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2004

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A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai Mar 2004

A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai

Brigham Young University Journal of Public Law

No abstract provided.


Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower Mar 2004

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower

Brigham Young University Journal of Public Law

No abstract provided.


Taming The Sharks: Towards A Cure For The High Cost Credit Market, Christopher L. Peterson Mar 2004

Taming The Sharks: Towards A Cure For The High Cost Credit Market, Christopher L. Peterson

University of Akron Press Publications

Taming the Sharks: Towards a Cure for the High Cost Credit Market chronicles the historic, economic, legal, and political factors breeding America’s feverish high cost debt industry. The ideas presented are novel, progressive, and controversial. Historians have long argued that interest rates provide a sort of economic and political health of nations. If true, the contemporary American market for credit shows troubling signs of distress. While Federal Reserve Board monetary policy has kept commercial and prime consumer interest rates low, the past two decades have seen explosive growth in an industry specializing in high-cost consumer debt. Payday loan outlet chains, …


Que Ondee Sola - March 2004, Yvonne Nieves Mar 2004

Que Ondee Sola - March 2004, Yvonne Nieves

Que Ondee Sola

Student publication founded in 1972, articles include: Special Section: 3 Women 3 Voices: Lourdes Luge Juanita Irrizary Frances Arpacio, A Pilgramage to Springfield, The Impact of US Militarism and Economic Policies on Women in the US and Around the World, Poetry, Elvira Alvarado, Twelve New Courses Proposed to the Mexican & Caribbean Studies Program, Analu Lopez Photographer, Nora Castaneda of Venezuela Women's Development Bank


Investing In The Dragon: Managing The Patent Versus Trade Secret Protection Decision For The Multinational Corporation In China, Robert Bejesky Mar 2004

Investing In The Dragon: Managing The Patent Versus Trade Secret Protection Decision For The Multinational Corporation In China, Robert Bejesky

Tulsa Journal of Comparative and International Law

No abstract provided.


West Meets East: A Discussiion Of European Union Enlargement And Human Rights, Jill Parker Mar 2004

West Meets East: A Discussiion Of European Union Enlargement And Human Rights, Jill Parker

Tulsa Journal of Comparative and International Law

No abstract provided.


Death Penalty, International Law, And Human Rights, The, John Paul Truskett Mar 2004

Death Penalty, International Law, And Human Rights, The, John Paul Truskett

Tulsa Journal of Comparative and International Law

No abstract provided.


Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus Mar 2004

Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus

Brigham Young University Journal of Public Law

No abstract provided.


Federal Court Adjudication Of State Prisoner Claims For Post-Conviction Dna Testing: A Bifurcated Approach, Dylan Ruga Mar 2004

Federal Court Adjudication Of State Prisoner Claims For Post-Conviction Dna Testing: A Bifurcated Approach, Dylan Ruga

The University of New Hampshire Law Review

[Excerpt] “Undoubtedly, there are innocent people in prison. Moreover, it is probable that the wrongly convicted, if given a chance to conduct DNA testing on evidence used against them at trial, could establish their innocence. […]

Part II of this Comment will examine the reasoning behind recent circuit court decisions concerning prisoners’ rights to post-conviction genetic testing. I will explain that a bifurcated approach is the appropriate paradigm for reviewing these claims and demonstrate why three of the four circuit courts erred in their analyses. This part also will review the Supreme Court decisions cited by the circuit courts and …


The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru Mar 2004

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

Cardozo Law Review

No abstract provided.


Working Together To Stop Domestic Violence: State-Community Partnerships And The Changing Meaning Of Public And Private, Kristin A. Kelly Mar 2004

Working Together To Stop Domestic Violence: State-Community Partnerships And The Changing Meaning Of Public And Private, Kristin A. Kelly

The Journal of Sociology & Social Welfare

The increasing reliance in the United States on state-community partner- ships to address social problems represents both new opportunities and new dangers. This article presents examples of both possibilities through a consideration of contemporary collaborations between state and nonstate actors in the development of a public response to domestic violence. This discussion provides the basis for an elaboration of a conceptual approach to public/private relationships that replaces the traditional dichotomy with a triangular relationship, of state, family and community. By improving on our ability to think through the complex relationships between these three spheres, it is argued that this model …


Family Group Conferencing In Child Welfare: Responsive And Regulatory Interfaces, Joan Pennell Mar 2004

Family Group Conferencing In Child Welfare: Responsive And Regulatory Interfaces, Joan Pennell

The Journal of Sociology & Social Welfare

A regulatory approach compels the child welfare worker to make decisions according to set procedures and prevents responding flexibly to families. Differential response is a way that child welfare is departing from legal formalism. One means is convening a family group conference (FGC) to develop a plan. John Braithwaite's regulatory pyramid assists in concep- tualizing differential response. This article reports a factor analysis of data on achievement of FGC objectives to elaborate three interfaces for fostering responsive regulation. Each interface keeps the family group at the center of planning while firmly maintaining their connections with community and government programs.


Families And The Republic, John Braithwaite Mar 2004

Families And The Republic, John Braithwaite

The Journal of Sociology & Social Welfare

Restorative and responsive justice can be a strategy of social work practice that builds democracy bottom-up by seeing families as building blocks of democracy and fonts of democratic sentiment. At the same time, because families are sites of the worst kinds of tyranny and the worst kinds of neglect, a rule of law is needed that imposes public human rights obligations on families. The republican ideal is that this rule of law that constrains people in families should come from the people. Restorative and responsive justice has a strategy for the justice of the people to bubble up into the …


Habeas, Section 1983, And Post-Conviction Access To Dna Evidence, Benjamin Vetter Mar 2004

Habeas, Section 1983, And Post-Conviction Access To Dna Evidence, Benjamin Vetter

University of Chicago Law Review

No abstract provided.


Decentralizing Hate: The Use Of Tort Litigation In Combating Organized Hate, Desire Edwards Mar 2004

Decentralizing Hate: The Use Of Tort Litigation In Combating Organized Hate, Desire Edwards

North Carolina Law Review

No abstract provided.


Place Of Work And Place Of Residence: Informal Hiring Networks And Labor Market Outcomes, Patrick Bayer, Stephen L. Ross, Giorgio Topa Mar 2004

Place Of Work And Place Of Residence: Informal Hiring Networks And Labor Market Outcomes, Patrick Bayer, Stephen L. Ross, Giorgio Topa

Economics Working Papers

We use a novel dataset and research design to empirically detect the effect of social interactions among neighbors on labor market outcomes. Specifically, using Census data that characterize residential and employment locations down to the city block, we examine whether individuals residing in the same block are more likely to work together than individuals in nearby but not identical blocks. We find significant evidence of social interactions operating at the block level: residing on the same versus nearby blocks increases the probability of working together by over 33 percent. The results also indicate that this referral effect is stronger when …


The Collegian (2004-03-01), Sonia Mejia Mar 2004

The Collegian (2004-03-01), Sonia Mejia

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 56, No. 21


The Douglas County Drug Court: Characteristics Of Participants, Case Outcomes And Recidivism, Cassia Spohn Mar 2004

The Douglas County Drug Court: Characteristics Of Participants, Case Outcomes And Recidivism, Cassia Spohn

Past Publications

The purpose of this report is to describe the characteristics of all offenders (N = 255) who were bound over to Douglas County District Court in 2001 and who were subsequently diverted to the Douglas County Drug Court. We present descriptive data on the characteristics of the drug court participants, focusing on their background characteristics and prior criminal record and on their case characteristics. We also present descriptive data on recidivism for drug court participants and for traditionally adjudicated offenders and compare the recidivism rates of these two groups of offenders, controlling for other predictors of the likelihood of recidivism.


Inside Unlv, Gian Galassi, Carol C. Harter, Kenneth E. Marks Mar 2004

Inside Unlv, Gian Galassi, Carol C. Harter, Kenneth E. Marks

Inside UNLV

No abstract provided.


Competing Concepts Of Immunity: The (R)Evolution Of The Head Of State Immunity Defense, Paul J. Toner Mar 2004

Competing Concepts Of Immunity: The (R)Evolution Of The Head Of State Immunity Defense, Paul J. Toner

Penn State Law Review (2003 - Present)

No abstract provided.


Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin Mar 2004

Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin

UF Law Faculty Publications

This Article addresses the problem of mindlessness in counseling, negotiating, and mediating, and offers potential solutions and recommendations for developing foundational capacities through training in mindfulness meditation.


Should Juvenile Adjudications Count As Convictions For Apprendi Purposes?, Kimberly Johnson Mar 2004

Should Juvenile Adjudications Count As Convictions For Apprendi Purposes?, Kimberly Johnson

Georgia State University Law Review

No abstract provided.


"The Insiders" For Gambling Lawsuits: Are The Games "Fair" And Will Casinos And Gambling Facilities Be Easy Targets For Blueprints For Rico And Other Causes Of Action?, John Warren Kindt Mar 2004

"The Insiders" For Gambling Lawsuits: Are The Games "Fair" And Will Casinos And Gambling Facilities Be Easy Targets For Blueprints For Rico And Other Causes Of Action?, John Warren Kindt

Mercer Law Review

As the insider Jeffrey Wigand came forward to rattle the U.S. tobacco industry, insiders within the U.S. and Australian gambling establishments began to go public as the twenty-first century began. By 2002 government officials, scholars, and social activists who were experts on the gambling industry believed that some of the next big industry lawsuits would be targeted at gambling facilities. Gambling opponents argued that casinos and gambling facilities fueled gambling addiction and pursued players who had gambling addiction problems, even after those players complained to the gambling facility and asked to be banned. Casino owners maintained that their industry was …


The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh Mar 2004

The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh

Faculty Scholarship

A justice system, and the processes located within it, ought to deliver justice. That seems simple enough. But, of course, delivering justice is never so simple. Justice and the systems that serve it are the creatures of context.

This Article considers mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article outlines how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation’s citizens as …


Pleas For Dna Testing: Why Lawmakers Should Amend State Post-Conviction Dna Testing Statutes To Apply To Prisoners Who Pled Guilty, Daina Borteck Mar 2004

Pleas For Dna Testing: Why Lawmakers Should Amend State Post-Conviction Dna Testing Statutes To Apply To Prisoners Who Pled Guilty, Daina Borteck

Cardozo Law Review

No abstract provided.


Is There A Winning Argument Against Excessive Rates For Collect Calls From Prisoners?, Madeleine Severin Mar 2004

Is There A Winning Argument Against Excessive Rates For Collect Calls From Prisoners?, Madeleine Severin

Cardozo Law Review

No abstract provided.


Perspective, Vol. 15, No. 3, Spring/Summer 2004, Eastern Washington University. Division Of University Relations. Mar 2004

Perspective, Vol. 15, No. 3, Spring/Summer 2004, Eastern Washington University. Division Of University Relations.

Alumni Publications

This issue focuses on the Men's Basketball team who won the NCAA Division I Men's Basketball Tournament. It includes stories of the players on the team, the coaches, and the impact the successful team had on the university for the 2003-2004 academic school year. This issue also contains articles on the opening of the State Government Digital Archives building, EWU strategic planning, and international students on campus.


Explaining Death Row's Population And Racial Composition, John H. Blume, Theodore Eisenberg, Martin T. Wells Mar 2004

Explaining Death Row's Population And Racial Composition, John H. Blume, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

Twenty-three years of murder and death sentence data show how murder demographics help explain death row populations. Nevada and Oklahoma are the most death-prone states; Texas's death sentence rate is below the national mean. Accounting for the race of murderers establishes that black representation on death row is lower than black representation in the population of murder offenders. This disproportion results from reluctance to seek or impose death in black defendant-black victim cases, which more than offsets eagerness to seek and impose death in black defendant-white victim cases. Death sentence rates in black defendant-white victim cases far exceed those in …


The Georgia Roundtable Discussion Model: Another Way To Approach Reforming Rape Laws, Andrea A. Curcio Mar 2004

The Georgia Roundtable Discussion Model: Another Way To Approach Reforming Rape Laws, Andrea A. Curcio

Georgia State University Law Review

No abstract provided.


Drum Majors For Justice - Leading The March Toward Social Justice, Gary Williams Mar 2004

Drum Majors For Justice - Leading The March Toward Social Justice, Gary Williams

Loyola of Los Angeles Law Review

No abstract provided.