Digital Commons Network^™

Learning Our Freedom, Ingrid Flory, Debra Henzey

School K-12

Over the past three years, several events have drawn attention to the startling stare of civic education in North Carolina.

Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman

Cardozo Journal of International and Comparative Law

The article examines the challenges and implications of enforcing Article 36 of the Vienna Convention on Consular Relations in the U.S., focusing on whether individuals can seek remedies for violations in U.S. courts. It highlights the legal ambiguities surrounding the treaty's self-executing status and the barriers foreign states face in enforcing it domestically. The author emphasizes the need for improved U.S. compliance to protect its citizens abroad and maintain international legal order.

Diffusion And Focus In International Law Scholarship, Diane P. Wood

Chicago Journal of International Law

Although the advent of the Chicago Journal of International Law is a welcome event, that fact may not be obvious to all followers of international legal scholarship. After all, there are well more than seventy international law journals already being produced in the United States alone.' A complete list would be hard to compile, and in the end would still be uninformative, because of the simple fact that many international articles regularly appear in general law reviews. Moreover there are many distinguished journals published outside this country.2 Even if parochialism can be forgiven in some areas (though it is hard …

American Advice And New Constitutions, Cass R. Sunstein

Chicago Journal of International Law

The early 1990s were among the most extraordinary periods for constitution-making in the history of the world. Several people at the University of Chicago Law School played a role in this period, mostly as observers, to some small degree as participants. The editors of this Journal have asked me for some brief reflections on this remarkable time; I am grateful to have been asked and happy to oblige. This is an impressionistic essay, but I do have a principal theme. It involves the conflict between what might be called pragmatic and expressive conceptions of constitution-making and constitutionalism. Americans generally tend …

Human Rights In Transition-- Freedom From Fear, Dorothea Beane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Alumni Quarterly - Issue No. 73, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• 8^th Annual Coffin Lecturer Supreme Court Justice Ruth Bader Ginsburg

• Rebekah Smith ’98 Awarded Skadden Fellowship

• Professor Nancy Wanderer Appointed to National Advisory Committee

• 1999 Annual Fund Exceeds Goal

• Alumni Gatherings

A Comparison Of Cognitive Restructuring And Systematic Desensitization Techniques For Anger Reduction With An Inmate Population, Lori Ann Diaz

Dissertations

This was a dismantling study comparing the effectiveness of the Cognitive Restructuring (CR) and the Systematic Desensitization (SD) components of Deffenbacher et al.’s (1987, 1988, 1990, 1992, 1994) treatment of anger. This study utilized an inmate population in a rural county jail. Each group completed a battery of measures (State-Trait Anger Expression Inventory [Spielberger, 1996]; Anger Symptom, and Anger Situation [Hazaleus & Deffenbacher, 1986]) at baseline (5 weeks prior to treatment), pretreatment, and posttreatment. Subjects completed an Anger Log weekly and a Satisfaction measure following treatment. The Structured Clinical Interview for DSM-IV: Patient Questionnaire was completed during the baseline period …

Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid

Cardozo Journal of International and Comparative Law

The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …

Reforming Confession Law British Style: A Decade Of Experience With Adverse Inferences From Silence, Mark Berger

Faculty Works

In response to problems encountered in the administration of justice in Northern Ireland, the British government issued the Criminal Evidence (Northern Ireland) Order 1988 changing the character of how the right to silence and privilege against self-incrimination would apply in criminal justice proceedings occurring within Northern Ireland. In general terms, the Order provided that suspects under interrogation and criminal defendants at trial would be subject to adverse inferences if they failed to answer police questions or refused to testify in court. The Order included some qualifications on when and how adverse inferences would be used, and provided that such use …

The Truth Behind Legal Dominance Feminism's Two Percent False Rape Claim Figure, Edward Greer

Loyola of Los Angeles Law Review

No abstract provided.

A. Leon Higginbotham Jr.: Who Will Carry The Baton, F. Michael Higginbotham, Jose Felipe Anderson

Loyola of Los Angeles Law Review

No abstract provided.

Death By Intimacy: Risk Factors For Domestic Violence, Janet A. Johnson, Victoria L. Lutz, Neil Websdale

Pace Law Review

No abstract provided.

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

University of Michigan Journal of Law Reform

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …

Avoiding The Appearance Of Judicial Bias: Allowing A Federal Criminal Defendant To Appeal The Denial Of A Recusal Motion Even After Entering An Unconditional Guilty Plea, Nancy B. Pridgen

Vanderbilt Law Review

One of the most fundamental social interests is that law shall be uniform and impartial. There must be nothing in its action that savors of prejudice or favor or even arbitrary whim or fitfulness. A suspect is charged with a federal crime, obtains legal counsel, and finds out who his judge will be. Because of a prominent rumor circulating in the community that the defendant once had an affair with the judge's wife, the defendant questions the judge's ability to be fair with him. He and his counsel file a timely motion for recusal under 28 U.S.C. § 455(a).' The …

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.

Threading Between The Religion Clauses, Ira C. Lupu

Law and Contemporary Problems

A careful review of the overall record suggests that Pres Clinton's Administration has been more solicitous of the First Amendment's Religious Clauses as a whole than can normally be expected of elected national officials and their appointees.

Foreword: Small World, Herbert L. Bernstein

Duke Journal of Comparative & International Law

No abstract provided.

The Law And Politics Of The Pinochet Case, Michael Byers

Duke Journal of Comparative & International Law

No abstract provided.

Unlv Magazine, Barbara Cloud, Laurie Fruth

UNLV Magazine

No abstract provided.

Foreword: Is Justice Just Us?, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, including the act requirement for attempt, omission liability, accomplice liability, the felony-murder role, and the intoxication and insanity defenses. In virtually every study, the authors found that the subjects disagreed with the Model Penal Code's position, the common law's position, or both. The authors contend that results of surveys such as theirs should play a significant role in designing criminal doctrine, both because …

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

Vanderbilt Law School Faculty Publications

This Article has argued 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 …

Multivariate Analysis Of Risk Factors Associated With Genital Ulcer Disease Among Incarcerated Males In Sindh, S Akhtar, S P. Luby, M H. Rahbar

Community Health Sciences

Objective: To evaluate the potential risk behaviors associated with the lifetime risk of self reported genital ulcer disease (GUD) among prison inmates.SETTING: Prison inmates from 14 prisons of Sindh Province.Methods: A cross-sectional study was conducted on 3395 prison inmates during July to December, 1994. A questionnaire was used to assess the lifetime risk of self-reported GUD (whether or not the subject was ever affected with GUD up to present age) and to investigate demographic markers and risk behaviors for their possible association with lifetime risk of GUD using logistic regression analysis.Results: The reported lifetime risk of GUD in the study …

A Life Well Lived: Remembrances Of Judge A. Leon Higginbotham Jr.—His Days, His Jurisprudence, And His Legacy, Colleen L. Adams, Rubin M. Sinins, Linda Y. Yueh

Loyola of Los Angeles Law Review

No abstract provided.

A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.

On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never have imagined at …

Unf Journal Spring 2000, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

The Multi-Cultural Center Of Sioux Falls, South Dakota: Providing Opportunities For All People To Learn, Celebrate, And Share Through Cultural Experiences, Dedra R. Tennis, John Burton, Barbara Forinash

Journal of Extension

Sioux Falls, South Dakota, has experienced a major population growth of immigrant and refugee families. New arrivals must meet the everyday challenges of daily survival in a culture for which they are not prepared. A task force was established in 1995, and out of this grew the concept of a Multi-Cultural Center. As part of the National Children, Youth and Families At Risk (CYFAR) Initiative, which was funded by USDA CSREES, the South Dakota State University Cooperative Extension Service (SDSU CES) partnered with the Multi-Cultural Center to address various cultural hurdles. This partnership has led to the successful implementation of …

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

Vanderbilt Law Review

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 …

Kicking At The Closet Door: The Opinions, Attitudes, And Experiences Of Military Homosexuals, Rodney Lee Parks

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate the opinions, attitudes, and experiences of active-duty homosexual/bisexual military servicemembers. Very little research currently exists on this topic because the sample population remains hidden among the ranks of their heterosexual counterparts for fear of discrimination, harassment, and physical violence. Using a snowball sampling technique, survey analysis was conducted to analyze the relationship among homosexual/bisexual military servicemembers and assess their experiences. Most homosexual men and women serve effectively in the military and are proud of their military performance. Although many homosexuals join the military to suppress their desires, the majority (70%) felt that …

Behavioral Couples Therapy For Female Substance-Abusing Patients: Effects On Relationship Adjustment And Drug-Using Behavior, Jamie J. Winters

Psychology Theses & Dissertations

The effectiveness of Behavioral Couples Therapy (BCT) in the treatment of substance-abusing males has been demonstrated (Fals-Stewart, Birchler, 8 O'Farrell, 1996). However, research on the effectiveness of BCT in substance-abusing females has remained unexamined. It was hypothesized that BCT would improve posttreatment results of substance abuse treatment, both in terms of drug use and relationship satisfaction.

Married or cohabitating female substance-abusing patients (N=60) who were entering an outpatient treatment program were randomly assigned to one of two equally intensive treatment conditions. One treatment package (IBT) consisted of individual based therapy only; the other (BCT) consisted of individual based therapy and …