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2004

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Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook Jan 2004

Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook

University of Michigan Journal of Law Reform

This Note discusses various ways to bring the United States into better compliance with the 1963 Vienna Convention on Consular Relations The introduction to this Note discusses how violations of the Vienna Convention are currently treated in the United States. In particular, the introduction discusses the unsuccessful attempts to prevent the execution of Karl and Walter LaGrand, two German nationals sentenced to death in Arizona. The LaGrands were convicted after a violation of their rights under the Vienna Convention because they were not informed without delay of their right to consular notification and assistance. In later appeals, United States courts …

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The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda Jan 2004

The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda

University of Michigan Journal of Law Reform

In this Article, Professors Chanenson and Gotanda propose that courts treat comparable maximum criminal or civil legislative fines as a presumptive due process limit on punitive damage awards. The Article reviews the manner in which courts have implemented the three-guidepost framework for constitutional review of punitive awards laid out by the Supreme Court in BMW of North America, Inc. v. Gore and in State Farm Mutual Automobile Insurance Co. v. Campbell. Finding that courts have struggled to articulate a coherent rationale and methodology for review of such awards, the authors propose a greater reliance on the third guidepost of …

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Gathered Fragments Vol. Xv No. 2 Jan 2004

Gathered Fragments Vol. Xv No. 2

Gathered Fragments

No abstract provided.

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Reorganization - 10 Years Later, William W. Hill Jan 2004

Reorganization - 10 Years Later, William W. Hill

Gathered Fragments

No abstract provided.

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Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner Jan 2004

Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner

School of Law Faculty Publications

Cybercrime creates unique challenges for the reactive model of crime control that has been predominant for approximately the last century and a half. That model makes certain assumptions about crime, which derive from characteristics of real-world crime. These assumptions do not hold for cybercrime, so the reactive model is not an appropriate means of dealing with online crime. The article explains how modified principles of criminal law can be utilized to implement a new, non-reactive model which can deal effectively with cybercrime. This model of distributed security emphasizes prevention, rather than reaction, which is achieved by holding citizens liable for …

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Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker Jan 2004

Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker

Richmond Journal of Law and the Public Interest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Cwu Faculty Senate Minutes - Index 2003-2004, Janet Shields Jan 2004

Cwu Faculty Senate Minutes - Index 2003-2004, Janet Shields

Faculty Senate Minutes

No abstract provided.

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The Escalating Copyright Wars, Peter K. Yu Jan 2004

The Escalating Copyright Wars, Peter K. Yu

Hofstra Law Review

Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …

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Unauthorized Pop-Up Advertising And The Copyright And Unfair Competition Implications, Michael A. Leon Jan 2004

Unauthorized Pop-Up Advertising And The Copyright And Unfair Competition Implications, Michael A. Leon

Hofstra Law Review

No abstract provided.

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Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner Jan 2004

Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner

Hofstra Law Review

No abstract provided.

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Defense-Oriented Judges, Abbe Smith Jan 2004

Defense-Oriented Judges, Abbe Smith

Hofstra Law Review

No abstract provided.

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The Changing Face Of Judicial Elections, Gerald Stern Jan 2004

The Changing Face Of Judicial Elections, Gerald Stern

Hofstra Law Review

No abstract provided.

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The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin Jan 2004

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Hofstra Law Review

Because I intend to be prescriptive (or, when it comes to the esteemed members of the bench who may be in the audience, “suggestive,” since it is they who wield the gavels while I -- as any lawyer appearing before members of the bench -- have only words), I must confess some biases before going further. First, I believe in “sunshine in litigation” and openness of both court records and discovery. I believe that courts are public forums, and that arguments about the privacy of disputes should generally be outweighed by the public's right to know. Some have strongly argued …

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The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy Jan 2004

The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy

Hofstra Law Review

No abstract provided.

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Judicial Error That Is Subject To Discipline In New York, Gerald Stern Jan 2004

Judicial Error That Is Subject To Discipline In New York, Gerald Stern

Hofstra Law Review

No abstract provided.

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The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley Jan 2004

The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley

Hofstra Law Review

No abstract provided.

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The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz Jan 2004

The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz

Hofstra Law Review

Prompted by the litany of complaints about corporate boards - as once again highlighted by recent corporate scandals - this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …

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The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry Jan 2004

The Myth Of Separation: America's Historical Experience With Church And State, Patrick M. Garry

Hofstra Law Review

This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. Astate preference of one denomination over others was what was primarily thought to be an establishment of religion, as the Framers did not want to duplicate the English experience with the established Anglican church.

Late eighteenth century Americans agreed that government could provide special assistance to religion in general, as long as such assistance was given without any preference among sects. …

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To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix Jan 2004

To Gain The Whole World And Lose His Own Soul: Nineteenth-Century American Dueling As Public Law And Private Code, Alison L. Lacroix

Hofstra Law Review

The practice of dueling demolishes any happy notion that people are fundamentally the same regardless of the particular chronological moment in which they inhabit the world. Yet the duel flourished in the United States at least until the latter decades of the nineteenth century, when it died out in a regionally specific manner. This Article provides an antidote to static views of dueling by analyzing the duel as both a subject of legal regulation and a precursor to legal remedies for injuries to reputation. The duel carried profound public meaning; to duel was to perform the specific role of gentleman …

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Telecommuters And Their Virtual Existence In The Unemployment World, Beverly Reyes Jan 2004

Telecommuters And Their Virtual Existence In The Unemployment World, Beverly Reyes

Hofstra Law Review

No abstract provided.

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Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald Jan 2004

Secularizing The Sacrosanct: Defining "Sacred" For Native American Sacred Sites Protection Legislation, Amber L. Mcdonald

Hofstra Law Review

No abstract provided.

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Feasibility Of Localized Management To Control White-Tailed Deer In Forest Regeneration Areas, Tyler A. Campbell, Benjamin R. Laseter, W. Mark Ford, Karl V. Miller Jan 2004

Feasibility Of Localized Management To Control White-Tailed Deer In Forest Regeneration Areas, Tyler A. Campbell, Benjamin R. Laseter, W. Mark Ford, Karl V. Miller

United States Department of Agriculture Wildlife Services: Staff Publications

The deleterious effects of white-tailed deer (Odocoileus virginianus) on forest regeneration are well documented in many forested systems, but potential solutions to these problems on remote landholdings are limited in number and scope. Localized management proposes that a persistent area (<2 km2) of low density can be created by removing all individuals within matriarchal social groups of white-tailed deer. Our objective was to assess the feasibility of using localized management as a tool within forest regeneration areas. We present a comparison of seasonal home-range and core-area size and site fidelity of 148 radiomonitored female white-tailed deer in a forested landscape of the central Appalachians of West Virginia. We also characterized seasonal movements and dispersal. Adult female winter home-range size exceeded those of summer and autumn. Female deer displayed high fidelity, with home-range and core-area overlap being less in autumn than in summer or winter. Dispersal occurred in 1 of 28 (3.6%) female fawns and no deer >1 year old dispersed. Female white-tailed deer on our study site meet the a priori assumptions of localized management. We assert that experimental manipulations based on localized management concepts are prudent.

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Walking The Clinical Tightrope: Enhancing The Role Of Teacher, Jane H. Aiken Jan 2004

Walking The Clinical Tightrope: Enhancing The Role Of Teacher, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

The University of Maryland School of Law is celebrating thirty years of providing exceptional clinical education. Such occasions offer unique opportunities to reflect. In thirty years there has been a lot of growth and a lot of change. Some say that the change has detoured us from the ultimate goal of client service and access to justice. I say that the thirty years have changed us for the better. One thing that hasn't changed is that clinicians still have an abiding interest in dealing with social injustices and in playing a proactive role in ensuring a just society. Thirty years …

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Is Organizational Democracy Worth The Effort?, Jeffrey S. Harrison, R. Edward Freeman Jan 2004

Is Organizational Democracy Worth The Effort?, Jeffrey S. Harrison, R. Edward Freeman

Management Faculty Publications

Organizational democracy is frequently associated with increased employee involvement and satisfaction, higher levels of innovation, increased stakeholder commitment, and, ultimately, enhanced organizational performance. However, democratic processes can also absorb significant time and other organizational resources and bog down decisions, which may lead to reduced efficiency. This article summarizes the pros and cons of organizational democracy. It also introduces and integrates ideas from the three other articles in this special forum. In the end, we conclude that although the economic arguments for organizational democracy may be mixed, increased stakeholder participation in value creation and organizational governance can benefit both society and …

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Fables, Ruins, And The “Bell’Imperfetto” In The Art Of Dosso Dossi, Giancarlo Fiorenza Jan 2004

Fables, Ruins, And The “Bell’Imperfetto” In The Art Of Dosso Dossi, Giancarlo Fiorenza

Art and Design

No abstract provided.

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An Analysis Of The Reflection Component In The Epics Model Of Service Learning, Lynne A. Slivovsky, Frank R. Derego Jr., Carla B. Zoltowski, Leah H. Jamieson, William C. Oakes Jan 2004

An Analysis Of The Reflection Component In The Epics Model Of Service Learning, Lynne A. Slivovsky, Frank R. Derego Jr., Carla B. Zoltowski, Leah H. Jamieson, William C. Oakes

Evaluation/Reflection

Service learning is a pedagogy providing a structured environment for students to link service with course learning objectives. Key to the service learning experience is critical reflection. This gives students the opportunity to examine their coursework in the context of the service they provide to their community and, in a broader sense, the impact they can have on the world. Research has shown that students participating in service learning have a higher comprehension of the course material and also develop an awareness of their local community and the issues it faces. In engineering, there are many examples of service-learning programs …

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The European Convention On Human Rights And Counter-Terrorism, John Hedigan Jan 2004

The European Convention On Human Rights And Counter-Terrorism, John Hedigan

Fordham International Law Journal

No part of the world has more experience with terrorism than Europe. The response of the Council of Europe through the jurisprudence of the European Court of Human Rights to its experience of terrorism may therefore assist in the ongoing battle against terrorism. The European Convention reflects in many ways libertarian political and cultural values shared with the United States. Its interpretation by the Court in the light of counter-terrorist measures by concerned governments may therefore have some relevance in the United States.

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Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer Jan 2004

Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer

Fordham International Law Journal

The current climate of insecurity has in a sense presented an opportunity for those with restrictive immigration agendas to use a new vocabulary to advance long desired objectives as well as new policies that sacrifice fairness and negatively affect immigrants. The result has been a decline in due process and the undermining of basic protections of international refugee and human rights law, including: the prohibition on arbitrary detention, embodied in Article 9 of the International Covenant on Civil and Political Rights; the prohibition on returning a refugee to persecution, the cornerstone of the 1951 Convention Relating to the Status of …

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Vincentiana Vol. 48, No. 1 [Full Issue] Jan 2004

Vincentiana Vol. 48, No. 1 [Full Issue]

Vincentiana

No abstract provided.

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Guillaume Pouget And The Theological Renewal At The Turn Of The 20th Century, Erminio Antonello C.M. Jan 2004

Guillaume Pouget And The Theological Renewal At The Turn Of The 20th Century, Erminio Antonello C.M.

Vincentiana

No abstract provided.

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