Digital Commons Network^™

Federal Courts, Overbreadth, And Vagueness: Guiding Principles For Constitutional Challenges To Uninterpreted State Statutes, Stuart Buck, Mark L. Rienzi

Utah Law Review

As we have seen, both state courts and federal courts have misunderstood the scope of the federal courts' powers. Federal courts have wrongly feared that their judgments in overbreadth and vagueness cases will not be observed, and have reached out to completely enjoin the enforcement of statutes that may be valid at least in part. State courts, on the other hand, have wrongly feared that when a federal court has done just that, there was no future recourse because the law had been "struck down." Both fears are misplaced. A federal court has the same power to partially limit the …

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Utah Law Review

The September 11 attacks pose a challenge for reconciling security and democracy in American immigration law. The consequences of discounting security concerns are clear in the hijackers' gaming of the immigration system. However, the elevation of security at the expense of democracy threatens both of these crucial values. This Article proposes an integrative approach to the interaction of democracy and security in immigration law. The premise of the integrative approach is that democracy and security are interdependent in the immigration arena. Immigrants historically have pushed the United States to live up to its democratic ideals. Targeting immigrants threatens to render …

The Responsibility Of The Rulemaker: Comparative Approaches To Patent Administration Reform, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Patent administrators across the globe currently face the most challenging operating environment they have ever known. Soaring application rates, lean fiscal policies and an increasingly ambitious range of patentable subject matter are among the difficulties faced by the world's leading patent offices. These trends have resulted in persistent concerns over the quality of issued patents. Responding to recent writings questioning the value of maintaining high levels of patent quality, Professor Jay Thomas asserts both that patent quality matters, and that increasing the responsibilities of patent applicants provides a fair and efficient mechanism for improving patent office work product. This Article …

Searching For Wayward Dollars: Money Laundering Or Tax Evasion—Which Dollars Are We Really After?, Margaret E. Beare

Articles & Book Chapters

No abstract provided.

Legal Aid, Frederick H. Zemans

Articles & Book Chapters

No abstract provided.

After/Word(S): 'Violations Of Human Dignity' And Postmodern International Law, Barbara Stark

Hofstra Law Faculty Scholarship

"Never again!" was the crie de coeur of the world leaders after World War II. "Never again" would they tolerate death camps, mass graves, or other crimes against humanity. Several genocides later, however, the phrase has become ironic. Innumerable international as well as national laws have been enacted, but they have failed to stop the carnage. This was the subject of a recent symposium in the American Journal of International Law, which assembled some of the leading minds in international law to analyze the problem from seven different perspectives. Postmodern International Law (PIL) was not among them.

As this Article …

Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle

Faculty Publications

No abstract provided.

Looking Forward And Looking Back: The Promise And Potential Of A Sioux Nation Judicial Support Center And Sioux Nation Supreme Court, Frank Pommersheim

Faculty Publications

No abstract provided.

The Death Of A Doctrine: The Tenth Circuit Court Of Appeals And Random Suspicionless Urine Drug Tests Eroding The Special Needs Doctrine, Matthew A. Pring

Denver Law Review

No abstract provided.

The Convenience Of The Guillotine: Video Proceedings In Federal Prosecutions, Gerald G. Ashdown, Michael A. Menzel

Denver Law Review

No abstract provided.

Internet Gambling And The Destabilization Of National And International Economies: Time For A Comprehensive Ban On Gambling Over The World Wide Web, John Warren Kindt, Stephen W. Joy

Denver Law Review

No abstract provided.

Addressing Vagueness, Ambiguity, And Other Uncertainty In American Criminal Laws, John F. Decker

Denver Law Review

No abstract provided.

Big Brother At The Door: Balancing National Security With Privacy Under The Usa Patriot Act, Patricia Mell

Denver Law Review

No abstract provided.

Euclid Lives: The Survival Of Progressive Jurisprudence, Michael Allan Wolf, Charles M. Haar

Law Faculty Publications

The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach - Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co. This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …

Report Of William & Mary Marshall-Wythe School Of Law 2001-2002, William & Mary Law School

Annual Report

No abstract provided.

Influence Of Locus Of Control On Court Attendance, Anna Cutlip

LSU Master's Theses

The aim of the present study was to discover whether there is a relationship between locus of control and court attendance. Data were collected from 95 inmates residing in a southern Louisiana jail. It was expected that a person with an internal locus of control would choose to comply with court attendance requirements because of the belief that he may affect the outcome, while another individual with an external locus of control would passively respond through absence because the outcome is believed to be controlled by chance, luck, or fate. The Prison Locus of Control scale was employed to measure …

Hispanics And Violent Crime In The United States: Examining The Effect Of Segregation, Dorothy Mecom

LSU Master's Theses

The purpose of this study focuses on Hispanics and violent crime. Previous studies (Krivo and Peterson, 1993, Shihadeh and Flynn, 1996) analyze crime rates among blacks; however, the research on Hispanics is very limited (Massey and Denton, 1992). The majority of sociological studies analyze racial residential segregation in order to explain higher rates of violent crime among blacks. (Peterson and Krivo, 1993; Frey and Farley, 1996.) Most researchers employ the Index of Dissimilarity (D), which measures evenness (distribution of the population), in order to measure segregation. (Fischer and Massey, 2000). In this study, I plan to fill the gap in …

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …

Procedural Justice: Tempering The State’S Response To Domestic Violence, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Part I of this Article documents the recent legal reforms implemented on behalf of battered women in the criminal and civil justice systems. These include warrantless arrest, mandatory arrest laws, and no-drop prosecution policies, as well as civil protection order statutes and statutory modifications recommended by the Model State Code on Domestic and Family Violence. Part II describes the ways in which these reforms have improved the state's responsiveness to victims, yet simultaneously entailed serious costs by diminishing batterers' perceptions of procedural justice. Part III defines the building blocks of procedural justice and reviews the social science data demonstrating its …

Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …

Longwood University Catalog 2002-2003, Longwood University

Undergraduate Catalogs

No abstract provided.

No. 38 An Order Establishing The Tennessee Council For Interstate Adult Offender Supervision, Don Sundquist

Executive Orders

No abstract provided.

A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman

Cardozo Journal of Equal Rights & Social Justice

The note argues that Munchausen Syndrome by Proxy (MSBP) should be legally recognized as a severe mental disorder, allowing defendants to use a diminished capacity defense in cases of accidental filicide. The author critiques the legal system's inconsistent treatment of MSBP, which often focuses on the physical harm to the child while neglecting the mother's mental state. By acknowledging MSBP as a psychiatric disorder, the law could achieve more nuanced outcomes that consider both the act and the defendant's mental condition, reducing stigma and promoting fairness in criminal liability assessments.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Lurking In The Shadows: The Hidden Issues Of The Securities And Exchange Commission's Regulation Fd, Marc I. Steinberg, Jason B. Meyers

Faculty Journal Articles and Book Chapters

This Article explores key issues likely to arise under Regulation FD, including some that the Commission may not have envisioned in promulgating the Regulation. The first part begins by reviewing the scope of the Regulation in the ensuing discussion. In Part II, the Article addresses how well the Regulation fits with the policies underlying the federal securities laws. Focusing on issues related to an issuer's duty to disclose, the efficiency of capital markets, and the Commission's predominant emphasis on fairness in promulgating the Regulation, the authors note that in many ways Regulation FD provides an awkward fit with the general …

Recovering From Drugs And The Drug War: An Achievable Public Health Alternative, Eric Blumenson

Suffolk University Law School Faculty Works

For three decades our War on Drugs has characterized illicit drug use as a law enforcement problem, to be addressed primarily through interdiction and criminal punishment. This policy has multiplied the number of imprisoned Americans, but our drug problem remains as entrenched as ever, and both voters and policy experts appear ready to embrace an alternative public health approach. Such an approach recognizes that a substantial number of Americans will continue to use drugs for the foreseeable future, and seeks to minimize the risks these people face from their drug habits. This requires programs and funding for treatment, education, and …

When The Cure Is Worse Than The Disease: America's Failed War On Drugs, Peg Solomon

Public Interest Law Reporter

No abstract provided.

Illinois Takes Bold Steps To Revolutionize Capital Litigation, Thomas M. Lombardo

Public Interest Law Reporter

No abstract provided.