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2001

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Contents Nov 2001

Contents

Louisiana Law Review

No abstract provided.


Dedication Of Louisiana Law Review, Volume 62, Issue 1, To Professor Lee Hargrave, Katherine Shaw Spaht Nov 2001

Dedication Of Louisiana Law Review, Volume 62, Issue 1, To Professor Lee Hargrave, Katherine Shaw Spaht

Louisiana Law Review

No abstract provided.


The State Of State Consitutions, G. Alan Tarr Nov 2001

The State Of State Consitutions, G. Alan Tarr

Louisiana Law Review

No abstract provided.


Challenges Facing State Constitutions In The Twenty-First Century, Ann Lousin Nov 2001

Challenges Facing State Constitutions In The Twenty-First Century, Ann Lousin

Louisiana Law Review

No abstract provided.


Executive Clemency, First-Offender Pardons; Automatic Restoration Of Rights, Helen Ginger Berrigan Nov 2001

Executive Clemency, First-Offender Pardons; Automatic Restoration Of Rights, Helen Ginger Berrigan

Louisiana Law Review

No abstract provided.


Judicial Power And The Administrative State, James L. Dennis Nov 2001

Judicial Power And The Administrative State, James L. Dennis

Louisiana Law Review

No abstract provided.


Louisiana Constitution, Article Vii: Significant Developments, David Conroy Nov 2001

Louisiana Constitution, Article Vii: Significant Developments, David Conroy

Louisiana Law Review

No abstract provided.


The Education Article Of The Louisiana Constitution, Jackie Ducote Nov 2001

The Education Article Of The Louisiana Constitution, Jackie Ducote

Louisiana Law Review

No abstract provided.


Local Government Autonomy, Michael E. Libonati Nov 2001

Local Government Autonomy, Michael E. Libonati

Louisiana Law Review

No abstract provided.


Administrative Practice Under The 1974 Constitution: A "Silver Anniversary" Review, David A. Marcello Nov 2001

Administrative Practice Under The 1974 Constitution: A "Silver Anniversary" Review, David A. Marcello

Louisiana Law Review

No abstract provided.


Akzo Nobel Coatings, Inc. V. Aigner Corp.: The Settlement Credit Issue Answered For Cercla Litigation?, Amy Lewis Champagne Nov 2001

Akzo Nobel Coatings, Inc. V. Aigner Corp.: The Settlement Credit Issue Answered For Cercla Litigation?, Amy Lewis Champagne

Louisiana Law Review

No abstract provided.


The Jaws That Bite, The Claws That Snatch, Joseph K. Scott Nov 2001

The Jaws That Bite, The Claws That Snatch, Joseph K. Scott

Louisiana Law Review

No abstract provided.


Alden V. Maine: Protecting The States At The Expense Of The People, Sarah Louise House Nov 2001

Alden V. Maine: Protecting The States At The Expense Of The People, Sarah Louise House

Louisiana Law Review

No abstract provided.


God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder Nov 2001

God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder

Northern Illinois University Law Review

This comment examines the evolving construction, modifications and improvements made to the "wall of separation between church and state." Initially, the comment presents an analysis of the unifying religious themes of individual responsibilities, which underlie our rights, as a reason why religion is important, even in schools. The author then reviews the historical origins and early development of the Establishment and Free Exercise Clauses, and examines modem Establishment Clause jurisprudence. The comment then examines the Cleveland, Ohio elementary school voucher program, applying current Establishment Clause jurisprudence. The conclusion then recommends embracing anew the dynamic role of religion in United States …


Is There No Simple Battery Under Illinois Law?, Azhar J. Minhas Nov 2001

Is There No Simple Battery Under Illinois Law?, Azhar J. Minhas

Northern Illinois University Law Review

This piece argues that judicial interpretation of 720 ILCS 5/12-4(b)(8) (1997) of the Illinois Criminal Code, the statute which enhances simple battery to aggravated battery, has opened the door for the abuse of prosecutorial discretion in applying the statute and has led the courts away from its true legislative intent. Specifically, the application of the statute has been overbroad and courts' interpretations of the legislative intent have been far-reaching. Through statutory analysis and the consideration of case law, the author explores the judicial expansion of section (b)(8) and argues for words of limitation in the statute that will help to …


Should The Government Be Allowed To Engage In Racial, Sexual, Or Other Acts Of Discrimination?, Walter E. Block, Roy Whitehead Nov 2001

Should The Government Be Allowed To Engage In Racial, Sexual, Or Other Acts Of Discrimination?, Walter E. Block, Roy Whitehead

Northern Illinois University Law Review

Arkansas law provides scholarship funds to students who meet specified academic criteria. This article examines the constitutional implications of making direct monetary payments to non-secular schools. It analyzes this practice in light of the Establishment Clause, and claims disparate impact discrimination under current administration of the scholarship program. The merits of a private cause of action under §1983 are addressed. The article concludes with the Libertarian perspective of the issues raised.


Vol. 22, No. 1, Fall 2001: Table Of Contents, Northern Illinois University Law Review Nov 2001

Vol. 22, No. 1, Fall 2001: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.


Chinese Information Warfare: A Phantom Menace Or Emerging Threat?, Toshi Yoshihara Mr. Nov 2001

Chinese Information Warfare: A Phantom Menace Or Emerging Threat?, Toshi Yoshihara Mr.

Books, Monographs & Collaborative Studies

The author explores what he perceives to be China s pursuit of information warfare (IW) as a method of fighting asymmetric warfare against the United States. He believes the Chinese are seeking ways to adapt IW to their own style of warfare. Paradoxically, he observes that the Chinese have not gleaned their intelligence through espionage, but through careful scrutiny of U.S. IW in practice. The author examines those aspects of IW--PSYOPS, Denial, and Deception--that China believes provides the greatest prospects for victory in a conflict. Not surprisingly, Sun Tzu is interwoven into this emerging theory. Targeting the enemy s nervous …


A Dictionary Of Early Christian Beliefs: A Reference Guide To More Than 700 Topics Discussed By The Early Church Fathers, Andrei S. P. Brennan Nov 2001

A Dictionary Of Early Christian Beliefs: A Reference Guide To More Than 700 Topics Discussed By The Early Church Fathers, Andrei S. P. Brennan

Consensus

No abstract provided.


Adjustment Personality Trait And The Process Of Grieving Among Parents Who Have Had Children Die Of Sids, Agnes Melissa Ibanez Nov 2001

Adjustment Personality Trait And The Process Of Grieving Among Parents Who Have Had Children Die Of Sids, Agnes Melissa Ibanez

Student Work

The research examines emotional adjustment personality trait as related to intensity of grief experienced by parents who have had a child die of SIDS (Sudden Infant Death Syndrome). The NEO-Five Factor Inventory (NEO-FFI) neuroticism scale measured emotional adjustment trait, and Perinatal Grief Scale (PGS) measured grief intensity. Thirty-three participants from 18 states were recruited via SIDS Alliance and SIDS Network websites. Results supported the hypothesis that there is a direct significant correlation between emotional adjustment and grief experiences. Other results showed that grief intensity was inversely correlated with years since child’s death, conscientiousness, and extraversion. Conscientiousness was found to directly …


Hastings Law News 2001 Vol.3 Iss.3, Uc Hastings College Of The Law Nov 2001

Hastings Law News 2001 Vol.3 Iss.3, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.


Killing, Letting Die, And The Alleged Necessity Of Military Intervention, Laurie Calhoun Nov 2001

Killing, Letting Die, And The Alleged Necessity Of Military Intervention, Laurie Calhoun

Peace and Conflict Studies

Recent international developments have introduced the possibility of war waged on behalf of people unable to defend themselves, and when the attacking parties’ interests appear not to be at stake. Are purely military forms of “humanitarian intervention” sometimes morally required? Can such military missions be reconciled with the widely held belief in the moral distinction between killing and letting die? In exploring these questions, the two dominant paradigms in writing about war are considered: just war theory and utilitarianism. The moral centrality of intentions emerges through an explanation of the distinction often made between natural and man-made catastrophe. Ultimately, the …


Volume 8, Number 2 (November 2001), Peace And Conflict Studies Nov 2001

Volume 8, Number 2 (November 2001), Peace And Conflict Studies

Peace and Conflict Studies

No abstract provided.


Some Norms For The Financial Administration Of The Provinces Of The Congregation Of The Mission, Robert P. Maloney C.M. Nov 2001

Some Norms For The Financial Administration Of The Provinces Of The Congregation Of The Mission, Robert P. Maloney C.M.

Vincentiana

No abstract provided.


St. Vincent And The Bishops, Bernard Koch C.M. Nov 2001

St. Vincent And The Bishops, Bernard Koch C.M.

Vincentiana

No abstract provided.


25 Years Of The Present General Curia House (1976-2001), Giuseppe Guerra C.M. Nov 2001

25 Years Of The Present General Curia House (1976-2001), Giuseppe Guerra C.M.

Vincentiana

No abstract provided.


Bibliographie Vincentienne Nov 2001

Bibliographie Vincentienne

Vincentiana

No abstract provided.


An Arrow To The Heart: The Love And Death Of Postmodern Legal Scholarship, Stephen M. Feldman Nov 2001

An Arrow To The Heart: The Love And Death Of Postmodern Legal Scholarship, Stephen M. Feldman

Vanderbilt Law Review

Modernist legal writers, including Dennis Arrow in his well-known Pomobabble article, commonly criticize postmodern legal scholars for being muddle-headed nihilistic thinkers who write indecipherable jargon-filled nonsense and lack political convictions. Professor Feldman responds to these and other related criticisms and, in doing so, explains some key components of postmodernism. For instance, he describes how the pervasiveness of postmodern culture infuses legal scholarship with certain postmodern themes. Ironically, then, even the most vehement critics, like Arrow, display a surprising if unwitting affinity for postmodernism. Finally, in order to deflect precipitate denunciations of postmodernism, Professor Feldman suggests a refinement of terms, dividing …


Are Shaming Punishments Beautifully Retributive? Retributivism And The Implications For The Alternative Sanctions Debate, Dan Markel Nov 2001

Are Shaming Punishments Beautifully Retributive? Retributivism And The Implications For The Alternative Sanctions Debate, Dan Markel

Vanderbilt Law Review

In the last few years, scholars and policymakers in the area of criminal justice have focused an increasing amount of attention on two topics. The first is the retributivist theory of punishment ("retributivism");' the second is the development of alternative sanctions to the orthodoxy of incarcerating criminals in publicly managed prisons. This Article is about what connections may properly be drawn between what justifies punishment and how we actually go about punishing offenders.

A preliminary word on retributivism may be helpful. Retributivism is a theory about retribution, and retribution's features, or its definition, may be understood in either a weak …


The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah A. Reule Nov 2001

The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah A. Reule

Vanderbilt Law Review

Over seventy-five years after the impassioned debate be- tween William Jennings Bryan and Clarence Darrow echoed through a hot Tennessee courtroom, the controversial confrontation over science, religion, law, and education can still be heard in legislative halls, courtrooms, schools, and homes across the nation. The now infamous "Scopes Monkey Trial" of 19253 brought the debate between religious fundamentalism and modern day scientific theory to the forefront and sparked twenty state legislatures to consider measures to prohibit the teaching of evolution in public schools. Nearly a century later, the dispute rages on. Twenty states considered anti-evolution measures in both the 1920s …