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2000

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Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend Jan 2000

Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend

Northwestern Journal of International Law & Business

This Twentieth Anniversary Issue of JILB again has a symposium on law in China entitled China Revisited: Examining the Rule of Law After Twenty Years." The impetus for the 2000 China Symposium is the unprecedented integration of China into the world economic community, evidenced by China's imminent entry into the World Trade Organization ("WTO").2 The road to China's integration into the WTO was paved by the U. S. Senate's recent vote, "the most significant advance in U.S.-China relations since President Nixon's 1972 visit,'13 which grants China permanent normalized trade relations without annual Congressional review. Although the Senate approval was expected, …


Closing Address, April 8, 2000, Vincent Saldanha Jan 2000

Closing Address, April 8, 2000, Vincent Saldanha

Fordham International Law Journal

Vincent Saldanha thanked the participants for attending the conference. He noted that it is also an uncomfortable situation to presume to speak on behalf of the poor, as the poor are neither voiceless nor invisible. He noted, however, that the discussions over the previous days were devoid of arrogance and patronage. He went on to note that, despite the many international perspectives presented at the conference, there were a great deal of commonalities between the issues facing those who provide legal services for indigent populations. Mr .Saldanha argued that there is a fundamental right to justice, and noted that this …


Access To Justice In Lithuania, Linas Sesickas Jan 2000

Access To Justice In Lithuania, Linas Sesickas

Fordham International Law Journal

This article examines the state of the Lithuanian legal system ten years after its independence and offers suggestions for reforms that would increase citizens' access to justice. The article addresses issues arising from the increasing legal and economic complexity of Eastern Europe and the corresponding increased need for legal advice. Finally, the article notes the difficulty in acheiving individualism and human rights goals while socio-economic disparity is increasing.


The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White Jan 2000

The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White

Fordham International Law Journal

Globalization, in the context of this panel, refers to international, trans-border processes which are not regulated by the international legal framework, either private law or public international law. These processes, these unregulated influences, are having both positive and negative effects and affecting aspects of culture and society which had previously been considered domestic or wholly domestic concerns. This is creating a tension within both the domestic and international environments, and it is this particular tension that this panel seeks to address.

E. Clinton Bamberger, Emeritus Professor of Law, University of Maryland Law School, will speak about how domestic systems in …


Social Structure And Deviance, Gordon A. Crews Jan 2000

Social Structure And Deviance, Gordon A. Crews

Criminal Justice Faculty Publications

No abstract provided.


Open Forum, College Of Liberal Arts, George C. Wright Jan 2000

Open Forum, College Of Liberal Arts, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.


2000 Annual Report, Tennessee. Department Of Audit, Tennessee. Comptroller Of The Treasury Jan 2000

2000 Annual Report, Tennessee. Department Of Audit, Tennessee. Comptroller Of The Treasury

Department of Audit Annual Reports

This document is the annual report for the Tennessee Department of Audit.


Defending Humanity, Peter Cicchino Jan 2000

Defending Humanity, Peter Cicchino

Human Rights Brief

No abstract provided.


News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh Jan 2000

News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh

Human Rights Brief

No abstract provided.


Commercial Sex: Beyond Decriminalization, Sylvia A. Law Jan 2000

Commercial Sex: Beyond Decriminalization, Sylvia A. Law

Faculty Articles

This Article argues that: 1) criminal sanctions against people who offer sex for money should be repealed, 2) legal remedies and programs to protect commercial sex workers from violence, rape, disease, exploitation, coercion and abuse should be enhanced and 3) whether or not commercial sex is prohibited by criminal law, government policy should promote decent working conditions for all workers and should not require people to engage in sex as a condition of subsistence. It further addresses how, as a practical matter, people who provide commercial sex can best be protected against exploitation, both physical and economic. This Article demonstrates …


Saying No To Stakeholding, Jeffrey S. Lehman, Deborah Malamud Jan 2000

Saying No To Stakeholding, Jeffrey S. Lehman, Deborah Malamud

Faculty Articles

Book review of Bruce Ackerman and Anne Alstott, The Stakeholder Society, Yale University Press, 1999.


What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton Jan 2000

What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

For the purpose of this article, the relevance of my experience as a criminal defense attorney is this: if ever one might expect to find a prosecutor inclined to err on the side of fairness of process and protecting the rights of defendants, it ought to be me. Also, for more than twenty years, I have been something of a professional ethicist--as research fellow, teacher, staff member of an ethics center, chair and/or member of several institutional review boards, pro bono trial counsel to a disciplinary committee, ethics consultant, and expert witness--and, therefore, one might think, especially susceptible to the …


Legislation By Assembly, Jeremy Waldron Jan 2000

Legislation By Assembly, Jeremy Waldron

Faculty Articles

Political scientists often remind us that real legislative power is vested in a much smaller number of people than the full membership of Parliament or the full membership of Congress. They emphasize the power of the executive in Westminster-style systems, under which the parliament very seldom fails to enact any bill proposed by the executive and very seldom enacts any bill not proposed by the executive. Or, in American legislatures, political scientists point to the power of committees as the effective legislative power. This might suggest' that the disparity of numbers to which I have called your attention is more …


Essays On The Economics Of Crime And Econometric Methodology: Dissertation Summary, Sean M. May Jan 2000

Essays On The Economics Of Crime And Econometric Methodology: Dissertation Summary, Sean M. May

Dissertation Awards

The research presented in this thesis covers two topics: the economics of crime and econometric methodology. The first chapter addresses the question of whether higher wages reduce teenage crime rates. I exploit exogenous variation in the wages of teenagers resulting from federal minimum wage legislation. The second chapter examines the effect of crime on the labor market outcomes of victims. I use longitudinal data from the National Crime Victimization Survey to estimate the employment-related costs of crime. Estimates suggest that being the victim of a violent crime causes a transitory decline in the employment rates and household income of victims …


The In Houses Of Deceits: Science, Forensic Science, And Evidence - An Introduction To Forensic Evidence, Terrence F. Kiely Jan 2000

The In Houses Of Deceits: Science, Forensic Science, And Evidence - An Introduction To Forensic Evidence, Terrence F. Kiely

Land & Water Law Review

No abstract provided.


Criminal Law - The Mirage Of Brady In Wyoming: How Will The Wyoming Supreme Court Allow A Prosecutor To Go - Beintema V. State, M. Shawn Matlock Jan 2000

Criminal Law - The Mirage Of Brady In Wyoming: How Will The Wyoming Supreme Court Allow A Prosecutor To Go - Beintema V. State, M. Shawn Matlock

Land & Water Law Review

No abstract provided.


Utilizing The Tools: Successfully Implmenting The Stalking Statutes, Stacy Casper Martinez Jan 2000

Utilizing The Tools: Successfully Implmenting The Stalking Statutes, Stacy Casper Martinez

Land & Water Law Review

No abstract provided.


Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla Jan 2000

Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla

Fordham Urban Law Journal

This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.


2000 Vol. 8 No. 1, Cleveland-Marshall College Of Law Jan 2000

2000 Vol. 8 No. 1, Cleveland-Marshall College Of Law

Law Notes

No abstract provided.


Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber Jan 2000

Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber

Journal of Health Care Law and Policy

No abstract provided.


Cyberpredators: Police Internet Investigations Under Florida Statute 847.0135, Michael W. Sheetz Jan 2000

Cyberpredators: Police Internet Investigations Under Florida Statute 847.0135, Michael W. Sheetz

University of Miami Law Review

No abstract provided.


The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin Jan 2000

The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin

Cleveland State Law Review

This Comment examines Morales and the Court's treatment of anti-gang loitering statutes under the vagueness doctrine. Part II examines the City of Chicago's attempt to tackle the problem of gangs terrorizing its citizens and how the Illinois courts dealt with the ordinance. Part III then examines the reasons for the United States Supreme Court invalidating the ordinance, with equal emphasis placed on all the Justice's opinions. Part IV then analyzes the implications of the Court's decision, criticizing the plurality's creation of a fimdamental right to loiter and demonstrating how the ordinance survives a vagueness challenge.


Prosecution Of Christian Scientists: A Needed Protection For Children Or Insult Added To Injury, Daniel Vaillant Jan 2000

Prosecution Of Christian Scientists: A Needed Protection For Children Or Insult Added To Injury, Daniel Vaillant

Cleveland State Law Review

A young child is dead. The death occurred because the parents refused to take their child to a doctor. Now, ordinarily, this refusal to obtain medical attention for a dying child would result in immediate indictments against the parents for involuntary manslaughter. But what if the parents are Christian Scientists? This question of whether Scientists should be treated differently because of their faith is a very controversial one in America today. If we allow the Scientists to practice their religion without government interference, children who could be medically treated and possibly saved may die. If, on the other hand, we …


Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia Jan 2000

Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia

Cleveland State Law Review

This Note analyzes law enforcement's use of one particularly troublesome tactic-the use of sexual acts or romantic promises to encourage a defendant to participate in illegal activities or to obtain information that can be used against the defendant at trial. The first part of this Note gives a brief history of the outrageous government conduct defense, including its distinction from entrapment, its origin and its lack of success in the courts. Although the entrapment defense and the outrageous conduct defense have some similarities, they are in fact quite different. The second section of this Note discusses the perception of sex …


Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath Jan 2000

Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath

Fordham International Law Journal

This Report is divided into five parts, which track the main issues that the mission examined. Part I examines the arbitrary arrest and detention practices that are widespread in Mexico. Part II explores the conditions and standards that lead to the taking of coerced confessions, as well as the ready use of such confessions at trial. In Part III, this Report turns to issues relating to legal representation in Mexico, especially the denial of access to counsel at critical points of the criminal process. The intimidation of defense attorneys, persons of confidence, and human rights advocates furnishes the subject of …


Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle Jan 2000

Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle

Fordham International Law Journal

This Essay uses the experiences of international efforts to promote clinical legal aid in China to explore one such unexpected consequence of globalization: international assistance's understandable focus on more familiar kinds of legal aid institutions and activities can unintentionally impede the development of indigenous legal aid practices and institutions that might ultimately be better suited for the particular domestic environment. Part I of this essay will discuss international efforts to promote clinical legal aid in China, Part II will discuss reductive strategies for promoting legal development and the problems they present, Part III will discuss pragmatic strategies for promoting legal …


Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers Jan 2000

Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers

Fordham International Law Journal

There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …


Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama Jan 2000

Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama

Fordham International Law Journal

Led by moderator Frank Upham, the panelists discussed legal aid in the context of societies transitioning from one form of social order to another, and the institution-building that is required.


Protecting The Protectors: Preventing The Decline Of The Inter-American System For The Protection Of Human Rights, Michael F. Cosgrove Jan 2000

Protecting The Protectors: Preventing The Decline Of The Inter-American System For The Protection Of Human Rights, Michael F. Cosgrove

Case Western Reserve Journal of International Law

No abstract provided.


The Russian Death Penalty Dilemma: Square Pegs And Round Holes, Khadine L. Ritter Jan 2000

The Russian Death Penalty Dilemma: Square Pegs And Round Holes, Khadine L. Ritter

Case Western Reserve Journal of International Law

No abstract provided.