Digital Commons Network^™

Nostalgic Federalism, Judith Olans Brown, Peter D. Enrich

UC Law Constitutional Quarterly

Among the most significant decisions of the Supreme Court over the past decade have been those limiting the scope of congressional authority to act in ways that infringe on the responsibilities and prerogatives of the states. In this article, we review four clusters of such cases - those constraining Congress' powers under the Commerce Clause, those refraining the parameters of section five of the Fourteenth Amendment, cases clarifying the limits on federal authority implicit in the Tenth Amendment, and those expanding the reach of state sovereign immunity. Despite the doctrinal diversity among these cases, the Authors argue that they all …

Financial Reports And Annual Reports Of The Selectmen, Treasurer, Town Clerk, And Tax Collector Including Vital Statistics Of The Town Of Hill, New Hampshire For The Fiscal Year Ending December 31, 1999 And June 30, 1999 Together With The School District, Etc., Hill Town Representatives

Hill, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

2000-2001 Graduate Catalog, Armstrong Atantic State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

Academic catalog for Armstrong Atlantic State University.

Taylor Hall In The Beginning, Mabel Lang

Emeritus Papers

No abstract provided.

Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert

Law Faculty Articles and Essays

Many states in America have enacted laws to encourage the development of contaminated properties. The laws attempt to do this by addressing one barrier to redevelopment, the environmental liability attached to contaminated properties. In general, the laws attempt to remove or reduce the significance of that barrier by reducing or eliminating the environmental liability risk attached to these properties. Our hypothesis was that these efforts cannot significantly encourage redevelopment because they fail to address non-environmental barriers to urban redevelopment. To determine whether this legislative focus on environmental liability is misplaced, we conducted a survey of Northeast Ohio businesses, which had …

Public Opinion About Punishment And Corrections, Francis T. Cullen, Bonnie S. Fisher, Brandon K. Applegate

Faculty Publications

"Get tough" control policies in the United States are often portrayed as the reflection of the public's will: Americans are punitive and want offenders locked up. Research from the past decade both reinforces and challenges this assessment. The public clearly accepts, if not prefers, a range of punitive policies (e.g., capital punishment, three-strikes-and-you're-out laws, imprisonment). But support for get-tough policies is "mushy." Thus citizens may be willing to substitute a sentence of life imprisonment without parole for the death penalty. Especially when nonviolent offenders are involved, there is substantial support for intermediate sanctions and for restorative justice. Despite three decades …

Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty

Cleveland State Law Review

This Thesis discusses the ‘straight release’ program implemented by the Cleveland Police Department in the late 1990’s. It starts by describing the 24-hour charge or release rule, and how criminals were arrested, released, and arraignment notices were later sent to them by mail. Criminals used aliases to hinder the indictment procedure. Part V discusses national trends in arrest to disposition rates. Parts VI – X discusses Cleveland practices in the criminal justice system. Part XI discusses the effects of failure to identify arrested suspects before releasing them. Part XII describes the chaos of the municipal court. Part XIII discusses the …

Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose Or Destroy Evidence With Apparent Exculpatory, Elizabeth A. Bawden

Cleveland State Law Review

Part I of this Article examines the first question, what does it mean for evidence to have "apparent exculpatory value?" Part II of this Article answers the second question, when does Youngblood's bad faith requirement apply in failure to preserve evidence cases? Part III then seeks to determine the substance of Youngblood's bad faith requirement and identify the best approach to defining it. Ultimately, this Article argues that there are three common mistakes that courts make when applying Trombetta and Youngblood.

Foreword For The Smu 2000 Annual Survey Of Texas Law, Rick Perry

SMU Law Review

No abstract provided.

Personal Torts, Frank L. Branson

SMU Law Review

No abstract provided.

The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman

Fordham Urban Law Journal

This Note considers the Fourth Amendment concerns raised by strip searches of children in child abuse investigations. The Note first describes the evolution of children's rights and identifies the interests of the child and parents in child abuse investigations. The Note then analyzes the two exceptions under which a nude search of a child's body may be conducted - consent and exigent circumstances, as well as the qualified immunity defense with respect to social workers and police officers. Finally, this Note concludes that a child should possess the authority to consent to a strip search in a child abuse investigation …

Restorative Justice And The Prosecutor, Frederick W. Gay

Fordham Urban Law Journal

A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.

Lawsuits Against The Gun Industry: A Comparative Institutional Analysis, Timothy D. Lytton

Faculty Publications By Year

I argue that the tort system can complement the efforts of either institutions such as markets, legislatures and administrative agencies to make public policy. Solving complex social problems typically requires the cooperation of several policymaking institutions, each with its own strengths and weaknesses. My examination of lawsuits against the gun industry reveals that the tort system can and should play an active policymaking role in reducing gun violence.

Stadium Financing And Franchise Relocation Act Of 1999, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

The Supreme Court's Avoidance Of The Nondelegation Doctrine In Clinton V. City Of New York: More Than "A Dime's Worth Of Difference", Steven F. Huefner

Catholic University Law Review

No abstract provided.

The Warrantless Use Of Thermal Imaging And "Intimate Details": Why Growing Pot Indoors And Washing Dishes Are Similar Activities Under The Fourth Amendment, Aaron Larks-Stanford

Catholic University Law Review

No abstract provided.

Federal Preemption By The Airline Deregulation Act Of 1978: How Do State Tort Claims Fare?, Matthew J. Kelly

Catholic University Law Review

No abstract provided.

Civil Evidence, Michael W. Shore

SMU Law Review

No abstract provided.

Town Of Milton, New Hampshire 1999 Annual Report., Milton Town Representatives

Milton, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Two Models Of Corporate Social Responsibility To Communities, Alan Wallace

Mountain Plains Journal of Business and Technology

Corporations from the most economically developed countries have been joining together over the past 15 years to form organizations such as Caux Round Table, Social Venture Network, Business for Social Responsibility, and Canadian Business for Social Responsibility to widely promote corporate social responsibility and either to craft standards of social responsibility or to provide examples from members about how they enact corporate social responsibility. Although their views overlap, there are some inconsistencies in content, emphasis, rationales for corporate social responsibility, and audit recommendations. Examination of these four organizations reveals two quite different rationales for corporate social performance, one involving sharing …

Launching From 'Down Under': The New Australian Space Activities Act Of 1998, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction: the generic role of national space legislation- Prior to dealing with the specific case of Australia, and its recently established national space law, a summary overview of international space law and the generic role of national space legislation within its framework is due. This overview is for a major part summarising an analysis already undertaken in much more detail at another occasion.

2. The international legal framework for national space legislation - Articles VI and VIII. Outer Space Treaty- Article VI of the Outer Space Treaty provides that states are internationally responsible for "national activities in outer space", …

Comprehensive Annual Financial Report, 1999, City Of Clayton

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

Comprehensive Annual Financial Report, 1999, City Of Des Peres

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

Comprehensive Annual Financial Report, 1999, City Of Arnold

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

Comprehensive Annual Financial Report, 1999, City Of Lake St. Louis

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

Making Government Pay: Markets, Politics, And The Allocation Of Constitutional Costs, Daryl J. Levinson

Faculty Articles

Instrumental analysis of private law damage remedies assumes rational economic actors in a market environment. A privately owned factory forced by the tort system to pay $1000 in pollution costs suffered by a downstream neighbor will continue to pollute if, and only if, the private benefits of its pollution-producing activity exceed $1000. At least within the law and economics paradigm, we can safely take for granted the rather strong assumptions upon which this analysis rests. No one doubts; for example, that a profit-maximizing firm will tend to ignore social costs that are not reflected in financial outflows, or that it …

Miranda's Fall?, Kenji Yoshino

Faculty Articles

Book review of The Fall by Albert Camus, Vintage Books 1991.

Comparable Worth: Pay Equity And Women Of Color, Elizabeth A. Sherman

Trotter Review

The relationship between women of color and community economic development is fundamentally a question of income. And, for women, questions of income more often than not become questions of pay equity - whether or not women and men are receiving equal pay for equal, or comparable work. Because the economy retains entrenched vestiges of sexual discrimination, the solutions to such problems lie within the political realm, where laws to ensure equality are created and enforced. In this regard, women themselves have a vital role to play as activists focusing on mitigating the barriers to opportunity that have depressed women's well …

Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor

Touro Law Review

No abstract provided.

Due Process, Kathleen Byrne

Touro Law Review

No abstract provided.