Digital Commons Network^™

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

Chicago-Kent Law Review

While commending civil society revivalists' commitment to freedom and equality, this Article argues that the revivalists' moral vision is marred by exclusivity. Roberts locates this moral exclusivity in a flawed account of the relationship between social inequality and moral decline. By discounting the importance of social justice for creating civic faith, involvement, and solidarity, the revivalists' proposals tend to benefit society's most privileged families.

Use Of Race In "Stop-And-Frisk": Stereotypical Beliefs Linger, But How Far Can The Police Go?, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The power of police to detain persons for a brief period to investigate suspected criminal activity--commonly known as “stop-and-frisk”--has always been one of the most contentious issues in law enforcement. Although there is general consensus that street stops are an important weapon in crime prevention, the belief has always existed that stop-and-frisk tactics are often used indiscriminately and abusively against minority groups.

Mental Health Parity: National And State Perspectives 2000: A Report To The Florida Legislature, Bruce Lubotsky Levin, Ardis Hanson, Richard D. Coe, Sara A. Kuppin

Dean's Office Publications

By failing to appropriately treat adults and children with severe mental illness, we incur enormous social costs through payments for disability benefits (Medicaid, SSI, SSDI), increased medical expenses, accidents and suicides, avoidable criminal justice proceedings, lost productivity, and increased need for homeless shelters and services. People who are underinsured are forced by arbitrary caps and limits to increasingly rely on the public sector. By providing parity for mental health, Florida will bring mental health into the mainstream of health care and become a leader in dispelling the prejudice that surrounds treatment of persons with severe mental illness.

University Of New Hampshire Undergraduate Catalog, 2000-2001 Bulletin, University Of New Hampshire

Undergraduate Catalog

No abstract provided.

The International Criminal Court: Contemporary Perspectives And Prospects For Ratification

NYLS Journal of Human Rights

Panel:

PROFESSOR RUTI TEITEL

DR. ROY LEE

MAJOR WILLIAM K. LIETZAU, U.S.M.C.

PROFESSOR GEORGE FLETCHER

RICHARD DICKER, ESQ.

PROFESSOR PAUL DUBINSKY

Spandau Revisited: The Question Of Detention For International War Crimes, Mary Margaret Penrose

NYLS Journal of Human Rights

No abstract provided.

Stick A Fork In It: Is Juvenile Justice Done?, Claude Noriega

NYLS Journal of Human Rights

No abstract provided.

Life Or Death: The Voluntariness Of Guilty Pleas By Capital Defendants And The New York Perspective, Christopher Solgan

NYLS Journal of Human Rights

No abstract provided.

Gold & Blue, Spring 2000, St. Mary's University- San Antonio, Texas

Gold & Blue

This is the Spring 2000 edition of Gold & Blue which is St. Mary's University's official school publication.

Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf

William & Mary Bill of Rights Journal

Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …

Hastings Community (Spring 2000), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Franco's Spain, Queer Nation?, Gema Pérez-Sánchez

University of Michigan Journal of Law Reform

This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.

Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii

Faculty Publications

To understand Fear of Judging and the debate over the Federal Sentencing Guidelines requires some familiarity with the sentencing reform movement that led to the adoption of the Federal Sentencing Guidelines in 1987, as well as at least a rudimentary grasp of the structure of the Guidelines themselves. For those readers who require an introduction to both subjects, the next section of this Article attempts to provide one. Those already familiar with the Guidelines and their history can skip to Section III, where the discussion of Fear of Judging begins in earnest.

The Chronicle, Erin Koester, Corie Campbell, Trent Henkelvig, Steve Young, Nikki Adams, Michael Turner, Sara Giesler, Richard Rush

Campus Chronicle

No abstract provided.

Orange & White - Spring 2000, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Orange & White Magazine

No abstract provided.

Utb/Tsc Commencement – Spring 2000, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.

Getting The Faith: Why Business Lawyers And Executives Believe In Mediation, John M. Lande

Faculty Publications

Do you believe in mediation? That may seem like an odd question. Normally one thinks of ‘believing in‘ (or having faith in) things like magic, God, or the market. These are typically things that are beyond verifiable human knowledge (such as magic and God) and/or deeply held values (such as whether the market is a better mechanism than government for managing the flow of goods and services). At first blush, one might not think that mediation would fall into either category. There have been numerous empirical studies about many different aspects of mediation, so one can confidently say, for example, …

Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff

Faculty Publications

A law student approached me not long ago to discuss a problem he had encountered while helping to prepare a criminal case for retrial. The defendant's first trial ended with a hung jury. The defendant, Steven Brown, now faced a second trial on the same misdemeanor charge of assaulting a police officer. Although the defendant still wanted to go to trial, Brown told defense counsel that he did not want his elderly father to have to testify again. From defense counsel's standpoint, the father's testimony was critical because he was the only witness corroborating the defendant's version of the event. …

Whether The Constitutionality Of The Violence Against Women Act Will Further Federal Protection From Sexual Orientation Crimes, Alexander Dombrowsky

University of Miami Law Review

No abstract provided.

The Peremptory Challenge: Should It Still Exist? An Examination Of Federal And Florida Law, Vivien Toomey Montz, Craig Lee Montz

University of Miami Law Review

No abstract provided.

The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn

UF Law Faculty Publications

This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the …

The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn

UF Law Faculty Publications

Christopher Darden (prosecutor in the O.J. Simpson trial) has come to epitomize the burdens that African American prosecutors face as they perform their professional tasks. Moreover, the "Darden Dilemma" has become a generic term for the anguish that these prosecutors endure as they negotiate between competing allegiances to the African American community and the State. Much has been written about the sense of isolation that African American prosecutors feel when confronting the conflict between their roles as prosecutors and their obligations to the African American community. This article argues that African Americans should not prosecute crimes in the current criminal …

Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen

Articles

No abstract provided.

Justice At The Margins: Equitable Tolling Of Washington's Deadline For Filing Collateral Attacks On Criminal Judgments, Mark A. Wilner

Washington Law Review

RCW 10.73.090 establishes a one-year deadline for appealing a final criminal judgment in Washington State. This Comment argues that this one-year deadline should be subject to the doctrine of equitable tolling, which can prevent a statute of limitation from expiring when extraordinary circumstances preclude timely filing. After examining the text, legislative history, structure, purpose, and policy implications of RCW 10.73.090, this Comment demonstrates that the one-year deadline does not operate as a jurisdictional bar, which would revoke judicial power to hear a postconviction appeal after one year under any circumstances, but instead acts as a statute of limitation subject to …

"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine

Indiana Law Journal

The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores of Blacks are housed in jails and prisons across the country. The mass incarceration of Blacks, among other serious issues, demonstrates that race still matters in the United States. As then-presidential candidate Obama acknowledged in the speech that many viewed to be pivotal …

Community, Spring 2000, Office Of Communications And Marketing, Wright State University

Community

Thirty-six page issue of Community which was published periodically from 1996 through 2011. The magazine focused on news and events at Wright State University relating to faculty, staff, alumni, and friends of the university.

Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles Frederick Sabel

Cornell Law Faculty Publications

Despite the continuing "war on drugs," the last decade has witnessed the creation and nationwide spread of a remarkable set of institutions, drug treatment courts. In drug treatment court, a criminal defendant pleads guilty or otherwise accepts responsibility for a charged offense and accepts placement in a court-mandated program of drug treatment. The judge and court personnel closely monitor the defendant's performance in the program and the program's capacity to serve the mandated client. The federal government and national associations in turn monitor the local drug treatment courts and disseminate successful practices. The ensemble of institutions, monitoring, and pooling exemplifies …

Crime And Community Policing In South Africa, Berhanu Mengistu, Wolfgang Pindur, Marius Leibold

African Social Science Review

This analysis examines the concept of community policing in the context of new South African disposition. With the radical change in social order that accompanied the fall of apartheid, many aspects of South African administration are shifting focus to more community- and citizen-centered ideals. The article first analyzes the qualitative and quantitative nature of crime in South Africa in order to identify the practicality and possible effectiveness of community policing. With this in mind, the concept of community policing as philosophy and practical application is then addressed, citing modern examples of its use. The particulars of current South African culture …

Corporal Punishment In America's Public Schools And The U.N. Convention On The Rights Of The Child: A Case For Nonratification, Andre R. Imbrogno

The Journal of Law and Education

No abstract provided.

Reflections - Spring 2000, University Libraries--University Of South Carolina

Reflections

Contents:

Valuable Research Materials Are Located in Thomas Cooper Library’s Government Information, Microform, and Newspaper Collections..... p.1
Bill Sudduth, Head of Government Information, Microform, and Newspaper Collections..... p.2
University Libraries Establish Ex Libris Society..... p.3
Y2K: A Cause for Celebration and Thanks..... p.3
Libraries Receive Endowment for Reference and Information Resources..... p.3
USC Secures State Funding for Distance Education..... p.4
New Faces: Marna Hostetler..... p.4
News from Thomas Cooper Library’s Special Collections..... p.5
IRIS Provides Computer Support Via the Web..... p.6
Exhibit Features South Carolina Writers..... p.6
Payne Endowment Established..... p.7
South Caroliniana Library Receives Hennig Family Library..... p.7
TCL …