Digital Commons Network^™

The Prospect Of Multi-Level Voting In Post-Peace Accord Northern Ireland, Roger Mac Ginty

Peace and Conflict Studies

This article reviews the possibility of multi-level voting in Northern Ireland in the wake of the 1998 peace accord. Post-peace accord elections can act as powerful indicators of the fate of a peace. Using Reif and Schmitt’s framework of second-order elections, it finds some evidence of varying electoral behaviour according to the electoral arena. The article also uses original data from a major opinion survey to assess public attitudes towards the suite of governing institutions with powers in or over a devolved Northern Ireland. The evidence of multi-level voting is limited and does not extend to electors abandoning ethnic voting …

Fall 2003, Graduate School Of Humanities & Social Sciences

CAHSS Graduate SGA Dialogues

No abstract provided.

Minding The Gap: An Assessment Of Racial Disparity In Metropolitan Chicago, Center For Urban Research And Learning, The Human Relations Foundation/Jane Addams Policy Initiative

Center for Urban Research and Learning: Publications and Other Works

In cooperation with the Human Relations Foundation of Chicago (HRF), CURL and the Jane Addams Hull House examined inequalities among racial and ethnic groups in Chicago. Drawing from a broad range of existing data sources, researchers documented areas of reduced inequality as well as other areas of persistent inequality.

Minding the Gap: An Assessment of Racial Disparity in Metropolitan Chicago examines seven quality of life measurements: income, wealth and employment, education, housing, transportation, health, the lives of children and the criminal justice system. This report, by examining these seven systems, not just one, creates a unique context for understanding both …

Hastings Community (Autumn 2003), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair S. Burke

Washington Law Review

This Article attempts to reframe a burgeoning scholarly debate about the appropriateness of neighborhood self-governance as both a means to local crime control and a normatively worthy end in itself. On one side of the existing debate stands an emerging and influential group of "new discretion" scholars, who defend the delegation of discretion to police officers attempting to enforce social norms that are often ambiguous. These scholars argue that the support and involvement of so-called "communities" in such law enforcement efforts can be an adequate substitute for traditional judicial scrutiny of police discretion, particularly the prohibition against vague criminal laws. …

The Challenges: Past Is Prologue, Elizabeth B. Lacy

University of Richmond Law Review

No abstract provided.

Rethinking Theft Crimes In Virginia, John G. Douglass

University of Richmond Law Review

No abstract provided.

Update - November 2003, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Editorial
-- Hindu Perspectives on Genetic Enhancements in Humans
-- HIPAA: Privacy and Public Good
-- 2003 Graduates

New Studies Provide Insight Into How Disputants Value Case Evaluation By Third Parties, Gregory Todd Jones, Douglas H. Yarn

Faculty Publications By Year

No abstract provided.

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Salt Equalizer, Vol. 2003, Issue 4, Society Of American Law Teachers

SALT Equalizer

Margalynne Armstrong, The SALT Annual Awards Dinner to Honor Quigley, Lewis, at 1.

Michael Rooke-Ley, SALT, FAIR Sue Department of Defense over Solomon Amendment, at 1.

Raleigh Hanna Levine, Introducing SALT’s New Co-Presidents, at 2.

Paula C. Johnson & Michael Rooke-Ley, Co-Presidents’ Column, at 3.

Eileen Kaufman, SALT Bar Exam Workshop, at 4.

Sally Simpson, The Community Legal Access BarAlt Program, at 4.

Andrea Curcio & Clark D. Cunningham, Georgia’s Public Service Bar Exam Alternative, at 5.

Marjorie M. Shultz & Sheldon Zedeck, Identification and Development of Predictors for Successful Lawyering, at …

Belgium's Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam

Cardozo Law Review

No abstract provided.

Plea Best Not Taken: Why Criminal Defendants Should Avoid The Alford Plea, A, Bryan H. Ward

Missouri Law Review

After examining the North Carolina v. Alford decision in detail, this Article will first look at the broad arguments in favor of this type of plea. This Article will then focus on the body of case law dealing with the Alford plea and its effect on sentencing, probation and parole. While examining these cases this Article will also focus on the variety of arguments offered by criminal defendants who contend that it is impermissible to require an Alford-type defendant to express remorse for the offense or admit to the offense in any other context. This Article will conclude by reevaluating …

We Didn't Know Any Better Defense: The Eighth Circuit's View Of Qualified Immunity For Jail Officers Who Detain Arrestees - Hill V. Mckinley, The, William E. Roberts

Missouri Law Review

The Supreme Court has imparted the old common-law immunity to law-enforcement officers in actions for violations of constitutional rights. Defendants no longer have to stand trial on a federal claim for damages based on their unconstitutional actions unless a court has previously established with sufficient clarity and particularity that such actions are indeed a constitutional violation. Through examination of Hill v. McKinley, this Note argues that "qualified immunity" is beginning to be extended beyond its intended use.

The 2002 Supreme Court Decisions: Did They Leave Enough Of Apprendi To Effectively Protect Criminal Defendants?, Charlotte Leclercq

Northern Illinois University Law Review

This comment explores the true impact of the 2000 landmark decision, Apprendi v. New Jersey, in which the United States Supreme Court determined that any fact that increases a criminal defendant's sentence beyond the statutory maximum has to be submitted to a jury and proven beyond a reasonable doubt. At the time, the decision appeared to be a triumph for the procedural due process rights of defendants. However the opinion of the majority, as well as those of the concurrence and dissents, left the actual effect of the decision subject to considerable debate among courts and commentators. In 2002 the …

Race And Local Television News Crime Coverage, Jeremy Harris Lipschultz, Michael L. Hilt

Communication Faculty Publications

Viewers of local television newscasts across the United States are regularly exposed to crime news stories. Crime coverage by local television stations is studied with an interest in how live reporting, dramatic video, and timeliness influence perceptions of race in the United States. Crime coverage did not always identify the race of a suspect because that information often was not available from police. However, when violent criminals or suspects were identified, race normally was shown through a mug shot, photograph, or video from the scene. When an African-American suspect was shown in police custody, the images tended to reinforce existing …

Internet Sex Crimes Against Minors: The Response Of Law Enforcement., Janis Wolak, Kimberly J. Mitchell, David Finkelhor

Crimes Against Children Research Center

The Internet1 and computers have come to play a growing role in sex crimes that are committed against children and youth.2 Since the mid-1990s these developing technologies have posed challenges for law enforcement requiring them to confront situations not anticipated in criminal statutes, master technical advances, develop new investigative techniques, and handle criminal cases that often span multiple jurisdictions. To assist, legislators have acted on a number of fronts creating new statutes that encompass Internet offenses, stiffening penalties, and creating a national clearinghouse for reports of Internet-related crimes against children and the CyberTipline® operated by the National Center for Missing …

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Fear Of A Paper Tiger: Enforcing Louisiana's Procedural And Statutory Rules In The Wake Of Harmless Error Analysis, James E. Boren, Michael A. Fiser

Louisiana Law Review

No abstract provided.

Considerations Concerning Harmless Error In Louisiana Criminal Cases, Alfred Paul Leblanc Jr.

Louisiana Law Review

No abstract provided.

Doctoring Up The Capital Defense System: Raising The Standards For Louisiana's Death Penalty Lawyers, Julie Hayes Kilborn

Louisiana Law Review

No abstract provided.

In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson

Northern Illinois University Law Review

In Ring v. Arizona, 536 U.S. 584 (2002), the United States Supreme Court struck down the state of Arizona's death penalty procedure as violative of the Sixth Amendment's right to trial by jury. The Ring case is noteworthy because the Supreme Court upheld the identical procedure under the same constitutional provision twelve years earlier in Walton v. Arizona, 497 U.S. 639 (1990). The Ring case raises a serious constitutional issue because the high Court reaffirmed its decision upholding Arizona's death penalty procedure twice during those twelve years. The issue is this: what recourse does the state of Arizona have against …

Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature And Of Criminal Profiling More Generally, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

New data on highway stops and searches from across the country have spawned renewed debate over racial profiling on the roads. The new data reveal consistently disproportionate searches of minority motorists, but, very often, an equal or lower general success rate—or “hit rate”—associated with those searches. Economists are developing new models of racial profiling to test whether the data are consistent with policing efficiency or racial prejudice, and argue that equal hit rates reflect that the police are maximizing the success rate of their searches. Civil liberties advocates are scrutinizing the same data and, in most cases, reaching opposite conclusions. …

The False Promise Of One Person, One Vote, Grant M. Hayden

Hofstra Law Faculty Scholarship

It has now been four decades since the Supreme Court stepped into the political thicket with its groundbreaking series of reapportionment cases. Those cases rather quickly brought about radical changes in the structure of our national, state, and local governments and, in so doing, reshaped the political landscape of the country in many, mostly beneficial, ways. The reapportionment cases also signaled the beginning of a revolution in the way we view the rights associated with meaningful participation in a democratic society, a revolution that continues to this day. We now enjoy a right to vote that is much more comprehensive …

Prospect Theory, Risk Preference, And The Law, Chris Guthrie

Vanderbilt Law School Faculty Publications

To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with an understanding of how people are likely to respond to legal rules can legal scholars, judges, legislators, and regulators craft rules that are likely to encourage desirable behavior and discourage undesirable behavior. Rather than rely on rational choice theory, behavioral law and economics scholars (or legal decision theorists) have turned to Daniel Kahneman and Amos Tversky's "prospect theory" to inform their …

The False Promise Of One Person, One Vote, Grant M. Hayden

Michigan Law Review

It has now been four decades since the Supreme Court stepped into the political thicket with its groundbreaking series of reapportionment cases. Those cases rather quickly brought about radical changes in the structure of our national, state, and local governments and, in so doing, reshaped the political landscape of the country in many, mostly beneficial, ways. The reapportionment cases also signaled the beginning of a revolution in the way we view the rights associated with meaningful participation in a democratic society, a revolution that continues to this day. We now enjoy a right to vote that is much more comprehensive …

America's Evolving Stance On Mental Retardation And The Death Penalty, Benjamin J. Clark

DePaul Journal of Health Care Law

No abstract provided.

Deference To The Majority: Why Isn't The Supreme Court Applying The Reasoning Of Atkins V. Virginia To Juveniles, Sharon Ongerth

Loyola of Los Angeles Law Review

No abstract provided.

Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair Burke

Hofstra Law Faculty Scholarship

This Article attempts to re-frame a burgeoning scholarly debate about the appropriateness of neighborhood self-governance as both a means to local crime control and a normatively worthy end in itself. On one side of the existing debate stands an emerging and influential group of "new discretion" scholars, who defend the delegation of discretion to police officers attempting to enforce social norms that are often ambiguous. These scholars argue that the support and involvement of so-called "communities" in such law enforcement efforts can be an adequate substitute for traditional judicial scrutiny of police discretion, particularly the prohibition against vague criminal laws. …