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Spartan Daily, September 22, 2004, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily (School of Journalism and Mass Communications)

Volume 123, Issue 17

Judges As Rulemakers, Larry A. Alexander, Emily Sherwin

University of San Diego Public Law and Legal Theory Research Paper Series

This essay analyzes and compares different approaches to the problem of legal precedent. If judges reasoned flawlessly, the ideal approach to precedent would give prior judicial opinions only the weight they naturally carry in moral reasoning. Given that judges are not perfect reasoners, the best approach to precedent is one that treats rules established in prior decisions as authoritative for later judges. In comparison to the natural model of precedent, a rule-based model minimizes error. A rule-based model is also superior to several popular attempts at compromise, which call on judges to reason from the results of prior cases or …

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …

Competency To Stand Trial On Trial, Grant H. Morris, Ansar M. Haroun, David Naimark

University of San Diego Public Law and Legal Theory Research Paper Series

This Article considers the legal standards for the determination of competency to stand trial, and whether those standards are understood and applied by psychiatrists and psychologists in the forensic evaluations they perform and in the judgments they make–judgments that are routinely accepted by trial courts as their own judgments. The Article traces the historical development of the competency construct and the development of two competency standards. One standard, used today in eight states that contain 25% of the population of the United States, requires that the defendant be able to assist counsel in the conduct of a defense “in a …

Prosecutorial Neutrality, Fred C. Zacharias, Bruce A. Green

University of San Diego Public Law and Legal Theory Research Paper Series

This Article examines the ideal of prosecutorial neutrality in an effort to determine its value as a measure of prosecutorial conduct. Commentators often have assumed that prosecutors should be “neutral” in making discretionary decisions or have criticized prosecutors for decisions that purportedly demonstrate a lack of neutrality. The notion of prosecutorial neutrality recalls the traditional conception of prosecutors as “quasi-judicial” officers and emphasizes the distinction between prosecutors and lawyers for private parties. But the specific meaning attributed to prosecutorial neutrality has varied depending on the context. The term refers to diverse, and potentially inconsistent, views of appropriate prosecutorial conduct. The …

The Tenuous Case For Conscience, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …

Ke Alaka'i, Vol. 70, No. 03 (2004-09-22), Brigham Young University Hawaii

Ke Alaka'i

No abstract provided.

Teaching Race Without A Critical Mass: Reflections On Affirmative Action And The Diversity Rationale, Kathryn R.L Rand, Steven Andrew Light

Journal of Legal Education

No abstract provided.

Undergraduate Curriculum And Academic Policy Minutes, September 22, 2004 And 2004-2005 Committee Member List

Undergraduate Curriculum and Academic Policy Committee Minutes

Committee member list from 2004-2005 and minutes from the Wright State University Faculty Senate Undergraduate Curriculum and Academic Policy Committee meeting held on September 22, 2004.

The Lumberjack, September 22, 2004

Cal Poly Humboldt's Student Newspaper

The student newspaper of Humboldt State University.

A Tournament Of Virtue, Lawrence B. Solum

University of San Diego Public Law and Legal Theory Research Paper Series

How ought we to select judges? One possibility is that each of us should campaign for the selection of judges who will transform our own values and interests into law. An alternative is to select judges for their possession of the judicial virtues - intelligence, wisdom, courage, and justice. Stephen Choi and Mitu Gulati reject both these options and argue instead for a tournament of judges - the selection of judges on the basis of measurable, objective criteria, which they claim point toward merit and away from patronage and politics. Choi and Gulati have gotten something exactly right: judges should …

The Hollowness Of The Harm Principle, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any inherent legal …

Crow's Nest, September 22, 2004, Crow's Nest Staff

Crow's Nest

The September 22, 2004, issue of the Crow's Nest.

On Collegiality, Michael L. Seigel

Journal of Legal Education

No abstract provided.

Race, Rankings, And The Part-Time Free Pass, Paul F. Kirgis

Journal of Legal Education

No abstract provided.

The Anchor, Volume 118.04: September 22, 2004, Hope College

The Anchor: 2004

The Anchor began in 1887 and was first issued weekly in 1914. Covering national and campus news alike, Hope College’s student-run newspaper has grown over the years to encompass over two-dozen editors, reporters, and staff. For much of The Anchor's history, the latest issue was distributed across campus each Wednesday throughout the academic school year (with few exceptions). In recent years The Anchor moved to monthly print issues and a more frequently updated website. The Anchor is now published in print twice per academic semester. Occasionally, the volume and/or issue numbering is irregular.

Illinois Wesleyan To Honor Four Alums At Homecoming 2004, Sherry Wallace

News and Events (Discontinued Series)

No abstract provided.

Iwu To Host First-Ever Mental Health Awareness Week, Chelsey Iaquinta

News and Events (Discontinued Series)

No abstract provided.

The George-Anne, Georgia Southern University

The George-Anne

• Police Officer and Child Die in Shootings at Pre-Kindergarten
• Campus
• National
• Opinions
• Classifieds
• Sports

09-21-04 (The Liberty Champion, Volume 22, Issue 3)

2004 -- 2005

No abstract provided.

Spartan Daily, September 21, 2004, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily (School of Journalism and Mass Communications)

Volume 123, Issue 16

Memorial Colloquium To Honor Dr. David Stenmark, September 21, 2004, Alyson Seligman

USF St. Petersburg Campus News and Press Releases

Announces a symposium to recognize the contributions of USFSP Professor David Stenmark.

Hagglund Wins First Distinguished Alumni Prize In Psychology, Staff

Browse All News

No abstract provided.

Mapk-Dependent Regulation Of Il-1-And Β-Adrenoreceptor-Induced Inflammatory Cytokine Production From Mast Cells: Implications For The Stress Response, David S. Chi, S. Matthew Fitzgerald, Shannon Pitts, Karen Cantor, Ellis King, Steve A. Lee, Shau Ku Huang, Guha Krishnaswamy

ETSU Faculty Works

Background: Catecholamines, such as epinephrine, are elaborated in stress responses, and mediate vasoconstriction to cause elevation in systemic vascular resistance and blood pressure. Our previous study has shown that IL-1 can induce mast cells to produce proinflammatory cytokines which are involved in atherogenesis. The aim of this study was to determine the effects of epinephrine on IL-1-induced proatherogenic cytokine production from mast cells. Results: Two ml of HMC-1 (0.75 × 106 cells/ml) were cultured with epinephrine (1 × 10-5 M) in the presence or absence of IL-1β (10 ng/ml) for 24 hrs. HMC-1 cultured alone produced none to trace amounts …

Daily Eastern News: September 21, 2004, Eastern Illinois University

September

No abstract provided.

The Hilltop 9-21-2004, Hilltop Staff

The Hilltop: 2000 - 2010

No abstract provided.

Essay On Community, Hubie Jones

New England Journal of Public Policy

Family and community are human organisms that are the bedrock of any society. They provide the sustenance, values, direction, and protection that make it possible for individuals who live in a defined location to prosper and thrive singularly and collectively. Community is the social structure that mediates between the individual resident and the state and private elites, guiding social transactions between these different worlds to advance and protect the interests and needs of individuals and groups within neighborhoods or local communities.

New Orleans Student Participating In The Rocky Horror Show, Leslie Boelter

News and Events (Discontinued Series)

No abstract provided.

Exploring The Relationship Between Accountability And Performance In Uk’S Private Finance Initiative, Istemi Demirag, Melvin J. Dubnick, M. Iqbal Khadaroo

Faculty Publications

There is growing evidence to suggest that accountability is implicated in New Public Management (NPM) reforms and performance measures. This paper explores and theorizes the nature of this ‘problematic’ relationship using four assumptions: warrantability, tractability, measurability and feasibility in the Private Finance Initiative (PFI) literature. We argue, using value for money (VFM) in PFI as a mechanism to connect accountability to performance, that the concept of accountability has lost its meaning through increased societal expectations, loss of trust to public authorities and their promises of accountability, and increasing conflict of objectives between public and private interest groups. We conclude that …

September 21, 2004, The Daily Mississippian

Daily Mississippian (all digitized issues)

No abstract provided.