Digital Commons Network^™

The Priority Of Morality: The Emergency Constitution's Blind Spot, David Cole

Georgetown Law Faculty Publications and Other Works

Three aspects of Bruce Ackerman’s thesis, which is a proposal to legitimate the practice of suspicionless preventive detention during emergencies, are discussed in this essay—its premises, its efficacy, and its morality. Part I critiques three of Ackerman’s premises—his underestimation of courts and overestimation of legislatures as guardians of liberty, his misguided belief that the supermajoritarian escalator provides a one-size-fits-all solution to the conundrum of emergency powers, and his contention that the short-lived character of emergencies makes it sensible to cede to a minority of our popular representatives control over critically important and largely unpredictable decisions concerning the appropriate duration of …

Beyond Blakely, Nancy J. King, Susan Riva Klein

Vanderbilt Law School Faculty Publications

Federal criminal sentencing in the wake of Blakely v. Washington is, to put it charitably, a mess. In holding that Blakely's sentence under the Washington State Sentencing Guidelines was imposed in a manner inconsistent with the Sixth Amendment right to a jury trial, the decision threatens the operation of the Federal Sentencing Guidelines and the presumptive sentencing systems in fourteen states. In Parts I and II of this article, we address how Blakely has affected the Federal Sentencing Guidelines, and how assistant U.S. attorneys, federal public defenders, and district and appellate court judges might proceed in a post-Blakely world. In …

Predators Or Prey: Mandatory Listing Of Non-Predatory Offenders On Predatory Offender Registries, Marissa Ceglian

Journal of Law and Policy

No abstract provided.

Tribal Courts And Federal Sentencing, Kevin Washburn

Faculty Scholarship

In light of the overwhelming acceptance of the norm of tribal self-governance in federal Indian policy, the Commission's decision not to credit the legitimate work of tribal courts in adjudicating misdemeanor sentences is surprising. This article critically evaluates this peculiar and unexplained policy. Part I describes the current federal policy toward tribal governments with particular emphasis on tribal courts and explains the role of tribal courts in the unique federal criminal justice regime that governs Indian country. Part II describes the Federal Sentencing Guidelines with particular attention to the provisions on criminal history. Part II also evaluates the Commission's current …

An Empirical Analysis Of Internal Control Weaknesses Under Sas No. 78: An Examination Of State Audit Reports, Edmund J. Boyle, Steven M. Cooper, Marshall A. Geiger

Accounting Faculty Publications

While there has been a considerable amount of research regarding internal control over the past several years, scant empirical research has examined SAS No. 78's integrated five-component depiction of internal control in a government setting. In particular, to our knowledge, no study has assessed the types or frequency of weaknesses under the SAS No. 78 framework using actual internal control system findings. In this study, we examine 32 state department and agency internal control reports to assess how well the theoretical framework captures actual system weaknesses, and to determine the relative distribution of weaknesses across components of the framework.

Our …

Defense-Oriented Judges, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In this essay, I argue in favor of so-called "defense-oriented judges." Instead of the increasingly prosecution-oriented judicial aspirants who ascend to the bench, we need more judges who care about protecting the rights of the accused, who will put the government to the test, and who have some compassion for those who come before them. Instead of judges who are nothing more than rubber-stamps for prosecutors, deferring to prosecutors at every step because they believe most defendants are in fact guilty, or because they dislike defense lawyers, we need judges who are truly neutral and disinterested. Instead of judges who …

A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White

Publications

No abstract provided.

Fidelity In Context: John Courtney Murray (1904-1967), Thomas Hughson

Theology Faculty Research and Publications

No abstract provided.

The Theology Of The Blaine Amendments, Richard W. Garnett

Journal Articles

The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom.

First, the Article considers what might be called the federalism defense of the provisions. …

Report Of William & Mary Marshall-Wythe School Of Law 2003-2004, William & Mary Law School

Annual Report

No abstract provided.

2004 Meeting Minutes, Morehead State University. Staff Congress.

Staff Congress Records

Staff Congress meeting minutes for 2004.

Components Of Armed Forces Basic Training And A Correctional Boot Camp: An Analysis, Lara B. Von Tersch

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

2004-2005 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2004-2005 graduate catalog for Morehead State University.

"What Is A Kamisar?", Wayne R. Lafave

Michigan Law Review

My good and old friend Yale Kamisar is said to be "retiring" after a remarkable life in academe spanning almost half a century. I deem it my extraordinary good fortune to have been able to count Yale as a friend for thirty-seven of those years (not that we were enemies the rest of the time), and to have been able to serve as a collaborator of his, working together in the vineyards of the law, for virtually the entirety of our acquaintance. And thus I am especially delighted to have this opportunity to offer up a "fair and balanced" appraisal …

Publications By Professor Yale Kamisar, Michigan Law Review

Michigan Law Review

A bibliography of publications by Yale Kamisar.

The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave

Michigan Law Review

Yale Kamisar, about which I have said too much elsewhere in this issue of the Review, could rightly be called "Mr. Confessions," for he has not only authored books and a host of articles on the subject of police interrogation, but for years has been printing Miranda cards in his basement and selling them to police departments all across the nation. Moreover, he may be the only law professor in the country who has both personally coerced a confession and had a confession coerced out of him. As Kamisar has himself noted, my own "intellectual sandbox" has been the …

State Of Utah, Plaintiff And Petitioner, V. Tan Ja Rynhart, Defendant And Respondent.: Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

STATE OF UTAH, Plaintiff/Petitioner, v. TAN JA RYNHART, Defendant/Respondent. Case No. 20040115-SC BRIEF OF PETITIONER ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS

Ralph Leroy Menzies V. Hank Galetka : Opening Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is the opening brief of appellant in a capital post-conviction case presided over by the Honorable Raymond S. Uno and Pat B. Brian, Judges of the Third District Court, Salt Lake County, State of Utah.

The View Condominium Owners Association, A Utah Condominium Association V. Msico, L.L.C., A Utah Limited Liability Company; The Town Of Alta, A Political Subdivison Of The State Of Utah, And John Does 1 Through 10: Brief Of Cross-Petitioner And Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals, Case No. 20020746-CA On Appeal From the Third Judicial District Court, Salt Lake County Case No. 000910067PD, Honorable Michael K. Burton

How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Securing Our Children’S Future: New Approaches To Juvenile Justice And Youth Violence, J. Herbie Difonzo

Hofstra Law Faculty Scholarship

Reviews the book "Securing Our Children's Future: New Approaches to Juvenile Justice and Youth Violence," by Gary S. Katzmann.

2004-2005 Risd Course Announcement, Risd Registrar's Office, Risd Archives

RISD Course Catalogs / Announcements

No abstract provided.

Closing Pandora's Box: Sexual Predators And The Politics Of Sexual Violence, Eric S. Janus

Seton Hall Law Review

No abstract provided.

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

Articles

Part I of this Article details the historical development and medical achievements made possible by vaccines. From Edward Jenner to Jonas Salk to Albert Sabin, immense strides have been made in eradicating or substantially eliminating some of the worst diseases in human history. Smallpox, polio, measles, mumps, rubella, diphtheria, pertussis, tetanus, influenza, hepatitis A and B, and even the chicken pox are all now largely preventable.

Literally hundreds of millions of deaths have been avoided and many more lives markedly improved, to say nothing of the financial ramifications for the American healthcare system. All fifty states have therefore enacted compulsory …

Disclosure Of Protected Health Information In South Dakota After Hipaa, Monte Walz, Michele Crissman

South Dakota Law Review

No abstract provided.

Staff Council Meeting Minutes, Georgia Southern University, Staff Council

Staff Council Meeting Minutes & Agendas

No abstract provided.

Crime, Law, And The Community: Dynamics Of Incarceration In New York City, Jeffrey A. Fagan

Faculty Scholarship

Random Family (LeBlanc 2003) tells the story of a tangled family and social network of young people in New York City in which prison threads through their lives since childhood. Early on, we meet a young man named Cesar, who sold small amounts of crack and heroin in the streets near his home in the Bronx. During one of his many spells in jail, Cesar sees his father pushing a cafeteria cart in the Rikers Island Correctional Facility, New York City’s jail. Cesar had not seen his father in many years, but he was not very surprised to see him …

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt

Faculty Scholarship

Say the words "gun registration" to many Americans – especially pro-gun Americans, including the 3.5 million-plus members of the National Rifle Association ("NRA") – and you are likely to hear about Adolf Hitler, Nazi gun laws, gun confiscation, and the Holocaust. More specifically, you are likely to hear that one of the first things that Hitler did when he seized power was to impose strict gun registration requirements that enabled him to identify gun owners and then to confiscate all guns, effectively disarming his opponents and paving the way for the genocide of the Jewish population. "German firearm laws and …

Summary Of Stratosphere Gaming Corp. V. Las Vegas, 120 Nev. Adv. Rep. 59, Z. Ryan Pahnke

Nevada Supreme Court Summaries

Appeal challenging the Las Vegas City Council’s denial of Stratosphere’s site development plan application to develop a proposed ride. Stratosphere petitioned the district court for a writ of mandamus which was denied and filed a complaint for declaratory relief which was dismissed.

Use Of Herbal Medications By Patients In A Conventional Health Care Setting: A Health Education Challenge, Jill Delaubenfels

Graduate Research Papers

The use of herbal medication is growing rapidly in the United States, but use of herbal medication is not without risk. This is a veritable mine field of health care risks. The federal regulation of herbal medicine as a dietary supplement raises safety and efficacy concerns. The American public lacks knowledge of herbal medicines, often believing that "natural" means "safe". Patients who combine the use of herbal medicine with conventional medicine pose challenges for health care providers. Is the health care provider aware of their patient's use of herbal medication? Is the health care provider adequately educated on the safe …