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2002

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Articles 1321 - 1350 of 1978

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Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland Jan 2002

Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland

Cardozo Journal of Equal Rights & Social Justice

The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.


The Criminal Law Of The People's Republic Of China (1997): Real Change Or Rhetoric?, Ian Dobinson Jan 2002

The Criminal Law Of The People's Republic Of China (1997): Real Change Or Rhetoric?, Ian Dobinson

Washington International Law Journal

The 1997 Criminal Law supposedly heralds the beginning of a new era in Chinese jurisprudence and criminal justice. There are doubts, however, over the degree to which the revisions are substantial or symbolic. On the one hand, it can be argued that by making the criminal justice system more rational and predictable, China is moving much closer to the "rule of law" as that term is understood in the West. On the other, it can be argued that the changes are mainly illusory and that, underneath the veneer of rhetoric, China's criminal justice system remains a crude and arbitrary tool …


The Clash Between U.S. Criminal Procedure And The Vienna Convention On Consular Relations: An Analysis Of The International Court Of Justice Decision In The Lagrand Case, Jennifer Lynne Weinman Jan 2002

The Clash Between U.S. Criminal Procedure And The Vienna Convention On Consular Relations: An Analysis Of The International Court Of Justice Decision In The Lagrand Case, Jennifer Lynne Weinman

American University International Law Review

No abstract provided.


Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak Jan 2002

Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak

Michigan Journal of International Law

This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …


The Plight Of The Street Children Of Latin America Who Are Addicted To Sniffing Glue, And The Role And Responsibilities Of Transnational Corporations, Charmaine J. Comprosky Jan 2002

The Plight Of The Street Children Of Latin America Who Are Addicted To Sniffing Glue, And The Role And Responsibilities Of Transnational Corporations, Charmaine J. Comprosky

ILSA Journal of International & Comparative Law

A great concern for the international community is protecting the rights of children around the world.'


U.S. Drug Court: A Building Block For Canada, Lisa Strauss Jan 2002

U.S. Drug Court: A Building Block For Canada, Lisa Strauss

ILSA Journal of International & Comparative Law

Since the establishment of the first drug treatment court in Dade County, Florida, United States in 1989, these specialized courts have become a rapidly expanding alternative to traditional law enforcement.


The Special Court For Sierra Leone: Establishing A New Approach To International Criminal Justice, John Cerone Jan 2002

The Special Court For Sierra Leone: Establishing A New Approach To International Criminal Justice, John Cerone

ILSA Journal of International & Comparative Law

The proposed Special Court for Sierra Leone is sometimes referred to as a national/international hybrid entity.


The New Politics Of Sentencing, Michael M. O'Hear Jan 2002

The New Politics Of Sentencing, Michael M. O'Hear

Faculty Publications

No abstract provided.


2002 Annual Report, Tennessee. Department Of Audit, Tennessee. Comptroller Of The Treasury Jan 2002

2002 Annual Report, Tennessee. Department Of Audit, Tennessee. Comptroller Of The Treasury

Department of Audit Annual Reports

This document is the annual report for the Tennessee Department of Audit.


Crime In Tennessee 2002, Tennessee. Bureau Of Investigation Jan 2002

Crime In Tennessee 2002, Tennessee. Bureau Of Investigation

Crime in Tennessee

The information contained in the report is based upon crime statistics information submitted by all law enforcement agencies in Tennessee to TBI’s Tennessee Incident Based Reporting System (TIBRS) Program. TIBRS is the state version of the FBI’s National Incident Based Reporting System (NIBRS) Program.


Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion Jan 2002

Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.


Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg Jan 2002

Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg

Human Rights Brief

No abstract provided.


Center Faculty/Staff News, Human Rights Brief Jan 2002

Center Faculty/Staff News, Human Rights Brief

Human Rights Brief

No abstract provided.


Faculty/Staff News, Human Rights Brief Jan 2002

Faculty/Staff News, Human Rights Brief

Human Rights Brief

No abstract provided.


Fundamental Justice And Political Power: A Personal Reflection On Twenty Years In The Trenches, Alan N. Young Jan 2002

Fundamental Justice And Political Power: A Personal Reflection On Twenty Years In The Trenches, Alan N. Young

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.


“If Elected, I Promise [_____]”—What Should Judicial Candidates Be Allowed To Say?, Stephen Gillers Jan 2002

“If Elected, I Promise [_____]”—What Should Judicial Candidates Be Allowed To Say?, Stephen Gillers

Faculty Articles

In this short Article, I will propose a rule for judicial candidates that balances several competing interests. The rule seeks to honor their First Amendment rights and the voters’ need for information while avoiding a level of specificity that may signal how a judicial candidate would decide a particular case. Along the way, I consider rules that would permit less judicial speech and eventually reject these in favor of a more permissive rule.


It Takes A Community To Prosecute, Anthony C. Thompson Jan 2002

It Takes A Community To Prosecute, Anthony C. Thompson

Faculty Articles

Serious treatment of the concept of community prosecution would seem to require deeper thinking about the goals, values, and optimal methods of a community-oriented approach than is currently apparent. This Article will attempt to explore some of these issues, using the programs that have already been developed as a basis for identifying approaches likely to prove successful as well as the pitfalls that such programs may encounter. Part I of the Article lays the foundation for this inquiry by reviewing those core elements of the traditional approach to prosecution that are most germane to a discussion of an alternative community-based …


2002 Volume 10 No. 1, Cleveland-Marshall College Of Law Jan 2002

2002 Volume 10 No. 1, Cleveland-Marshall College Of Law

Law Notes

No abstract provided.


The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon Jan 2002

The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon

Journal of Health Care Law and Policy

No abstract provided.


Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch Jan 2002

Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch

Fordham International Law Journal

As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …


Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz Jan 2002

Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz

Fordham International Law Journal

This Article seeks to address important questions raised by pretrial detention and judicial reform in Latin America. It analyzes the potential impact of criminal procedure reforms on pretrial detention rates. It also discusses whether more general ‘rule of law‘ reforms promoted by international donor organizations like the World Bank can affect the abuses associated with prolonged pretrial detention--whether, in other words, the circle may be squared between economic development and human rights. In addition, this Article describes the adoption of central elements of an American-style adversarial system in Latin America and its prospects for influencing judicial reform. It argues that …


The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson Jan 2002

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


2002-2003 Lynn University Academic Catalog, Lynn University Jan 2002

2002-2003 Lynn University Academic Catalog, Lynn University

Academic Catalogs

No abstract provided.


Criminal Law—The Crucible Of Adversarial Testing: Ineffective Assistance Of Counsel And Unauthorized Concessions Of Client's Guilt, Heidi H. Woessner Jan 2002

Criminal Law—The Crucible Of Adversarial Testing: Ineffective Assistance Of Counsel And Unauthorized Concessions Of Client's Guilt, Heidi H. Woessner

Western New England Law Review

No abstract provided.


Latent Justice: Daubert's Impact On The Evaluation Of Fingerprint Identification Testimony, Jessica M. Sombat Jan 2002

Latent Justice: Daubert's Impact On The Evaluation Of Fingerprint Identification Testimony, Jessica M. Sombat

Fordham Law Review

No abstract provided.


What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard S. Frase Jan 2002

What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard S. Frase

Fordham Law Review

No abstract provided.


An Argument Against The Arbitrary Acceptance Of Guilty Pleas As Statements Against Interest, Mary Cecilia Sweeney-Kwok Jan 2002

An Argument Against The Arbitrary Acceptance Of Guilty Pleas As Statements Against Interest, Mary Cecilia Sweeney-Kwok

Fordham Law Review

No abstract provided.


Client Choices, Community Values: Why Faith-Based Legal Services Providers Are Good For Poverty Law, Melanie D. Acevedo Jan 2002

Client Choices, Community Values: Why Faith-Based Legal Services Providers Are Good For Poverty Law, Melanie D. Acevedo

Fordham Law Review

No abstract provided.


Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode Jan 2002

Keynote: Law, Lawyers, And The Pursuit Of Justice, Deborah L. Rhode

Fordham Law Review

No abstract provided.


Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik Jan 2002

Grieving Criminal Defense Lawyers, Dennis E. Curtis, Judith Resnik

Fordham Law Review

No abstract provided.