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2004

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The Ehb: Dep's Friend Or Foe - Environmental Hearing Board Review, William Hofmann, Steven Horst Jan 2004

The Ehb: Dep's Friend Or Foe - Environmental Hearing Board Review, William Hofmann, Steven Horst

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Three Essays On The Relationship Between Labor Disputes And Employee Performance: Dissertation Summary, Alexandre Mas Jan 2004

Three Essays On The Relationship Between Labor Disputes And Employee Performance: Dissertation Summary, Alexandre Mas

Dissertation Awards

Industrial relations events such as strikes, slowdowns, or work stoppages can have important economic consequences for firms. These episodes may impact firm-level measures of productivity and output, especially if workers refrain from producing. In cases where output is contractible, adverse conditions of employment may induce workers to lower effort in other dimensions of production, for example, through diminishing the quality of the product. However, a relationship between worker treatment and the quality of production has proved difficult to establish. Since quality is often unobserved or hard to measure, little is known about the impact of adverse labor relations on workers' …


Table Of Contents , Journal Of Law And Health Jan 2004

Table Of Contents , Journal Of Law And Health

Journal of Law and Health

No abstract provided.


The Police Power And The Takings Clause, D. Benjamin Barros Jan 2004

The Police Power And The Takings Clause, D. Benjamin Barros

University of Miami Law Review

No abstract provided.


The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel Jan 2004

The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel

Cleveland State Law Review

In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …


Contours And Chaos: A Proposal For Courts To Apply The Dangerous Patient Exception To The Psychotherapist-Patient Privilege, Brian P. Mckeever Jan 2004

Contours And Chaos: A Proposal For Courts To Apply The Dangerous Patient Exception To The Psychotherapist-Patient Privilege, Brian P. Mckeever

New Mexico Law Review

No abstract provided.


Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf Jan 2004

Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf

Fordham International Law Journal

I will focus my contribution on two distinct limitations on the Commision's investigative rights in competition proceedings: (i)legal professional privilege ; and (ii) the privilege against self-incrimination. My intervention is divided into two sections. The first section describes the evolution of these two privileges and their current scope. The second section focuses on the issues raised by the application of legal professional privilege and the privilege against self-incrimination within the framework of Regulation No. 1/2003.


The Special Court For Sierra Leone And The Juvenile Soldier Dilemma, Joshua A. Romero Jan 2004

The Special Court For Sierra Leone And The Juvenile Soldier Dilemma, Joshua A. Romero

Northwestern Journal of Human Rights

No abstract provided.


Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin Jan 2004

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.


The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell Jan 2004

The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …


Analysis And Integration Of A Debris Model In The Virtual Range Projec, Luis Robledo Jan 2004

Analysis And Integration Of A Debris Model In The Virtual Range Projec, Luis Robledo

Electronic Theses and Dissertations

After the accident of the STS 107 Columbia Space Shuttle, great concern has been focused on the risk associated to the population on the ground. Before this accident happened, re-entry routes as well as risk calculation of were not of public concern. Two issues that have been raised from this lamentable accident relate to spacecraft security and to public safety. The integration of a debris model has been part of the original conceptual architecture of the Virtual Range Project. Its integration has been considered as a specific research due to the complexity of the models and the difficulties to obtain …


The Roles Of Environmental Quality Act, Department Of Environment And Judges In The Prevention Of Environmental Pollution In Malaysia / Nahzatul Ain Mohd Khalid, Mohd Khalid Nahzatul Ain Jan 2004

The Roles Of Environmental Quality Act, Department Of Environment And Judges In The Prevention Of Environmental Pollution In Malaysia / Nahzatul Ain Mohd Khalid, Mohd Khalid Nahzatul Ain

Student Works (2000-2009)

This dissertation attempts o examine the effectiveness of the roles playe by the Environmental Quality Act, the Department of Environment and he Jud1c1ary in the prevention of environmental pollution in Malaysia It firs outlines the concept of environmen, t, environmental pollut1on,environmental law, sources and consequences of en ironmental pollution. One of the main focus of his dissertation is to assess he Environmental Quality Act 1974 and to discuss it's implementation problems in he background of constitutional provisions.


Putting The Gun Control Debate In Social Perspective , Erwin Chemerinsky Jan 2004

Putting The Gun Control Debate In Social Perspective , Erwin Chemerinsky

Fordham Law Review

No abstract provided.


Annual Report Town Of Dublin, New Hampshire For The Year Ending December 31, 2003., Dublin Town Representatives Jan 2004

Annual Report Town Of Dublin, New Hampshire For The Year Ending December 31, 2003., Dublin Town Representatives

Dublin, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman Jan 2004

The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman

Faculty Publications

No abstract provided.


Full Issue, Bird Observer Jan 2004

Full Issue, Bird Observer

Bird Observer

No abstract provided.


The Paradox Of Private Policing, Elizabeth E. Joh Jan 2004

The Paradox Of Private Policing, Elizabeth E. Joh

Journal of Criminal Law and Criminology

No abstract provided.


Faculty Excellence, University Of New Hampshire Jan 2004

Faculty Excellence, University Of New Hampshire

Faculty Excellence Awards

Each year, the University of New Hampshire selects a small number of its outstanding faculty for special recognition of their achievements in teaching, scholarship and service. Awards for Excellence in Teaching are given in each college and school, and university-wide awards recognize public service, research, teaching and engagement. This booklet details the year's award winners' accomplishments in short profiles with photographs and text.


Constitutional Legitimacy And Responsibility: Confronting Allegations Of Bias After Wewaykum Indian Band V. Canada, Adam M. Dodek Jan 2004

Constitutional Legitimacy And Responsibility: Confronting Allegations Of Bias After Wewaykum Indian Band V. Canada, Adam M. Dodek

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper reviews the unusual case of Wewaykum Indian Band v. Canada where a motion to vacate the judgment was brought after the Court had rendered a unanimous decision on the merits of the case. It was alleged that a reasonable apprehension of bias existed because of involvement that Justice Binnie (who authored the decision) had with this file while Associate Deputy Minister of Justice of Canada some 15 years earlier. In the first part of the paper, the author reviews the Supreme Court’s decision in Wewaykum, focusing on several key issues in the disqualification motion. In the second part …


Principled Remedial Discretion Under The Charter, Kent Roach Jan 2004

Principled Remedial Discretion Under The Charter, Kent Roach

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The first part of this paper outlines three different approaches to the exercise of remedial discretion under the Charter, namely the exercise of strong discretion, rule-based discretion and principled discretion. The Supreme Court’s decision in Doucet-Boudreau v. Nova Scotia is next examined as an example of how remedial discretion can be guided by general principles such as the need for an effective remedy and respect for institutional roles. The Court’s advance costs decision in British Columbia v. Okanagan Indian Band is examined from the perspective of all three models of discretion with an emphasis on the dangers of strong discretion …


Proportionality Between Crimes, Offenses, And Punishments, James Headley Jan 2004

Proportionality Between Crimes, Offenses, And Punishments, James Headley

St. Thomas Law Review

Blackstone said of the Roman Empire, after it embraced unjust laws, "and then the Empire Fell. The United States Supreme Court embraces unjust laws and is inconsistent regarding substantive due process and proportionality in criminal cases, and substantive due process and proportionality in civil cases. The Due Process Clause and the Eighth Amendment's prohibition against cruel and unusual punishment require proportionality and fairness, meaning that the punishment must fit the crime, and that the penalty must be appropriate to the offense. Throughout a long history of jurisprudence, the Supreme Court has developed or embraced two varying theories of due process …


Structural Diagnostics For Advanced Bridge Management, Akawut Siriruk Jan 2004

Structural Diagnostics For Advanced Bridge Management, Akawut Siriruk

Graduate Theses and Dissertations

No abstract provided.


Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell Jan 2004

Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

Times of emergency may justify certain restrictions on liberties, but the nature of the terrorist challenge calls for a much more measured and nuanced response. Al Qaeda is said to have cells operating in as many as sixty countries. Furthermore, Al Qaeda is best described as a decentralized network of extremist Islamic groups and individuals rather than a unified military organization. To reduce or eliminate the threat they pose requires the cooperation of the governments, police officers, and individual citizens in the countries where Al Qaeda linked individuals and groups operate. Such help is necessary to obtain intelligence, arrest, capture, …


Clergy, Sex, And The American Way, Raymond C. O'Brien Jan 2004

Clergy, Sex, And The American Way, Raymond C. O'Brien

Scholarly Articles

Part I of the Article discusses the two hundred year history of the Roman Catholic Church in America. Internationally the Church has over a billion members, but the American Church has distinctive characteristics that have allowed it to prosper and serve as a model for other nations.

Growth, involvement, wealth, and a nexus between being American and being Catholic evidenced by cooperation with civil authorities are among the characteristics. The Charter is now a marker in that history. Part II examines what happened to bring about the crisis of the sexual abuse of minors by clergy. In spite of the …


Redacting Race In The Quest Of Colorblind Justice: How Racial Privacy Legislation Subverts Antidiscrimination Laws, Chris Chambers Goodman Jan 2004

Redacting Race In The Quest Of Colorblind Justice: How Racial Privacy Legislation Subverts Antidiscrimination Laws, Chris Chambers Goodman

Marquette Law Review

No abstract provided.


Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein Jan 2004

Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein

Animal Law Review

This comment examines breed specific legislation—the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.


The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill Jan 2004

The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill

Seattle University Law Review

In Washington, precedent supports the application of a heightened level of appellate scrutiny to probationary conditions that infringe on fundamental liberties, but this scrutiny is often inconsistently applied and frequently heightened in name alone. This Comment argues that, because the justification for appellate court deference toward the trial courts' creation of probationary conditions has disappeared in the context of SOAP orders, appellate courts faced with such orders should more rigorously examine the trial court decisions. This heightened scrutiny is justified because SOAP orders infringe on the state-recognized right of intrastate travel. Further, based on an examination of the research on …


Bridgewater Magazine, Volume 15, Number 1, Fall 2004, Bridgewater State College Jan 2004

Bridgewater Magazine, Volume 15, Number 1, Fall 2004, Bridgewater State College

Bridgewater Magazine

Feature story covers wireless computing on campus and the new notebook computer requirement for students; also Alumni Profiles, College News, and Class Notes.


Journal Of The House Of Representatives State Of Colorado: Sixty-Fourth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly Jan 2004

Journal Of The House Of Representatives State Of Colorado: Sixty-Fourth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein Jan 2004

National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein

Articles

No abstract provided.