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2004

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A Legisprudential Analysis Of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be, Paul F. Kirgis Jan 2004

A Legisprudential Analysis Of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be, Paul F. Kirgis

Faculty Law Review Articles

In this article, I will suggest standards for use in assessing a proposed codification. Although the standards I will identify are useful for evaluating a proposed codification of privilege law, they are also more generally applicable. Indeed, I will use them to examine the codification of evidence law in general. First, I will ask whether, as a normative matter, the law of evidence should be codified. I will then focus on the individual rules of evidence, most notably the privilege rules, to draw conclusions about whether those standards are met.

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Wglt Program Guide, January-February, 2004, Illinois State University Jan 2004

Wglt Program Guide, January-February, 2004, Illinois State University

WGLT Program Guides

This guide details programming for WGLT, a public radio station owned by Illinois State University.

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Women's Voice, January/February 2004, Women's, Gender, And Sexuality Studies Program Jan 2004

Women's Voice, January/February 2004, Women's, Gender, And Sexuality Studies Program

Women's Voice (1991-2006)

No abstract provided.

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Critical Race Histories: In And Out, Darren Lenard Hutchinson Jan 2004

Critical Race Histories: In And Out, Darren Lenard Hutchinson

American University Law Review

No abstract provided.

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Legislators In The Classroom: Why State Legislatures Cannot Decide Higher Education Curricula, Laura A. Jeltema Jan 2004

Legislators In The Classroom: Why State Legislatures Cannot Decide Higher Education Curricula, Laura A. Jeltema

American University Law Review

No abstract provided.

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Adjudicating Beyond The Scope Of Ordinary Business: Why The Inaccessibility Test In Zubulake Unduly Stifles Cost-Shifting During Electronic Discovery, Jessica Lynn Repa Jan 2004

Adjudicating Beyond The Scope Of Ordinary Business: Why The Inaccessibility Test In Zubulake Unduly Stifles Cost-Shifting During Electronic Discovery, Jessica Lynn Repa

American University Law Review

No abstract provided.

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The Work-Family Conflict: Developing A Model Of Parental Accommodation In The Workplace, Debbie N. Kaminer Jan 2004

The Work-Family Conflict: Developing A Model Of Parental Accommodation In The Workplace, Debbie N. Kaminer

American University Law Review

No abstract provided.

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Sharing Sovereignty: Non-State Associations And The Limits Of State Power, Franklin G. Snyder Jan 2004

Sharing Sovereignty: Non-State Associations And The Limits Of State Power, Franklin G. Snyder

American University Law Review

No abstract provided.

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Balancing The Burden: The Constitutional Justification For Requiring The Government To Prove The Absence Of Mental Retardation Before Imposing The Death Penalty, Stephen B. Brauerman Jan 2004

Balancing The Burden: The Constitutional Justification For Requiring The Government To Prove The Absence Of Mental Retardation Before Imposing The Death Penalty, Stephen B. Brauerman

American University Law Review

No abstract provided.

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Usd Magazine Winter 2004 19.2, University Of San Diego Jan 2004

Usd Magazine Winter 2004 19.2, University Of San Diego

University of San Diego Magazine (1992- )

Features; Campus Almanac; Alumni Almanac; Faculty Almanac; Sports Almanac; Head of the Classes; A Day in the Park; Alumni Gallery/Class Notes; Alumni Regional Events; In Your Own Words; Calendar

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An Integer-Programming Model For Assigning Projects To Project Managers, Peerasit Patanakul, Dragan Milošević, Timothy R. Anderson Jan 2004

An Integer-Programming Model For Assigning Projects To Project Managers, Peerasit Patanakul, Dragan Milošević, Timothy R. Anderson

Engineering and Technology Management Faculty Publications and Presentations

This study proposes an integer-programming model as a systematic methodology for assigning projects to project managers (project manager assignments). This model is a valuable extension of the existing methodologies in the literature since it considers the strategic elements of an organization and organizational/personal limitations in project manager assignments in addition to project requirements and competencies of project managers as being considered in the existing methodologies. By using this proposed model, management can assign projects to project managers in a way that contributes to the project and organizational performance.

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Promoting Inclusion In Child Care Centers: Learning From Success, Jennifer R. Bradley, Shane Ama, Maria Gettman, Eileen M. Brennan, Peris W. Kibera Jan 2004

Promoting Inclusion In Child Care Centers: Learning From Success, Jennifer R. Bradley, Shane Ama, Maria Gettman, Eileen M. Brennan, Peris W. Kibera

School of Social Work Faculty Publications and Presentations

The purpose of this article is to share findings from research on nine child care centers that successfully provided child care for children with emotional and behavioral challenges alongside their peers without specific challenges (Brennan, Bradley, Ama, & Cawood, 2003). Following a brief overview of the research study, we focus a lens on the classroom, where staff selected and developed practices that included all children. The lens is then widened to view a broader picture of inclusion, such as the ways that the centers work with families, and the structure and culture of the organizations.

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No Child Left Behind: An Overview, Justin Wageman, Karin Bartoszuk Jan 2004

No Child Left Behind: An Overview, Justin Wageman, Karin Bartoszuk

FS Series – Family Science/HDFS

No abstract provided.

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Adequate Yearly Progress (Ayp) And No Child Left Behind, Justin Wageman, Karin Bartoszuk Jan 2004

Adequate Yearly Progress (Ayp) And No Child Left Behind, Justin Wageman, Karin Bartoszuk

FS Series – Family Science/HDFS

No abstract provided.

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Home Propagation Techniques, Ronald C. Smith Jan 2004

Home Propagation Techniques, Ronald C. Smith

H Series – Horticulture

No abstract provided.

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Adequate Yearly Progress (Ayp) And No Child Left Behind: What Could Ayp Mean For Your Child, School, And Community?, Justin Wageman, Karin Bartoszuk Jan 2004

Adequate Yearly Progress (Ayp) And No Child Left Behind: What Could Ayp Mean For Your Child, School, And Community?, Justin Wageman, Karin Bartoszuk

FS Series – Family Science/HDFS

No abstract provided.

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Space-Based Fundamental Research And The Itar: A Study In Vagueness, Overbreadth, And Prior Restraint, Rachel Lehmer Claus Jan 2004

Space-Based Fundamental Research And The Itar: A Study In Vagueness, Overbreadth, And Prior Restraint, Rachel Lehmer Claus

Santa Clara Journal of International Law

Fundamental research is openly conducted science and engineering research carried out at institutions of higher education in the United States. Faculty, students, collaborators and other researchers in these institutions engage in the free, constant and lively exchange of ideas with their peers in the U.S. and abroad. Based on changes made by Congress in 1999, universities operating in the public domain and carrying out unclassified space-based research in various disciplines may find that they are not allowed to involved foreign students, faculty and collaborators in the research unless they obtain an export license from the State department. Based on ITAR …

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The Problem Of Re-Acclimating Child Soldiers Into Society Assuming Peacekeeping Is Successful - Question & (And) Answer Session Jan 2004

The Problem Of Re-Acclimating Child Soldiers Into Society Assuming Peacekeeping Is Successful - Question & (And) Answer Session

Cornell International Law Journal

No abstract provided.

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Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport Jan 2004

Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport

Fordham International Law Journal

I have two goals in these remarks: to support Elshtain's Augustinian argument in her lecture that there can be no true peace with tyrannical regimes, and to critique the U.N. versus U.S. dichotomy that she employs in her most recent book, Just War Against Terror. This book was finished after September 11, 2001 and the war against the Taliban, but before the current U.S. administration began advocating a war to overthrow Hussein's dictatorship in Iraq. Yet the questions that her book raises have become even more relevant since the breakdown of our old alliances over the Iraq war.

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"I Expected Common Sense To Prevail": Vowles V. Evans, Amateur Rugby, And Referee Liability In The U.K., Erin Mcmurray Jan 2004

"I Expected Common Sense To Prevail": Vowles V. Evans, Amateur Rugby, And Referee Liability In The U.K., Erin Mcmurray

Brooklyn Journal of International Law

No abstract provided.

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The Human Rights Of Sexual Minorities In Africa, Sebastian Maguire Jan 2004

The Human Rights Of Sexual Minorities In Africa, Sebastian Maguire

California Western International Law Journal

No abstract provided.

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Defining Terms In The 1982 Law Of The Sea Convention Iii: The International Hydrographic Organization Ecdis Glossary, George K. Walker Jan 2004

Defining Terms In The 1982 Law Of The Sea Convention Iii: The International Hydrographic Organization Ecdis Glossary, George K. Walker

California Western International Law Journal

No abstract provided.

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Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas Burch Jan 2004

Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas Burch

Santa Clara Journal of International Law

While there are a number of disincentives that prevent states from participating in the nuclear black market, most of these deterrents do not apply to non-state actors. This article focuses on the difficulties this situation presents in a time of global terrorism. The author points out that terrorists already have the money, means and motive to build or purchase nuclear devises. In analyzing this issue the author proposes two options. First, member parties could amend one of all of several existing treaties of the subject. Second, the international community can draft a new treaty or convention on nuclear smuggling and …

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Resolving Trade Disputes, The Mechanisms Of Gatt/Wto Dispute Resolution, Daniel H. Erskine Jan 2004

Resolving Trade Disputes, The Mechanisms Of Gatt/Wto Dispute Resolution, Daniel H. Erskine

Santa Clara Journal of International Law

The World Trade Organization's Dispute Settlement Body grew out of decades of experience and the frustrations of sovereign nations regarding the method of settling international conflicts between states over tariff and trade issues. This article discusses the historical development of the World Trade Organization's dispute resolution system. The first section analyzes a number of agreements and proposals entered into and put forward during the period from 1947 through 1990. The second section addresses the instrument which inaugurates the World Trade Organization's current dispute settlement procedure and further describes a number of submissions by nations for improvements to the mechanism.

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The International Criminal Court's Quest To Protect Rape Victims Of Armed Conflict: Anonymity As The Solution, Sylvia Pieslak Jan 2004

The International Criminal Court's Quest To Protect Rape Victims Of Armed Conflict: Anonymity As The Solution, Sylvia Pieslak

Santa Clara Journal of International Law

In response to the use of rape as a wartime strategy, modern international criminal courts and tribunals have developed laws and customs to prosecute perpetrators while protecting victims and witnesses. This note addresses protection for rape victims by critically analyzing the statutes and rules of procedure and evidence for the International Criminal Court and the two war crimes tribunals, the ICTY and the ICTR. By comparing and contrasting the ICC provisions with the ICTY and ICTR, the author shows not only how the ICC created a more comprehensive victim protection program than the others, but also gives insights into the …

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The Utility Of Pro Bono Representation Of U.S.-Based Amicus Curiae In Non-U.S. And Multi-National Courts As A Means Of Advancing The Public Interest, Madeleine Schachter Jan 2004

The Utility Of Pro Bono Representation Of U.S.-Based Amicus Curiae In Non-U.S. And Multi-National Courts As A Means Of Advancing The Public Interest, Madeleine Schachter

Fordham International Law Journal

Among the myriad ways that the interests of underprivileged persons and groups can be protected and promoted, and other causes of public interest can be served, is through the participation by amicus curiae in litigation adjudicating relevant issues. Amici must "identify every person or entity, other than the amicus curiae, its members, or its counsel, who made a monetary contribution to the preparation or submission of the brief." An amicus who has been adversely affected as an individual by enforcement of a law that a corporate litigant is contesting may be able to poignantly present the law's ramifications through personal …

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What Challenges Do The Central European And Mediterranean States Face In Trying To Join The Third Stage Of European Monetary Union?, Andrej Fatur Jan 2004

What Challenges Do The Central European And Mediterranean States Face In Trying To Join The Third Stage Of European Monetary Union?, Andrej Fatur

Fordham International Law Journal

One of them is the need to satisfy the conditions of full membership in the Economic and Monetary Union ("EMU") and the adoption of the Euro as their official currency. The Article then sets out the procedure to join the system for coordinating national currency exchange rates to the Euro, called the Exchange Rate Mechanism II ("ERM II") and presents the economic situation in the new Member States in light of the convergence criteria. This gave birth to the so-called Pre-Accession Fiscal Surveillance Procedure ("PFSP"), which aims to prepare the new Member States for participation in the multilateral surveillance and …

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Constitutional Control Of European Elections: The Scope Of Judicial Review, Francis G. Jacobs Jan 2004

Constitutional Control Of European Elections: The Scope Of Judicial Review, Francis G. Jacobs

Fordham International Law Journal

The subject of this Article is the judicial review of elections at the European level, that is, judicial review of elections to the European Parliament. I will focus in particular on the division of jurisdiction between the European Court of Justice (“ECJ”) and the European Court of Human Rights (“ECHR”). Since the organization and conduct of those elections falls partly within the competence of the Member States and partly within the competence of the European Community (“EC”) Institutions, the subject provides a good illustration of the emerging system of constitutional review in Europe and of the respective functions within that …

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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.

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Legal Professional Privilege In Competition Proceedings Before The European Commission: Beyond The Cursory Glance, Eric Gippini-Fournier Jan 2004

Legal Professional Privilege In Competition Proceedings Before The European Commission: Beyond The Cursory Glance, Eric Gippini-Fournier

Fordham International Law Journal

Although set against the background of investigations by the European Commission in proceedings for the application of the main competition rules of the EU, the discussion remains at the level of broad principles. The driving notion of this article is that the basis and ratio for judicial recognition of a privileged communications doctrine in EU law must be defined explicitly, and that this definition may have important consequences as to the scope and practical administrability of the doctrine. Part I explores the principal rationales usually claimed for the privilege: the utilitarian view and the rights-based approach. This discussion serves as …

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