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Practitioners' News - Spring 2001, Volume 28, Number 3, Nova Southeastern University

Practitioners' News

No abstract provided.

Peterson And Rasmussen: State And Local Politics Study Guide, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.

From Checks To Cash: The Regulation Of The Payday Lending Industry, Scott Andrew Schaaf

North Carolina Banking Institute

No abstract provided.

Etsu Today - Spring 2001, University Marketing And Communication, East Tennessee State University

ETSU Today [magazine]

With each issue of ETSU TODAY, it is my pleasure to share with you thoughts about this university, a place we hold with such great pride. The university has served generations of students well, with faculty who have prepared them for bright futures and many opportunities that life brings. ETSU has launched many great personal triumphs and revels in the successes of all our university family. Just a few years ago, I asked leaders of our ETSU Foundation to consider undertaking a fund-raising campaign. This campaign, our first ever, would be necessary to reach beyond our usual support, to encourage …

The Transformation Of The Romanian Criminal Justice System, Stephen R. Bowers

Faculty Publications and Presentations

In 1989, Romanian freedom fighters liberated the nation from the yoke of an oppressive dictatorship. As a former communist state, Romania is charting a new course to expanding democracy and a market economy in Eastern Europe. This paper examines the current Romanian criminal justice system in the context of history, geography and government through an examination of the functions and legal framework controlling the three sub-systems (law enforcement, adjudication and corrections) and how youthful offenders are treated. The study finds a need to adopt more fully a systems perspective.

No Fetish For Privacy, Fairness, Or Justice: Why William Rehnquist, Not Ken Starr, Was Responsible For William Jefferson Clinton’S Impeachment, Alfredo Garcia

Cornell Journal of Law and Public Policy

No abstract provided.

Strange Bedfellows: Politics, Courts, And Statistics: Statistical Expert Testimony In Voting Rights Cases, Wendy K. Tam Cho, Albert H. Yoon

Cornell Journal of Law and Public Policy

No abstract provided.

The Constitutionality Of Dna Sampling On Arrest, D. H. Kaye

Cornell Journal of Law and Public Policy

No abstract provided.

Intent And Recklessness In Tort: The Practical Craft Of Restating Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson

William & Mary Bill of Rights Journal

In the past couple of decades, the use of DNA testing has become a major debate in criminal law. Many Americans have called for regular use of DNA testing in criminal cases, particularly in the aftermath of the O.J. Simpson murder trial. While these tests can potentially help better ensure justice conducting DNA tests raises fundamental personal privacy concerns. This Note analyzes the development of DNA testing throughout the United States, giving a historical account of how the courts and local police departments have dealt with this testing Finally, the Note argues that the government's interest in mandatory testing of …

The Moral Dilemmas About Trying Pinochet In Spain, Jaime Malamud Goti

University of Miami Inter-American Law Review

No abstract provided.

Perceived Drinking Norms, Attention To Social Comparison Information, And Alcohol Use Among College Students, Katherine B. Novak, Lizabeth A. Crawford

Scholarship and Professional Work - LAS

Numerous studies indicate that normative campus drinking practices are important in determining college undergraduates’ use and abuse of alcohol. The purpose of this paper was to extend this literature by assessing the extent to which a dispositional susceptibility to peer influence, measured using the Attention to Social Comparison Information subscale (Lennox & Wolfe, 1984), moderates this relationships. Consistent with prior research, the perception that alcohol use and abuse are common campus activities was associated with high levels of drinking across students. Attention to social comparison information also had a direct positive effect on alcohol consumption among the undergraduates surveyed. Moreover, …

Criminal Procedure - Civil Forfeiture And Double Jeopardy: State V. Nunez, Laurel A. Carrier

New Mexico Law Review

No abstract provided.

Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine

New Mexico Law Review

No abstract provided.

The Academic Workplace (Spring/Summer 2001): The Promise Of A Scholarship Of Engagement, New England Resource Center For Higher Education At The University Of Massachusetts Boston, Deborah Hirsch, Richard A. Couto, David Entin

The Academic Workplace

No abstract provided.

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

All Faculty Scholarship

Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of …

Shedding Some Light On Calls For Hearsay Reform: Civil Law Hearsay Rules In Historical And Modern Perspective, Jeremy A. Blumenthal

Pace International Law Review

No abstract provided.

Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler

Campbell Law Review

Are thousands of North Carolinians violating federal criminal law every day without knowing it even though such violations may subject them to imprisonment for up to ten years and a fine of up to $250,000? Ignorance of the law is generally held not to excuse criminal conduct, but can such ignorance ever be so reasonable and predictable as to constitute a legitimate excuse? Are some laws so obscure, technical, counter-intuitive, or hard to discover that ignorance of the law will be a defense?

Hazing In High Schools: Ending The Hidden Tradition Chalk Talk, Melissa Dixon

The Journal of Law and Education

No abstract provided.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

• Miranda in light of Dickerson
• The Americans with Disabilities Act goes under the microscope
• British Minister of State: Law lags behind Internet Age commerce

Juries: Investments In Democracy, Richard O. Lempert

Law Quadrangle (formerly Law Quad Notes)

The following essay is based on a talk delivered last summer at an international conference on lay participation in criminal justice decision making organized by the Federation of Japanese Bar Associations, which held sessions in Tokyo, Osaka, and Kyoto. This talk was given in Tokyo. Speakers were from Argentina, Brazil, Denmark, France, Germany, Ireland, Japan, Russia, Spain, and the United States.

Shrinking Domain Of Individious Intent, K.G. Jan Pillai

William & Mary Bill of Rights Journal

The landmark case of Washington v. Davis made invidious intent the touchstone of violation of the Equal Protection Clause. In this Article, Professor K G. Jan Pillai discusses the current state of the doctrine of invidious intent and its evolving role in Supreme Court jurisprudence. In the area of criminal law enforcement, strict application of the doctrine often produces harsh results. Among the existing three-tiered scrutiny standards, the doctrine appears out of place. In recent racial gerrymandering cases, the Supreme Court substantively modified the meaning of the doctrine. Despite the apparent instability of the doctrine, Professor Pillai concludes the solution …

Treading The Thin Blue Line: Military Special-Operations Trained Police Swat Teams And The Constitution, Karan R. Singh

William & Mary Bill of Rights Journal

The increasing use of SWAT teams and paramilitary force by local law enforcement has been the focus of a growing concern regarding the heavy-handed exercise of police power. Critics question the constitutionality of joint-training between the military and civilian police, as well as the Fourth Amendment considerations raised by SWAT tactics. This Note examines the history, mission, and continuing need for police SWAT teams, addressing the constitutional issues raised concerning training and tactics. It explains how SWAT joint-training with the military is authorized by federal law and concludes that SWAT tactics are constitutionally acceptable in a majority of situations. Though …

Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler

Court Review: Journal of the American Judges Association

Problem-solving courts—such as drug treatment courts, mental health courts, and domestic violence courts—may be the most obvious examples of “therapeutic jurisprudence in action,” but it is crucial to recognize the potential application of therapeutic jurisprudence generally—in civil cases, appellate cases, family law cases, and, of course, in criminal and juvenile cases. The importance of the therapeutic jurisprudence perspective beyond the specialized problem-solving court context was underscored by a “vision statement” recently agreed to by the District Court for Clark County, Washington.

Notre Dame Lawyer - Spring 2001, Notre Dame Law School

Notre Dame Lawyer

International Impact

From Comity to Complexity: American Law Adapts to the Global Community
Student Service
Student Scholarship

Jimmy Gurule Nominated to Bush Administration

Professor Rice Announces Retirement

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

The Article begins with an examination of three primarily empirical questions. First, is the trend real? In other words, is the apparent decrease in federal drug sentences merely a species of statistical hiccup, a random fluctuation that could move easily and rapidly in the other direction? Or is the decline in average drug sentences large enough, and the trend prolonged enough, that we can safely conclude that something meaningful is occurring?

In Brief, Spring/Summer 2001, New York Law School

New York Law School In Brief

No abstract provided.

Focus, Larry Burke (Editor)

FOCUS on Boise State

Nourished by its urban setting, Boise State University is branching out in new directions as one of a growing number of institutions dubbed "metropolitan universities." In this issue of FOCUS, we explore how Boise States ties to the capital city influence both campus and community life, what unique challenges and opportunities a metropolitan university such as ours confronts, and why a diverse population of students chooses to enroll here. Cover illustration by Bill Carman.

Ethical Conflicts In Legal Practice: Creating Professional Responsibility, Christopher J. Whelan

South Carolina Law Review

No abstract provided.

Orange & White - Spring 2001, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Orange & White Magazine

No abstract provided.