Digital Commons Network^™

Shooting An Elephant - Massachusetts Maintains Reasonable Suspicion: Protecting Individual Privacy During Traffic Stops And Battling Racial Profiling, Colin M. Black

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Midsummer Night's Dream For Middle School, Diana Nash

Theses

William Shakespeare wrote plays for the masses -- the aristocrats as well as the common people. While his dramas, tragedies, and comedies were controversial, sometimes bawdy, and always physical, in the twentieth century, secondary school educators have come to think of Shakespeare's plays as literature for academic study. Middle schools rarely cover any Shakespearean plays in the classroom. Students traditionally start to study Shakespearean scripts in high school. In high school, freshman usually read Romeo and Juliet; sophomores read Julius Caesar, Macbeth, or Hamlet. Most secondary curriculums do not include a Shakespearean comedy.

While it is true that occasionally a …

Multifractal Products Of Cylindrical Pulses, Julien Barral, Benoit Mandelbrot

Cowles Foundation Discussion Papers

A new class of random multiplicative and statistically self-similar measures is defned on IR. It is the limit of measure-valued martingales constructed by multiplying random functions attached to the points of a statistically self-similar Poisson point process in a strip of the plane. Several fundamental problems are solved, including the non-degeneracy and the distribution of the limit measure, mu; the finiteness of the (positive and negative) moments of the total mass of mu restricted to bounded intervals. Compared to the familiar canonical multifractals generated by multiplicative cascades, the new measures and their multifractal analysis exhibit strikingly novel features which are …

High Income/High Asset Divorce: An Annotated Bibliography, Mary Kay Kisthardt, Nancy Levit

Faculty Works

This bibliography covers articles published after 1995 and A.L.R.s that have supplements published after 1995. In the interest of brevity, A.L.R. collections (the titles of which are usually self-explanatory) and articles concerning individual cases or single state’s statutes are cited but not annotated.

Just Between Us - Aba Considers New Ethical Rules, Irma S. Russell

Faculty Works

This article briefly describes one of the proposed rule revisions (Model Rule 1.6) to the Model Rules of Professional Conduct that will be presented to the ABA House of Delegates in July 2001 by the Ethics 2000 Commission.

The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Concert Recording 2001-01-23, Brent Miller, Henry Runkles

Concert Recordings & Programs

Concerto / Alexander Glazounov -- Particles / Armand Russell -- Aria / Eugene Bozza -- Sonatina / Lex Van Delden

That's Life, Shelley L. Geiger

Theses

No abstract provided.

Some Philosophical, Political And Legal Implications Of American Archeological And Anthropological Theory, John W. Ragsdale Jr

Faculty Works

Archaeological and anthropological theories about the origins and practices of ancient peoples, and about events and histories, distant in time, but blending into the present, have had impacts that transcend the tenets and borders of the sciences as discrete disciplines. Our suppositions about the factual past can influence our present beliefs - not only our understandings and conclusions about the tangible and practical - but our feelings and faiths about the intangible and the spiritual as well. Our values, principles, world views, and cosmologies may thus be shaped by our scientific backdrop. Beyond this, our social activity, our national policy, …

It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak

Cleveland State Law Review

Part I will focus on the death penalty in the civilian sector of the United States. It begins with a brief history of and an introduction to death penalty laws in the United States. A critical examination of the primary arguments used to justify the death penalty follows. Part I next offers a brief overview of other independent reasons for the abolition of the death penalty. After having concluded that the application of the death penalty is unfair in the civilian sector and should thus be abolished, the article will then shift its focus to the death penalty in the …

Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson

Cleveland State Law Review

This paper provides a framework for understanding the current controversy regarding jurisdiction over the power grid, and provides policy-oriented solutions to ensure an adequate, low-cost transmission supply. The main thesis of this paper is that sound transmission policy requires greater federal power, and that Congress is better equipped than the courts to enact such policy. To this end, Part I of the paper offers an historical outline of the problem and analyzes the statutes and regulations that form the backbone of both the federal and state jurisdictional claims. Part II looks at legal considerations regarding the scope of federal jurisdiction. …

Table Of Contents - Issue 1 , Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda Morton, Floralynn Einesman

Cleveland State Law Review

The use of mediation techniques to resolve conflicts among American youth has grown in popularity over the past two decades; Conflict resolution programs have blossomed in school systems, but there has been a dearth of mediation programs for one of our most violent youth groups: incarcerated juveniles. In this article, we describe and analyze the effects and the potential success of our program through the data we have collected. Our article will first describe the objectives and content of our mediation program in Juvenile Hall in San Diego. Relying on sociological and psychological theory in our second section, we will …

Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk

Cleveland State Law Review

The three Sheppard cases, spread over almost half a century, serve as a point of departure to explore how the multiple forces of law, science, and the media have interacted in criminal trials and in later challenges to the reliability of those trials. The Sheppard cases have resulted in five enduring legacies. Perhaps the most obvious legacy of the Sheppard cases is the new law the case made when it was heard by the United States Supreme Court on a federal habeas corpus appeal. In Sheppard v. Maxwell, the Court created a new legal standard regarding the effects of pretrial …

Witness To History: The Role Of Legal Commentators In High Profile Trials - Opening Remarks, Laurie L. Levenson

Cleveland State Law Review

As legal commentators, our role is, first and foremost, to educate the public and the media. The next thing that a commentator can do is, of course, provide some type of expertise. An experienced lawyer or legal commentator should know enough to say, if given the opportunity, that a certain fact will not necessarily make a difference in the case because the jurors will not hear it or because it is unrelated to the legal issues in the case. Another thing legal commentators can do is address problems in the presentation of what the law and the legal process is. …

Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma

Cleveland State Law Review

Why is it important to televise coverage in trials? The basic answer is that our judicial system needs to be as open as possible. There is a reason we do not hold trials in private and a reason we open the courtroom doors and invite in the world. The reason is that justice shines brightest in the sunshine. In today's busy world only a few people can actually attend court proceedings. With so many people relying on television as their primary resource of information, televised coverage of trials exposes greater numbers o f citizens to our justice system. A camera …

Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence M. Solan

Cleveland State Law Review

Indeed, it is difficult to prove one's innocence, and the legal system purports not to require defendants in criminal cases to do so. The shift in the burden of proof happened for a number of reasons. In this article, I will discuss another factor that I believe pervades the criminal justice system: jury instructions that shift the burden from the government to the defendant. Part II of this article establishes three criteria for good criminal jury instructions. They are fidelity to the law, comprehensibility, and consistency with the presumption of innocence. It then discusses the presumption of innocence, burden of …

A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson

Cleveland State Law Review

My own vantage point is that of a trial judge, and for me, revisiting the Sheppard case is a chance to ruminate on the relationship between judges and the media and how judges deal with high profile cases. I will consider that subject, and then meander a little farther along and share a few thoughts about what I call hermetically sealed justice - our modem insistence that judges say nothing and juries know nothing. Finally, I will have a few words to say about DNA evidence and the "reliable verdict" ideal that appears to be one of the propositions to …

Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli

Cleveland State Law Review

My panel is discussing reliable jury verdicts, and my topic is "scientific" evidence. One way to approach this issue is to compare scientific evidence with other methods of proof. The trial lawyers that I worked with viewed cases as falling primarily into one of three categories: eyewitness cases, confession cases, and "scientific" evidence cases. In this scheme, anything that was not an eyewitness, confession, or snitch case was a "scientific evidence" case. These categories, of course, are neither exhaustive nor mutually exclusive; often two and sometimes all three are involved. Nevertheless, these categories are helpful because they present trial attorneys …

Quest For Fairness In Compensating Victims Of September 11, The, Robert L. Rabin

Cleveland State Law Review

Aside from natural disasters, when tragedy strikes - taking its toll in fatalities and serious injuries - we ordinarily look to the tort system for redress. Tort is not the exclusive form of redress, of course, in this era of private insurance and government disability programs. But still, it remains our most highly visible mechanism for assigning responsibility and providing compensation. In this Article, I will begin by describing the approach to compensation taken in the Victim Compensation Fund. I will then discuss the implementing regulations promulgated by the Special Master appointed under the Fund. Next, I will offer a …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

United States Supreme Court: 2001 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non- party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States …

Female Genital Tuberculosis Revisted, R N. Qureshi, S Samad, R Hamid, S F. Lakha

Department of Obstetrics & Gynaecology

Objective: To assess the clinical presentation of genital tuberculosis and to study various modes of diagnosis and treatment.SETTING: The Aga Khan University Hospital (AKUH), Karachi.
Method: A retrospective case review of all index female cases of genital tuberculosis, admitted to AKUH over twelve years of period.
Result: A total of 40 cases of genital tuberculosis were reported during this time period. Majority of cases were between 25-45 years. The commonest presenting symptoms were infertility (42.5%) and abdominal pain (42%). Others included fever, ascites, irregular vaginal bleeding, oligomenorrhea, chest pain and pain in the flanks. Main mode of treatment was antituberculous …

Sacred Heart Church: Supporting Materials For The Archdiocese Housing Office Development Application, Trina Buitron, David Gill, Tess Jordan, Eric King, Rand Smith

Master of Urban and Regional Planning Workshop Projects

The Sacred Heart Parish has contracted with the Portland State University School of Urban and Regional Planning Graduate Workshop to evaluate potential for development of a market-rate senior housing project on the parish's property. The purpose of this analysis is to provide supporting documentat~on to Sacred Heart's development application submitted to the Archdiocese Housing Office in February 2001.

The identified work products completed for the parish include: • A summation and documentation of the church's visioning process; • A comprehensive market study evaluating local demand and supply; and • A feasibility study including a financial pro forma.

The document's primary …

Coping Styles Of African American Women Who Have Or Have Not Experienced Physical Abuse, Pamela L. Huntspon

Theses

The purpose of the study was to explore the coping styles of African American women and determine if different coping styles exist between those women who have experienced abuse versus those who have not. In this study, 60 African American women living in St. Louis, Missouri were obtained using a convenience volunteer sample from several sites which included a unisex hair salon, a center for women experiencing physical and sexual abuse and two community agencies serving the needs of low income families. They were administered the Coping Responses Inventory (Actual Form) and a demographic questionnaire.

Results of independent sample t-test …

Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib

Faculty Scholarship

Proposals for practical institutional reforms are notoriously absent from discussions about deliberative democracy. It is imperative to engage in the “nuts and bolts” debate of just what kinds of changes we discourse theorists or deliberative democrats want to effect. Here I would like to try to synthesize a reform proposal of my own based upon three major assumptions. Without argument, I assume a largely discourse-theoretic view of democracy that takes for granted the republican virtue of collective self-government as well as the Kantian claim that each citizen should be the author of his own laws. I further assume that our …

Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell

Faculty Scholarship

Discussions about the allocation of authority between federal and subfederal systems in the implementation of international human rights law typically proceed by staking out one of two initial positions. At one end of the spectrum, a traditional constitutional theory takes a restrictive view of state and local authority, envisioning hierarchical imposition of federally implemented international law norms through the federal treaty power and determination of customary international law by federal courts. At the other end of the spectrum, a revisionist theory assumes greater fragmentation and authority reserved to the states based on federalism and separation of powers limits on federal …