Digital Commons Network^™

The Lagrand Decision: The Evolving Legal Landscape Of The Vienna Convention On Consular Relations In U.S. Death Penalty Cases, Howard S. Schiffman

Santa Clara Law Review

No abstract provided.

Ethics Year In Review, Matthew J. Madalo

Santa Clara Law Review

No abstract provided.

World Conference Against Racism: New Avenues For Slavery Reparations?, Michelle E. Lyons

Vanderbilt Journal of Transnational Law

The reparations movement has had a long and tumultuous history, as past attempts to obtain equitable relief have failed through common law, international law, legislation, and constitutional law. However, recent developments in these areas have pushed the reparations movement to the forefront. For example, Farmer-Paellmann v. Fleetboston Financial Corp. and similar 'suits have renewed the common law claim for reparations by identifying corporations that have kept record of their involvement in slavery and naming the corporations as concrete defendants. By naming corporate defendants, as compared to governmental or individual defendants, the suits have eliminated an enormous weakness in past efforts, …

The California Death Penalty: Prosecutors' Use Of Inconsistent Theories Plays Fast And Loose With The Courts And The Defendants, Steven F. Shatz, Lazuli M. Whitt

University of San Francisco Law Review

No abstract provided.

Guilt By Association: Proposition 21'S Gang Conspiracy Law Will Increase Youth. Violence In California, Lizabeth N. De Vries

University of San Francisco Law Review

In March 2000, Proposition 21 enacted two revisions to the California Penal Code that dramatically altered the identification and punishment of fringe-offenders. First, a defendant need not be a member to be charged as an active participant in a gang. Second, and most importantly, Proposition 21 enacted a conspiracy law allowing gang participants to be charged as co-conspirators for any crime a fellow gang member commits. Under this newly created conspiracy theory, a juvenile may now be sentenced for a gang-related crime in which he did not participate.

Status Of Forces Agreements: Tools To Further Effective Foreign Policy And Lessons To Be Learned From The United States-Japan Agreement, James M. Gher

University of San Francisco Law Review

In order to maintain political legitimacy and positive foreign relations, it is imperative that the United States considers the profound implications of its military policy-making. The United States must fashion SOFAs(an agreement entered into between nations that delineates the "legal rights and responsibilities of military forces stationed on foreign soil.") that reach beyond its own national interests and equitably address the needs and concerns of the receiving nation. By taking this approach, the United States will do much to garner future international support.

Insights- May 2002, Erika Malek

Insights

No abstract provided.

Insights- October 2002, Erika Malek

Insights

No abstract provided.

The Economics Of Work And Family, Jean Kimmel Editor, Emily P. Hoffman Editor

Upjohn Press

Using an economic perspective, the contributors confront work/family issues including child care (potentially the biggest obstacle to parents successfully integrating work and family priorities), how parents balance time between work and family obligations, links between women's childbearing and their economic outcomes, the success of the Family and Medical Leave Act (FMLA), and the relationship between family structure and labor market outcomes. They also argue for specific policies designed to alleviate the stresses related to these issues.

College And Amateur Sports Gambling: Gambling Away Our Youth, John Warren Kindt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Departing Ways: Uniformity, Disparity And Cooperation In Federal Drug Sentences, Michael A. Simons

Faculty Publications

(Excerpt)

In 1995, this law review sponsored a symposium entitled The Sentencing Controversy: Punishment and Policy in the War Against Drugs. That symposium's focus on sentencing was appropriate because, as one of the participants noted, "[s]entencing is the bottom line of the criminal justice system."  Six years later, as this current symposium makes clear, we are still waging "war" on drugs. And although this symposium is not devoted exclusively to punishment, sentencing is still a central—and vexing—battlefield in that war.

The war on drugs is fought on multiple fronts: education, treatment, interdiction, diplomacy and law enforcement. Law enforcement, however, …

Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino

Faculty Publications

Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …

Current Status Of Federal Law Concerning Violent Crimes Against Women And Children: Implications For Cult Victims, Robin Boyle

Faculty Publications

The author presents key provisions of The Victims of Trafficking and Violence Protection Act of 2000, which is federal legislation divided into two Acts. In Parts I and II of this article, the author describes how The Violence Against Women Act of 2000 reauthorized critical grant programs created by the Violence Against Women Act of 1994, established new programs, and strengthened federal laws. In Part III of this article, the author explains that The Trafficking Victims Protection Act of 2000 prevents the trafficking of women and children. In Part IV the author suggests how both Acts have implications for cult …

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

Community Prosecutors, Anthony V. Alfieri

Articles

No abstract provided.

Vicarious Snitching: Crime, Cooperation, And "Good Corporate Citizenship", Michael A. Simons

St. John's Law Review

(Excerpt)

This Article will examine corporate cooperation and the difficulties it can create for corporate decision-makers. Part I describes the principles of vicarious guilt that give prosecutors the power to demand corporate cooperation. Part II examines how prosecutors exercise their discretion in deciding whether to charge corporations with crimes. In Part III, the Article examines the cooperators. Just as a corporation's guilt is only vicarious, so too its cooperation can be only vicarious. In the end, it is not the corporation that cooperates, but its officers and directors-the men and women who make decisions for the corporation. For these vicarious …

The Future Of Human Rights Discourse, Ruti Teitel

Articles & Chapters

No abstract provided.

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 …

(En)Raged Or (En)Gaged: The Implications Of Racial Context To The Canadian Provocation Defense, Camille A. Nelson

University of Richmond Law Review

Ice hockey is Canada's national pastime, much like baseball is for many Americans. This fact makes the case of Regina v. Smithers all the more interesting.

Treating Persons As Ends In Themselves: The Legal Implications Of A Kantian Principle, R. George Wright

University of Richmond Law Review

In one of the most stirring passages in modern ethics, Immanuel Kant famously enjoins: "act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means." Precisely what Kant means here, however, is not entirely clear. More than one interpretation of this formula is possible. But the importance of Kant's "formula of ends" in modern moral philosophy is impossi- ble to deny.

Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares

University of Richmond Law Review

Although criminal law can be justified with respect to non-utilitarian goals such as retribution, no one can deny that one way to justify criminal law is with respect to the instrumental ends of deterrence. So, one question of interest to scholars in the field has been how to think about the kinds of criminal law policy that encourage compliance. My own work has focused on this important question. Specifically, I have been concerned with the ways in which different kinds of criminal proscriptions, along with certain methods of law enforcement, could affect crime rates in disadvantaged, urban neighborhoods. In undertaking …

The Incalculable Risk: How The World Trade Center Disaster Accelerated The Evolution Of Insurance Terrorism Exclusions, Jane Kendall

University of Richmond Law Review

"The deliberate and deadly attacks, which were carried out yesterday against our country, were more than acts of terror. They were acts of war."

- President George W. Bush, September 12, 2001.

The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner

University of Richmond Law Review

One of the most notable trends in legal scholarship is the explosion of writing on social norms. Just a few years ago one might have argued that the scholarship was marginal, of interest to only a handful of law professors, but expressions of skepticism about the value of this scholarship have become rare. At the same time, it would be wrong to say that "law and social norms" ("LSN") is a movement or school within legal scholarship: the writings about this topic are too diverse, and there is little of that sense of forward movement that is characteristic of more …

A Year In The Life Of Death: Murders And Capital Sentences In South Carolina, David Elton Mccord

South Carolina Law Review

No abstract provided.

United States V. Oakland Cannabis Buyers' Cooperative: The Medical Necesity Defense As An Exception To The Controlled Substances Act, Emily Farr

South Carolina Law Review

No abstract provided.

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 …

Characteristics Of Domestic Violence Offenders : Associations With Childhood Exposure To Violence, Amy Rebekah Epstein Murrell

Electronic Theses and Dissertations

No abstract provided.

Center For Psychological Studies 2002-2003 Catalog, Nova Southeastern University

College of Psychological Services / College of Psychology Postgraduate Student and Course Catalogs

No abstract provided.

Solving The Apprendi Puzzle, Kyron Huigens

Articles

No abstract provided.

Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky

Akron Law Faculty Publications

The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …