in two contexts in which such redefinitions seem least felicitous. Toward this effort, Part II, following this introductory section, outlines the developing preference within society and within the law for individualism within American families, especially insofar as adults are concerned. Part III considers the depth of social ambivalence about that preference with regard to understandings of children and childhood. Part IV details and compares concrete legal responses to children in dysfunctional families and to children within the juvenile justice system. Part V focuses on the implications of …

Reclaiming Social Rights: International And Comparative Perspectives, Barbara Stark

Hofstra Law Faculty Scholarship

In Reclaiming Social Rights: International and Comparative Perspectives, Paul Hunt, formerly a Visiting Fellow with the Harvard Human Rights Program, now at the University of Waikato, New Zealand, grapples with the historical and political marginalization of social rights, and offers visionary but practical plans for reclaiming them. By "social rights," Hunt means the rights set out in Articles 11- 14 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), including an adequate standard of living, food, shelter, health, and education. Hunt seeks a broad audience, focusing on the human rights community, which, as he correctly points out, has …

Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey

Villanova Law Review (1956 - )

No abstract provided.

Cupola, 1999, Western New England College

Yearbooks

Western New England University was founded in 1919 as the Springfield Division of Northeastern University. The senior yearbooks bore the name of Northeastern University in some way until 1953. The yearbook was given its present day title, The Cupola, in 1961. Yearbooks contain photos of graduating seniors, campus events, student clubs and organizations, faculty and staff, athletic teams and events, and other memorable occasions from the academic year.

Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit

Faculty Works

A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …

Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak

St. Mary's Law Journal

As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …

A Mother Removed — A Child Left Behind: A Battered Immigrant's Need For A Modified Best Interest Standard, Julie Linares-Fierro

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly

Articles

This narrative is a fictionalized account of real legal, historical, and interpersonal issues rooted in the social construction of race.

Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler

Articles

This Article considers how theories of medical negligence might be applied in the context of telemedicine and integrated delivery health plans. Part Two summarizes the history of telemedicine, its increasing breadth of application and opportunity and promise for the future. Part Three reviews traditional negligence principles and precedents and demonstrates how they might be applied when a telemedicine interaction results in negligence and harm to the patient. Part Four discusses evolving theories of shared liability applicable to health plans and managed care entities. Finally, Part Five demonstrates how shared liability theories will be applied to situations involving telemedicine technologies.

The States' Printz In Shining Armor: Printz V. United States - A Model Anti-Federal Review Decision, Melanie Cassel Liebsack

South Dakota Law Review

No abstract provided.

The Phoenix Project: (Seriously) Renewing Public Trust In The American Justice System, Robert F. Blomquist

South Dakota Law Review

No abstract provided.

Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger

Reviews

In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …

Context And Culpability In Adolescent Crime, Jeffrey A. Fagan

Faculty Scholarship

This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …

The Constitution And The Cathedral: Prohibiting, Purchasing, And Possibly Condemning Tobacco Advertising, Thomas W. Merrill

Faculty Scholarship

This Article has both theoretical and practical objectives, which are closely interrelated. The theoretical objective is to develop a framework for understanding the "transaction structure" of constitutional rights. By this, I refer to the different rules that determine when the government may purchase, condemn, or otherwise extinguish constitutional rights. The practical objective is to consider different options that may be available to the government, as part of a broader effort to reduce the incidence of smoking, to curtail tobacco advertising that would otherwise be protected under the First Amendment. It is my hope that the theoretical framework will illuminate the …

Annual 1999 Academic Affairs Forum: Access To A Quality Education, Ellen N. Junn

Office of the Provost Scholarship

No abstract provided.

The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West

Georgetown Law Faculty Publications and Other Works

In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …

Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand

St. Mary's Law Journal

Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …

Professor Steele's Opus, Gerald S. Reamey

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Nowhere To Run, Nowhere To Hide: Augusto Pinochet, Universal Jurisdiction, The Icc, And A Wake-Up Call For Former Heads Of State, Jamison G. White

Case Western Reserve Law Review

No abstract provided.

The Determinants Of Juvenile Justice Policy In France And Germany, Jacqueline A. Meyers

Theses and Dissertations

This dissertation assesses the factors that influence the development of juvenile justice policy in France and Germany within the context of systems theory, The project utilizes an open/closed systems framework as a way to conceptualize determinants of juvenile justice policy. France and Germany serve as two single case studies for demonstrating the open and closed dichotomy that characterize system theory with France being characterized as a closed system while Germany is characterized as an open system. This difference is demonstrated through a discussion of historical, cultural, political, social and economic variables, which shape policy development in each of these countries. …

The Substantive Elements In The New Special Pleading Laws, Jeffrey A. Parness, Amy M. Leonetti, Austin W. Bartlett

Nebraska Law Review

I. Introduction

II. Illustrative Laws ... A. Federal Securities Claims ... B. New Jersey and Georgia Professional Malpractice Claims ... C. Medical Malpractice Claims ... D. Requests for Punitive Damages ... E. Childhood Sexual Abuse Claims ... F. Federal Civil Rights Claims

III. Determining and Applying the Substantive Elements of the New Special Pleading Laws ... A. Separation of Powers: Who Makes the Law? ... 1. Legislature or Judiciary ... 2. Lower Court or High Court? ... B. Choice of Law: Which Law Applies? ... 1. Federal or State Law? ... a. Erie Analysis ... i. Professional Malpractice Claims ... …

Higher Education In Law Enforcement And Perceptions Of Career Success, Domenick R. Varricchio

Seton Hall University Dissertations and Theses (ETDs)

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Legality And Morality In H.L.A. Hart's Theory Of Criminal Law, Hamish Stewart

SMU Law Review

No abstract provided.

Gvsu Graduate Bulletin, 1999-2000, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 1999-2000 graduate bulletin published annually to provide students with information and guidance for enrollment.

Gvsu Undergraduate And Graduate Bulletin, 1999-2000, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 1999-2000 undergraduate and/or graduate bulletin published annually to provide students with information and guidance for enrollment.

Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski

Articles

In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …

Domestic Violence And Children: Analysis And Recommendations, Lois A. Weithorn, Lucy S. Carter, Richard E. Behrman

Faculty Scholarship

No abstract provided.

Mommy's Gone, Daddy's In Prison, Now What About Me - Family Reunification For Children Of Single Custodial Fathers In Prison - Will The Sins Of The Incarcerated Fathers Be Inherited By Their Children, William Wesley Patton

North Dakota Law Review

No abstract provided.

The Lautenberg Amendment: An Essential Tool For Combatting Domestic Violence, Jodi L. Nelson

North Dakota Law Review

No abstract provided.