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2004

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Articles 1681 - 1710 of 2229

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The Predicament Of The Immigrant Victim/Defendant: “Vawa Diversion” And Other Considerations In Support Of Battered Women, Zelda B. Harris Jan 2004

The Predicament Of The Immigrant Victim/Defendant: “Vawa Diversion” And Other Considerations In Support Of Battered Women, Zelda B. Harris

Saint Louis University Public Law Review

No abstract provided.


A Man’S Home Is His Castle: How The Law Shelters Domestic Violence And Sexual Harassment, Beverly Balos Jan 2004

A Man’S Home Is His Castle: How The Law Shelters Domestic Violence And Sexual Harassment, Beverly Balos

Saint Louis University Public Law Review

No abstract provided.


So Much Activity, So Little Change: A Reply To The Critics Of Battered Women’S Self-Defense, Kit Kinports Jan 2004

So Much Activity, So Little Change: A Reply To The Critics Of Battered Women’S Self-Defense, Kit Kinports

Saint Louis University Public Law Review

No abstract provided.


Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary Beck Jan 2004

Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary Beck

Saint Louis University Public Law Review

No abstract provided.


True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries Jan 2004

True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries

Saint Louis University Public Law Review

No abstract provided.


Yielding To The Temptation To Open Pandora’S Box: The Ninth Circuit Creates A Circuit Split And Declares Ring V. Arizona Retroactive In Summerlin V. Stewart, Elizabeth A. Hunot Jan 2004

Yielding To The Temptation To Open Pandora’S Box: The Ninth Circuit Creates A Circuit Split And Declares Ring V. Arizona Retroactive In Summerlin V. Stewart, Elizabeth A. Hunot

Saint Louis University Public Law Review

No abstract provided.


Treatment Issues For Native Americans: An Overview Of Individual, Family, And Group Strategies, Cindy L. Juntunen, Paula M. Morin Jan 2004

Treatment Issues For Native Americans: An Overview Of Individual, Family, And Group Strategies, Cindy L. Juntunen, Paula M. Morin

Education, Health & Behavior Studies Faculty Publications

The need for improved counseling and mental health services for Native Americans is readily apparent. Several significant mental health concerns exist within the Native American population, including high rates of depression, suicide, substance use, and post-traumatic stress syndrome (Indian Health Services, 2001). In fact, the Indian Health Services (IHS) reports that mental health concerns account for more than one third of the demand for services from IHS facilities. However, there is a serious lack of resources for meeting these needs. Furthermore, an astounding lack of attention is paid to Native American issues in the professional counseling and psychological literature, which …


Inclusive Equality And New Forms Of Social Governance, Colleen Sheppard Jan 2004

Inclusive Equality And New Forms Of Social Governance, Colleen Sheppard

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

Uncertainty persists regarding the meaning and application of the constitutional right of substantive equality, due in part to the focus on assessing the very nebulous and open-ended concept of human dignity. After reviewing two recent equality rights cases that illustrate the continued unpredictability of outcomes, the author examines constitutional equality from a more macro-historical perspective. In particular, she highlights how conceptions of constitutional equality are integrally connected to changing understandings of the role of the state. Tracing the shift from formal to substantive equality, she suggests that the current formulation of substantive equality resonates best with the ideological and governance …


Combating Corporate Crime, Taylor Turner Jan 2004

Combating Corporate Crime, Taylor Turner

Brigham Young University Prelaw Review

No abstract provided.


Completing The Mandates Of The Ad Hoc International Criminal Tribunals: Lessons From The Nuremberg Process?, Daryl A. Mundis Jan 2004

Completing The Mandates Of The Ad Hoc International Criminal Tribunals: Lessons From The Nuremberg Process?, Daryl A. Mundis

Fordham International Law Journal

On September 2, 2004, the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (“ICTY”) filed a formal request for the transfer of the Ademi & Norac case to Croatia, pursuant to Rule 11 bis of the ICTY Rules of Procedure and Evidence (“ICTY RPE”). With this filing, the Prosecutor took an important and positive step towards giving effect to the completion strategy of the ICTY. This Article will discuss the steps taken by the ICTY and its sister institution, the International Criminal Tribunal for Rwanda (“ICTR”), to fulfill their mandates by focusing only on the most senior perpetrators …


Exponent Vol. 36, No. 9, 2004-11-10, University Of Alabama In Huntsville Jan 2004

Exponent Vol. 36, No. 9, 2004-11-10, University Of Alabama In Huntsville

2004

No abstract provided.


Instruct The Jury: Crane's "Serious Difficulty" Requirement And Due Process, Kenneth W. Gaines Jan 2004

Instruct The Jury: Crane's "Serious Difficulty" Requirement And Due Process, Kenneth W. Gaines

South Carolina Law Review

No abstract provided.


The Law's Hard Choice: Self-Inflicted Injustice Or Lawyer-Inflicted Indignity, Christopher Johnson Jan 2004

The Law's Hard Choice: Self-Inflicted Injustice Or Lawyer-Inflicted Indignity, Christopher Johnson

Kentucky Law Journal

No abstract provided.


Actually Less Guilty: The Extension Of The Actual Innocence Exception To The Sentencing Phase Of Non-Capital Cases, Matthew Mattingley Jan 2004

Actually Less Guilty: The Extension Of The Actual Innocence Exception To The Sentencing Phase Of Non-Capital Cases, Matthew Mattingley

Kentucky Law Journal

No abstract provided.


Burakugaku (Buraku Study): A Paradigm Shift For Education, Yoshikazu Kawamoto, Hidetada Shimizu Jan 2004

Burakugaku (Buraku Study): A Paradigm Shift For Education, Yoshikazu Kawamoto, Hidetada Shimizu

Mid-Western Educational Researcher

Burakumin, Japan’s largest minority group, have been discriminated against throughout Japanese history for engaging in jobs that were considered to be defiling, e.g., slaughterers, tanners, and undertakers. Specifically, burakumin played the social and occupational roles despised by the majority Japanese, but those without which the Japanese society as a whole could not maintain its viable function, i.e., actual and symbolic processes of recycling whereby those which are dead and polluted were transformed into living and holy. In recent years, however, some burakumin scholars have begun to recast their identities; instead of examining the problem of being burakumin (the deficit model), …


The Admissibility Of Tape Recordings In Criminal Trials Involving Domestic Disputes: California's Proposition 8 And Title Iii Of The Federal Omnibus Crime Control And Safe Streets Act, Lee Ashely Smith Jan 2004

The Admissibility Of Tape Recordings In Criminal Trials Involving Domestic Disputes: California's Proposition 8 And Title Iii Of The Federal Omnibus Crime Control And Safe Streets Act, Lee Ashely Smith

UC Law SF Journal on Gender and Justice

Domestic cases of eavesdropping and wiretapping pose a special problem for laws that were initially meant to govern police misconduct and espionage. California voters passed Proposition 8 but its passage led to many additional questions including whether the law truly champions victims' rights and whether it protects innocent defendants. Federal law, by comparison, sets a minimum standard of one-party consent for the admissibility of wiretap or eavesdropping evidence in criminal trials. This standard has been shown to permit parental wiretaps without allowing purely clandestine recording of another's activities, including spouses and domestic partners. In short, privacy rights are protected to …


Sexually Violent Predator Laws: Psychiatry In Service To A Morally Dubious Enterprise, Eric S. Janus Jan 2004

Sexually Violent Predator Laws: Psychiatry In Service To A Morally Dubious Enterprise, Eric S. Janus

Faculty Scholarship

This article discusses the role of psychiatrists in determining the treatment of sexually violent predators (SVP). Instead of being released at the end of their prison sentences, sex offenders in the USA who are judged mentally disordered and dangerous are being confined in secure "treatment facilities" for indeterminate terms. This novel and aggressive legislative tactic—embodied in US sexually violent predator laws—commandeers the traditional power of state mental health systems and puts it in service to a core function of the criminal justice system: the control of sexual violence. This transposition of "civil commitment" has forced psychiatry to legitimate and arbitrate …


Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf Jan 2004

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?


Belief In A Just World Among Undergraduates, Graduate Students, And Law Students, Joseph F Boetcher Jan 2004

Belief In A Just World Among Undergraduates, Graduate Students, And Law Students, Joseph F Boetcher

UNLV Retrospective Theses & Dissertations

Participants were 135 undergraduates, graduate students, and law students. They were compared on the strength of their belief in a just world. In addition, half the participants were primed with a word task that threatened their belief in a just world. It was hypothesized that the law students would exhibit a stronger belief in a just world than the other two educational groups, and that the primed participants would score higher in just world belief than the non-primed participants. Results failed to support the research hypotheses. Possible interpretations of the results are discussed, and recommendations for future research are offered.


A Contrast Of State And Federal Court Authority To Grant Habeas Relief, Laura Denvir Stith Jan 2004

A Contrast Of State And Federal Court Authority To Grant Habeas Relief, Laura Denvir Stith

Valparaiso University Law Review

No abstract provided.


Courting Death: 30 Years Since Furman, Is The Death Penalty Any Less Discriminatory? Looking At The Problem Of Jury Discretion In Capital Sentencing, Jill M. Cochran Jan 2004

Courting Death: 30 Years Since Furman, Is The Death Penalty Any Less Discriminatory? Looking At The Problem Of Jury Discretion In Capital Sentencing, Jill M. Cochran

Valparaiso University Law Review

No abstract provided.


Why Were Perry Mason's Clients Always Innocent? The Criminal Lawyer's Moral Dilemma―The Criminal Defendant Who Tells His Lawyer He Is Guilty, Randolph Braccialarghe Jan 2004

Why Were Perry Mason's Clients Always Innocent? The Criminal Lawyer's Moral Dilemma―The Criminal Defendant Who Tells His Lawyer He Is Guilty, Randolph Braccialarghe

Valparaiso University Law Review

No abstract provided.


Jury Nullification: A Selective, Annotated Bibliography, Teresa L. Conaway, Carol L. Mutz, Joann M. Ross Jan 2004

Jury Nullification: A Selective, Annotated Bibliography, Teresa L. Conaway, Carol L. Mutz, Joann M. Ross

Valparaiso University Law Review

No abstract provided.


The Reluctance Towards Retroactivity: The Retroactive Application Of Laws In Death Penalty Collateral Review Cases , Matthew R. Doherty Jan 2004

The Reluctance Towards Retroactivity: The Retroactive Application Of Laws In Death Penalty Collateral Review Cases , Matthew R. Doherty

Valparaiso University Law Review

No abstract provided.


A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer Jan 2004

A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

Part I of this Article considers the different voices and perspectives added to the judiciary by the appointment of minorities. Part II analyzes the many impacts of diversity on the bench, including greater judicial impartiality. Part III sets forth the arguments supporting a diverse jury pool and discusses how they inform the analysis of the quest for racial diversity among judges. Part IV outlines a principled approach to the pursuit of judicial diversity.


Racism As "The Nation's Crucial Sin": Theology And Derrick Bell, George H. Taylor Jan 2004

Racism As "The Nation's Crucial Sin": Theology And Derrick Bell, George H. Taylor

Michigan Journal of Race and Law

Part I develops Bell's thesis that racism is permanent, an ineradicable structure in American life. Bell's stance here is unrelenting and a direct and deep challenge to liberal notions of racial progress. This section draws out the social facts Bell provides about the status of Blacks in American society and examines Bell's argument for the continuing disparity between the races, particularly the claim that Whites hold on to a property in Whiteness. Part II analyzes Bell's call for action despite racism's permanence. Part III develops Niebuhr's theology of the possibility of action despite sin. Niebuhr too criticizes the liberal-and liberal …


Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider Jan 2004

Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider

Michigan Journal of Race and Law

Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …


Utb/Tsc Commencement – Winter 2004, University Of Texas At Brownsville, Texas Southmost College Jan 2004

Utb/Tsc Commencement – Winter 2004, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.


Recently Incarcerated Homeless Men's Opinions On Rehabilitation Programs, Heather Eleanor Mooney Jan 2004

Recently Incarcerated Homeless Men's Opinions On Rehabilitation Programs, Heather Eleanor Mooney

Senior Honors Theses and Projects

Homelessness and incarceration have been recognized as national social problems that affect millions every year. Currently, about one-third of homeless men have also been incarcerated. The existence the population of doubly marginalized homeless felons indicates a very serious deficit within the status quo. This study utilizes a grassroots qualitative approach to further understanding aspects of this social problem. A snowball sample was conducted in a medium sized city in a Great Lakes state homeless shelter. Research was collected through in-depth qualitative interviews with the recently incarcerated homeless men about their opinions and experiences of rehabilitation programs in prison. This study …


Women Representing Women's Interests In Congress, Carmen R. Allen Jan 2004

Women Representing Women's Interests In Congress, Carmen R. Allen

Masters Theses

Do congresswomen try to represent women's interests in Congress? Are congresswomen more likely than congressmen to sponsor bills dealing with women's issues? In the past, research has shown that women do seem to sponsor more legislation than men that deals directly with women. Research has also shown that women legislators feel that they are responsible for representing the interests of all women. This research looks at bill sponsorship in the U.S. House of Representatives during the 106th and 107th Congresses. The data from these two Congresses show that women do sponsor more women's issue legislation than men do. They also …