Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2004

Discipline
Institution
Keyword
Publication
Publication Type

Articles 511 - 540 of 1792

Full-Text Articles in Entire DC Network

The Continuing Debate Over Tort Duty In New Mexico: The Role Of Foreseeability And Policy In Herrera V. Quality Pontiac, Quinn M. Bumgarner-Kirby Jul 2004

The Continuing Debate Over Tort Duty In New Mexico: The Role Of Foreseeability And Policy In Herrera V. Quality Pontiac, Quinn M. Bumgarner-Kirby

New Mexico Law Review

No abstract provided.


Complying With Nunez: The Necessary Procedure For Obtaining Forfeiture Of Property And Avoiding Double Jeopardy After State V. Esparza, Michelle R. Haubert-Barela Jul 2004

Complying With Nunez: The Necessary Procedure For Obtaining Forfeiture Of Property And Avoiding Double Jeopardy After State V. Esparza, Michelle R. Haubert-Barela

New Mexico Law Review

No abstract provided.


In Defense Of The "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein Jul 2004

In Defense Of The "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Brooklyn Law Review

No abstract provided.


Welcome To The Dark Side: Liberals Rediscover Federalism In The Wake Of The War On Terror, Ernest A. Young Jul 2004

Welcome To The Dark Side: Liberals Rediscover Federalism In The Wake Of The War On Terror, Ernest A. Young

Brooklyn Law Review

No abstract provided.


Court Review: Volume 41, Issue 2 - The Tyranny Of The “Or” Is The Threat To Judicial Independence, Not Problem-Solving Courts, Kevin S. Burke Jul 2004

Court Review: Volume 41, Issue 2 - The Tyranny Of The “Or” Is The Threat To Judicial Independence, Not Problem-Solving Courts, Kevin S. Burke

Court Review: Journal of the American Judges Association

If one values freedom, tolerance, and civil liberties, we live at a time when our planet is a dangerous place. Even if one accepts the notion that mankind is composed of decent and good human beings, not all societies place a premium on the values of freedom, tolerance, and civil liberties for all. While there are many factors that promote justice, judicial independence is the cornerstone to freedom and liberty. Now more than at other times in history, a strong, effective, and independent judiciary is imperative. Now more than ever, judges need to realize that maintaining an impartial independent judiciary …


Court Review: Volume 41, Issue 2 - Complete Issue Jul 2004

Court Review: Volume 41, Issue 2 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 41, Issue 2 - The Challenge Of Funding State Courts In Tough Fiscal Times, Michael L. Buenger Jul 2004

Court Review: Volume 41, Issue 2 - The Challenge Of Funding State Courts In Tough Fiscal Times, Michael L. Buenger

Court Review: Journal of the American Judges Association

It has been described as the worst state fiscal crisis since the end of World War II, with officials from across the country likening it to a “perfect storm,” “the Incredible Hulk of budget deficits,” and a “problem of historic proportions.” Beginning in 2001, almost every state experienced a deep fiscal crisis that placed funding of critical services in jeopardy and rendered many previously hallowed programs subject to draconian cuts, if not outright elimination. The fiscal crisis was particularly traumatic for court systems receiving all or a significant portion of their funding directly from state governments.

In response to the …


A Deep Breath Before The Plunge: Undoing Miranda's Failure Before It's Too Late, Benjamin D. Cunningham Jul 2004

A Deep Breath Before The Plunge: Undoing Miranda's Failure Before It's Too Late, Benjamin D. Cunningham

Mercer Law Review

The Supreme Court's decision in Miranda v. Arizona has been and will be a lightning rod for controversy so long as it remains in effect. The decision has been lauded for its apparent protection of individual dignity from overzealous police and criticized as an unwarranted shackle on legitimate law enforcement techniques. Nevertheless, Miranda has weathered the storms and, thanks to the Supreme Court's decision in Dickerson v. United States, has endured. Unknown to most proponents or detractors, however, Miranda has had little effect on what actually occurs during police interrogations. The reasons for this are varied. First, by creating …


Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr. Jul 2004

Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.

South Carolina Law Review

No abstract provided.


The New Role Of Secret Settlements In The South Carolina Justice System, Jean Hoefer Toal, Bratton Riles Jul 2004

The New Role Of Secret Settlements In The South Carolina Justice System, Jean Hoefer Toal, Bratton Riles

South Carolina Law Review

No abstract provided.


Rethinking The Universal Structure Of Criminal Law, Francisco Munoz Conde Jul 2004

Rethinking The Universal Structure Of Criminal Law, Francisco Munoz Conde

Tulsa Law Review

No abstract provided.


The Inherent Flaws In The Inherent Authority Position: Why Inviting Local Enforcement Of Immigration Laws Violates The Constitution, Immigr. & Nat'lity L. Rev., Huyen Pham Jul 2004

The Inherent Flaws In The Inherent Authority Position: Why Inviting Local Enforcement Of Immigration Laws Violates The Constitution, Immigr. & Nat'lity L. Rev., Huyen Pham

Faculty Scholarship

After 9/11, Attorney General John Ashcroft announced that state and local authorities have "inherent authority" as sovereigns to enforce federal immigration laws. This announcement, a reversal from previous legal positions taken by DOJ, sent shockwaves through the immigrant and law enforcement communities. Previously, immigration law had been treated, both by law and in practice, as the exclusive province of the federal government.

This article considers the constitutional barriers to local enforcement. Although the fascinating interplay among immigration law, national security and anti-terrorism, and federalism has been highlighted in some of the debate up to now, the federalism-related issues go beyond …


Thinking Outside The Box: Considering Transparency, Anonymity, And Pseudonymity As Overall Solutions To The Problems Of Information Privacy In The Internet Society, Tal Z. Zarsky Jul 2004

Thinking Outside The Box: Considering Transparency, Anonymity, And Pseudonymity As Overall Solutions To The Problems Of Information Privacy In The Internet Society, Tal Z. Zarsky

University of Miami Law Review

No abstract provided.


Secret Police And The Mysterious Case Of The Missing Tort Claims, Marc L. Miller, Ronald F. Wright Jul 2004

Secret Police And The Mysterious Case Of The Missing Tort Claims, Marc L. Miller, Ronald F. Wright

Buffalo Law Review

No abstract provided.


The State Of American Federalism, 2003-2004: Polarized Politics And Federalist Principles, Dale Krane Jul 2004

The State Of American Federalism, 2003-2004: Polarized Politics And Federalist Principles, Dale Krane

Public Administration Faculty Publications

By Bush's third year in office, the nation was embroiled in three wars overseas and a political war at home. The progress made toward a functioning Iraqi government was eclipsed by violent resistance and by administrative scandals. The 9/11 Commission hearings uncovered “missed opportunities” in intelligence and repudiated the two principal reasons for the invasion of Iraq. Slow job growth, rising prices for energy and health care, and fears over outsourcing dragged the president's approval ratings to new lows. Senator John Kerry emerged from a large group of Democrats to become the party's putative nominee, and both he and the …


Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne Jul 2004

Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne

Cardozo Journal of International and Comparative Law

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …


Equality Of Opportunity In The Regulatory Age: Why Yesterday's Rationality Review Isn't Enough, Timothy Sandefur Jul 2004

Equality Of Opportunity In The Regulatory Age: Why Yesterday's Rationality Review Isn't Enough, Timothy Sandefur

Northern Illinois University Law Review

When entrenched business interests, or any other faction, uses government to prevent competition and protect their own profits, they engage in precisely the behavior that the Equal Protection Clause was intended to prohibit: preferring one group over another on some basis other than individual merit. Because of this, the author argues that courts should employ a skeptical scrutiny to the inequalities caused or maintained by government regulation and protect the equal right of all Americans to pursue happiness.


Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore Jul 2004

Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore

South Carolina Law Review

No abstract provided.


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

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

South Carolina Law Review

No abstract provided.


Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr. Jul 2004

Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr.

South Carolina Law Review

No abstract provided.


The Laudable South Carolina Court Rules Must Be Broadened, Richard A. Zitrin Jul 2004

The Laudable South Carolina Court Rules Must Be Broadened, Richard A. Zitrin

South Carolina Law Review

No abstract provided.


The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo Jul 2004

The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo

Campbell Law Review

This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …


There Is A Porn Store In Mr. Roger's Neighborhood: Will You Be Their Neighbor? How To Apply Residential Use Restrictive Covenants To Modern Home Businesses, Drew Lucas Jul 2004

There Is A Porn Store In Mr. Roger's Neighborhood: Will You Be Their Neighbor? How To Apply Residential Use Restrictive Covenants To Modern Home Businesses, Drew Lucas

Campbell Law Review

No abstract provided.


Inside Unlv, Holly Ivy De Vore, Carol C. Harter, Stuart Mann Jul 2004

Inside Unlv, Holly Ivy De Vore, Carol C. Harter, Stuart Mann

Inside UNLV

No abstract provided.


1.0 Mission Statement, History, General Organization And Governance Of Saint Mary’S College, Saint Mary's College Of California Jul 2004

1.0 Mission Statement, History, General Organization And Governance Of Saint Mary’S College, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


4.0 Administrative Policies, Services, Facilities, Saint Mary's College Of California Jul 2004

4.0 Administrative Policies, Services, Facilities, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


Revisions 2004-2005, Saint Mary's College Of California Jul 2004

Revisions 2004-2005, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


Index, Saint Mary's College Of California Jul 2004

Index, Saint Mary's College Of California

Faculty Handbook

No abstract provided.


Support For Microenterprise As Asset-Building: Concepts, Good Practices, And Measurement, Mark Schreiner Jul 2004

Support For Microenterprise As Asset-Building: Concepts, Good Practices, And Measurement, Mark Schreiner

Center for Social Development Research

This paper proposes that building assets—be they human, financial, or social—plays a fundamental role on the development of microenterprise, that is, very small businesses owned by people of modest means. This new view expands beyond the current focus on training and loans to include savings services and networks of social capital. This is useful because most new ventures depend more on savings than on loans and because social networks are key—if invisible—business assets that people of modest means often lack. The outputs of microenterprise-support programs and the intermediate and final outcomes of self-employment can also be seen (and measured) in …


Mexicans March To Protest Kidnappings, Drug Violence, Other Crimes, Ladb Staff Jun 2004

Mexicans March To Protest Kidnappings, Drug Violence, Other Crimes, Ladb Staff

SourceMex

No abstract provided.