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2002

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Institution
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Articles 1591 - 1620 of 1682

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Punishment Theory: Moral Or Political?, Guyora Binder Jan 2002

Punishment Theory: Moral Or Political?, Guyora Binder

Journal Articles

This article argues that the justification of punishment is best conceived as a problem of political theory rather than moral philosophy. Noting the familiar charge that utilitarianism permits framing the innocent, it argues that retributivism is equally vulnerable to the charge that it permits lynching the guilty. It argues that both critiques unfairly attribute lawlessness and dishonesty to the respective punishment theories. As a result, they mischaracterize both as theories about what individuals should do, rather than what acts legitimate government should authorize. In so doing, they disregard how committed the founders of the respective theories were to the rule …

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Washington State's Return To Indeterminate Sentencing For Sex Offenses: Correcting Past Sentencing Mistakes And Preventing Future Harm, Jennifer M. Mckinney Jan 2002

Washington State's Return To Indeterminate Sentencing For Sex Offenses: Correcting Past Sentencing Mistakes And Preventing Future Harm, Jennifer M. Mckinney

Seattle University Law Review

The Washington legislature's return to indeterminate sentencing corrects its original mistake of setting fixed sentences for sex offenders with no supervision after release. Unlike the present civil commitment system, indeterminate sentencing preventatively detains offenders in the criminal system, protects the public, and ensures more control over offenders following their prison terms. Indeterminate sentencing provides a more efficient and effective alternative to the civil commitment process. Section II will briefly discuss the progression of sex offender sentencing from the original parole system to the present changes, and why past structures were instituted and later modified or repealed. Furthermore, Section II will …

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Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld Jan 2002

Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld

Articles

The article advocates for the establishment of "innocence commissions" to investigate and address wrongful convictions in the U.S. criminal justice system. Drawing parallels to the National Transportation Safety Board (NTSB), which investigates transportation accidents, the authors propose that these commissions would identify systemic defects leading to wrongful convictions and recommend reforms to prevent future miscarriages of justice. They emphasize the need for independence, subpoena power, and public accountability to ensure the commissions' effectiveness.

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Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin Jan 2002

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin

Journal Articles

The article reviews the concept of therapeutic jurisprudence, integrating mental health principles into the juvenile justice system and the sentencing of juveniles. It discusses reasons why mental health and juvenile justice systems have not worked well together in the United States. The author describes current theories of juvenile justice and community health that would allow these systems to work better together, such as Balanced and Restorative Justice and the Child and Adolescent Service System Program. He explains how these theories can be better integrated into the juvenile justice system and argues that the best hope for therapeutic jurisprudence lies in …

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Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson Jan 2002

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Scholarship

No abstract provided.

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Conceptualizing The Field After September 11th: Foreword To A Symposium On Public Health Law, Lawrence O. Gostin Jan 2002

Conceptualizing The Field After September 11th: Foreword To A Symposium On Public Health Law, Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.

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Welcoming Remarks, Lee T. Todd Jr. Jan 2002

Welcoming Remarks, Lee T. Todd Jr.

Kentucky Law Journal

No abstract provided.

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Has The State Gone Too Far? Testing The Constitutionality Of Probation Conditions That Limit A Probationer's Right To Procreate, William R. Betesh Jan 2002

Has The State Gone Too Far? Testing The Constitutionality Of Probation Conditions That Limit A Probationer's Right To Procreate, William R. Betesh

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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Finding A Remedy For Environmental Justice: Using 42 U.S.C. 1983 To Fill In A Title Vi Gap, Joseph Ursic Jan 2002

Finding A Remedy For Environmental Justice: Using 42 U.S.C. 1983 To Fill In A Title Vi Gap, Joseph Ursic

Case Western Reserve Law Review

No abstract provided.

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State And Local Governmental Developments - 2002; Audit Risk Alerts, American Institute Of Certified Public Accountants. Auditing Standards Division Jan 2002

State And Local Governmental Developments - 2002; Audit Risk Alerts, American Institute Of Certified Public Accountants. Auditing Standards Division

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

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Splitting The Atom Of Marshall's Wisdom, Susan Herman Jan 2002

Splitting The Atom Of Marshall's Wisdom, Susan Herman

Faculty Scholarship

No abstract provided.

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New Jersey State Constitution 1947 Jan 2002

New Jersey State Constitution 1947

Seton Hall Constitutional Law Journal

No abstract provided.

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Cpa Eldercare Services - 2002; Assurance Services Alerts, American Institute Of Certified Public Accountants. Assurance Services Team; American Institute Of Certified Public Accountants. Eldercare Services Task Force Jan 2002

Cpa Eldercare Services - 2002; Assurance Services Alerts, American Institute Of Certified Public Accountants. Assurance Services Team; American Institute Of Certified Public Accountants. Eldercare Services Task Force

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

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Book Review, Steven D. Smith Jan 2002

Book Review, Steven D. Smith

Vanderbilt Journal of Transnational Law

Surely none of the following essays addresses or explores these claims and questions in any deliberate way. Nonetheless, in these opening pages, it seems that Ahdar is seeking to re-engage the questions that characterized the Western tradition from which our modern issues in law and religion descend, but which that tradition in its modern form has by now largely suppressed. The implication, it seems, is that in order to address the issues of the interaction of law and religion in an efficacious way, we must not only acknowledge that religion is a social phenomenon--although it is that, as Professor van …

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Strafford County 2001 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2001., Stafford County Representatives Jan 2002

Strafford County 2001 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2001., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

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Ukrainian National Space Law From An International Perspective, Frans G. Von Der Dunk, Sergei A. Negoda Jan 2002

Ukrainian National Space Law From An International Perspective, Frans G. Von Der Dunk, Sergei A. Negoda

Space, Cyber, and Telecommunications Law Program: Faculty Publications

As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonizing its legislation with that of its international political and economic partners and of creating clear guidelines for investors.This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the …

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Band Selection And Algorithm Development For Remote Sensing Of Wildfires, Andrew Fordham Jan 2002

Band Selection And Algorithm Development For Remote Sensing Of Wildfires, Andrew Fordham

Theses

The environmental damage and global change caused by wildfires are fast becoming issues of local, regional and global concern. Remote sensing techniques are an ideal tool to use for monitoring these threats. Unfortunately, most existing satellites were built for other purposes and are less than ideal for the problems associated with detecting, assessing and monitoring fires. This thesis examines the phenomenology of fires and rank orders several non-traditional detection strategies that have the promise of being more cost effective and less susceptible to false alarms than existing satellite systems and algorithms. The possibility of detecting fires with multi-band "color" measurements …

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The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar Jan 2002

The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar

Articles

After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2

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Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg Jan 2002

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

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Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos Jan 2002

Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos

Cardozo Journal of Equal Rights & Social Justice

The note argues that zero-tolerance eviction policies in public housing, authorized under federal law, unjustly penalize domestic violence victims by evicting them for crimes committed by others, including their abusers. These policies, upheld by the Supreme Court in Rucker, disproportionately harm low-income women, pushing them into homelessness and perpetuating cycles of abuse. The note advocates for a nuanced, case-specific approach to balance public safety and tenant rights, drawing parallels to child custody cases where victims are similarly blamed. It calls for federal reform to protect domestic violence survivors and end their victimization by the legal system.

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Management Prerogatives And Employees' Rights (A General Overview), Emmanuel O. Sales Jan 2002

Management Prerogatives And Employees' Rights (A General Overview), Emmanuel O. Sales

DLSU Business & Economics Review

Management prerogatives and employees' rights appear to be two contradictory and even at first impression, irreconcilable concepts. There is a tug-and-pull between the assertion of a management prerogative and the exercise of an employee's right. In any instance when there is a tug-of-war between prerogative and right, the limits are drawn such that so much would be removed from authority, or that the exercise of a right becomes qualified. This paper will examine the boundaries of management prerogatives in relation to employees' rights. The delineation is determined from jurisprudence, or how the Supreme Court views the dispute between management and …

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"In Pursuit Of Justice" In High Profile Criminal Matters, Judith L. Maute Jan 2002

"In Pursuit Of Justice" In High Profile Criminal Matters, Judith L. Maute

Fordham Law Review

No abstract provided.

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A Dose Of Their Own Medicine: Why The Federal Government Must Ensure Healthy Working Conditions For Medical Residents And How Reform Should Be Accomplished, Dori Page Antonetti Jan 2002

A Dose Of Their Own Medicine: Why The Federal Government Must Ensure Healthy Working Conditions For Medical Residents And How Reform Should Be Accomplished, Dori Page Antonetti

Catholic University Law Review

No abstract provided.

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Shedding Their Rights: The Fourth Amendment And Suspicionless Drug Testing Of Public School Students Participating In Extracurricular Activities, Kimberly Menashe Glassman Jan 2002

Shedding Their Rights: The Fourth Amendment And Suspicionless Drug Testing Of Public School Students Participating In Extracurricular Activities, Kimberly Menashe Glassman

Catholic University Law Review

No abstract provided.

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Is Uganda's "No Party" System Discriminatory Against Women And A Violation Of International Law?, Amy N. Lippincott Jan 2002

Is Uganda's "No Party" System Discriminatory Against Women And A Violation Of International Law?, Amy N. Lippincott

Brooklyn Journal of International Law

No abstract provided.

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Pistol Whipped: Baseless Lawsuits, Foolish Laws, Robert A. Levy Jan 2002

Pistol Whipped: Baseless Lawsuits, Foolish Laws, Robert A. Levy

Journal of Law and Policy

No abstract provided.

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Alternatives To A Constitutional Amendment: How Congress May Provide For The Quick, Temporary Filing Of House Member Seats In Emergencies By Statute, Paul Taylor Jan 2002

Alternatives To A Constitutional Amendment: How Congress May Provide For The Quick, Temporary Filing Of House Member Seats In Emergencies By Statute, Paul Taylor

Journal of Law and Policy

No abstract provided.

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Aiming For Accountability: How City Lawsuits Can Help Reform And Irresponsible Gun Industry, Rachana Bhowmik Jan 2002

Aiming For Accountability: How City Lawsuits Can Help Reform And Irresponsible Gun Industry, Rachana Bhowmik

Journal of Law and Policy

No abstract provided.

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In Re Wendland: Contradiction, Confusion And Constitutionality, Mary Ann Buckley Jan 2002

In Re Wendland: Contradiction, Confusion And Constitutionality, Mary Ann Buckley

Journal of Law and Policy

No abstract provided.

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Is Kendra's Law A Keeper? How Kendra's Law Erodes Fundamental Rights Of The Mentally Ill, Erin O'Connor Jan 2002

Is Kendra's Law A Keeper? How Kendra's Law Erodes Fundamental Rights Of The Mentally Ill, Erin O'Connor

Journal of Law and Policy

No abstract provided.

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