Digital Commons Network^™

Can I Call Kimura Crazy? Ethical Tensions In Cultural Defense, Rashmi Goel

Seattle Journal for Social Justice

No abstract provided.

Grand Valley Forum, Volume 029, Number 14, November 1, 2004, Grand Valley State University

2004-2005, Volume 29

Grand Valley Forum is Grand Valley State's faculty and staff newsletter, published from 1976 to the present.

Neither Separate Nor Equal How Race-Sensitive Enforcement Of Criminal Laws Threatens To Undo Brown V. Board Of Education, Christian Haliburton

Seattle Journal for Social Justice

No abstract provided.

Volunteer Recruitment And Sustainability Assessment: United Youth Courts Of Alaska -- Final Report, André B. Rosay

Reports

In response to a request from United Youth Courts of Alaska, we conducted an assessment of volunteer recruitment and sustainability during the Seventh Annual Statewide Youth Court Conference held in November 2003 in Anchorage, AK. We conducted three simultaneous focus groups with a total of 22 youth court volunteers to assess the advantages and disadvantages of volunteering for youth courts and the benefits and costs of continuing to volunteer for youth courts. In particular, we asked youth court volunteers about ways to improve recruitment and sustainability. All youth court volunteers clearly enjoyed their volunteer experience and planned to continue volunteering. …

Bridge Across The Race-Class Chasm, Beth Roy

Peace and Conflict Studies

A Review of “Red, White, Black & Blue: A Dual Memoir of Race and Class in Appalachia” by William M. Drennen Jr. & Kojo (William T.) Jones Jr. (Ohio University Press, Athens, 2004)

Illuminations, Fall Issue, November 2004, Ucf Libraries

Libraries' Newsletters

No abstract provided.

The Pending Reinvigoration Of Boyd: Personal Papers Are Protected By The Privilege Against Self-Incrimination, Aaron M. Clemens

Northern Illinois University Law Review

This article delineates the extent that personal papers and diaries are protected against being used to incriminate a person who had been compelled to produce them. It examines the way the Fifth Amendment privilege has been interpreted by the United States Supreme Court in relation to personal papers, places this jurisprudence in context, and posits a conclusion based on the Court's recent trends. It concludes that the Court should not allow American law enforcement officials to compel examination of a person's personal papers yet prosecute this person based on these compelled disclosures.

Yes, Then No, Means No: Current Issues, Trends, And Problems In Post-Penetration Rape, Tiffany Bohn

Northern Illinois University Law Review

Post-penetration rape describes the scenario when, at some point after consensual intercourse begins, one of the participants asks that the intercourse cease and the other does not desist. This situation is one of the more recently recognized forms of acquaintance rape. This recognition comes with various nuances and complexities that have caused a split amongst courts regarding how to deal with it when it arises in criminal prosecutions. One significant concern in the recognition of post-penetration rape as a rape rather than a battery or other crime is the need to strike a balance between providing recourse in the justice …

Defamation Law And Free Speech: Reynolds V. Times Newspapers And The English Media, Andrew T. Kenyon, David F. Partlett, Clive P. Walker, Russell L. Weaver

Vanderbilt Journal of Transnational Law

The common law of defamation cut the balance between speech and reputation decisively in favor of reputation and allowed for the imposition of significant damages against media outlets that defamed. For the last four decades, U.S. media outlets have been insulated against the common law rules by the United States Supreme Court's landmark decision in New York Times Co. v. Sullivan. Following Sullivan, Commonwealth countries clung steadfastly to common law rules and are only now beginning to modify the common law rules to provide speech and media protections. Rather than following Sullivan by adopting constitutional protections, however, Commonwealth courts have …

Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar

San Diego Law Review

Looking back on forty-five years of law review writing, Professor Kamisar concludes that, to use George Orwell's words, he has been moved to write by "a sense of injustice" and the need to "expose" "some lie," e.g., the lie that the trial judge or the prosecuting attorney can be counted on to protect the rights of unrepresented defendants. He maintains further that law professors generally should feel an obligation to write because they can think through and research exhaustively any and every problem they meet along the way without worrying about billable hours and they can do so "under working …

Apocalyptic Terrorism: The Case For Preventive Action, Joseph Mcmillan

Strategic Forums

This policy brief examines the growing threat posed by apocalyptic, religiously motivated terrorist movements, particularly al Qaeda, and argues that their ideology, intent, and capabilities require a reassessment of international norms governing the use of force. Unlike earlier terrorist groups constrained by political objectives, apocalyptic terrorists seek mass casualties and reject traditional limits on violence, making purely reactive or law-enforcement approaches inadequate. The brief contends that under certain circumstances states must retain the ability to take preventive action, including military operations on foreign territory, when governments are unwilling or unable to suppress terrorist threats within their borders. Drawing on principles …

Barking Up The Wrong Tree: The Misplaced Furor Over The Feeney Amendment As A Threat To Judicial Independence, David P. Mason

William & Mary Law Review

No abstract provided.

Inside Unlv, Cate Weeks, Carol C. Harter, Holly Ivy De Vore, Gian Galassi, Diane Russell

Inside UNLV

No abstract provided.

Judicial Review Of Agency Inaction: An Arbitrariness Approach, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

This Article contends that the current law governing judicial review of agency inaction, though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative state. The Supreme Court's reluctance to allow judicial review of agency inaction reflects the popular view that agency decision-making should be subject foremost to the scrutiny of politically accountable officials. The difficulty is that even scholars who generally support this view of agency decision-making reject the Court's treatment of agency inaction. Yet these scholars have failed to appreciate the reason. The reason is that the founding principles of the …

The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responsibility-Entrapment Debate, Katrice L. Bridges

Michigan Law Review

This Note argues that Section 3El.1 of the Federal Sentencing Guidelines must be interpreted to allow defendants who claim entrapment at trial to remain eligible for the acceptance-of-responsibility adjustment. To interpret Section 3El.1 in any other way would run afoul of defendants' constitutional right to present a defense. Part I argues that the entrapment defense does not put factual guilt at issue; instead the entrapment defense challenges whether the statute should apply to the defendant's conduct. Part II contends that the legislative intent in creating the sentencing guidelines in general and the acceptance-of-responsibility adjustment in particular are furthered by requiring …

Drug Law Enforcement In Crisis: Cops On Steroids, Philip J. Sweitzer

DePaul Journal of Sports Law

No abstract provided.

Turning Girls Into Women: Re-Evaluating Modern Statutory Rape Law, Michelle Oberman

DePaul Journal of Health Care Law

No abstract provided.

Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman

DePaul Journal of Health Care Law

No abstract provided.

Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell

Duke Law Journal

No abstract provided.

The Interrelationship Between Gender-Based Violence And Hiv/Aids In South Africa, Chineze J. Onyejekwe

Journal of International Women's Studies

This paper focuses on how gender-based violence intersects with HIV/AIDS in ways too devastating to be ignored. Women’s subordinate position is linked to poverty, sexual abuse/rape, and the risk to women in long-term union. The country’s pioneering steps to establish legal and judicial frameworks for dealing with these problems are discussed.

Volume 29, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Shawn Tock, Jonathon Krashinsky, Michael Schalke, Nate Russell

Photo Editor: Mark Dunsmuir

Earmstrong, Armstrong Atlantic State University

Armstrong News & Publications: e-Armstrong Newsletter (Archived)

No abstract provided.

The Republican Model And Punitive Damages, David F. Partlett

San Diego Law Review

Fueled by complaints of outlandish punitive damage awards and a United States Supreme Court intent on bringing constitutional order to this corner of torts damages, a considerable literation has emerged. Commentators have examined the bases for the award of punitive damages and have applied empirical analysis to probe the legitimacy of popular criticism and the extent to which punitive damages fulfill the goals assigned to them. In this essay, I propose that punitive damages should be conceptualized in light of a republican theory of tort law with the jury as its central institution. This is ironic, since influential commentators and …

The Law Of Remedies In The Second Half Of The Twentieth Century: An Australian Perspective, Gary Davis, Michael Tilbury

San Diego Law Review

This Article examines the development of the law of Remedies in Australia during the second half of the twentieth century. The authors look at the general triumph of the compensation principle, the resurgence of equitable compensation, the statutory overlay of the common law, and conclude with issues for the twenty-first century.

Why We Write: Reflections On Legal Scholarship, Emily Sherwin

San Diego Law Review

In the Articles that follow, a group of extraordinarily successful legal scholars set out their thoughts on the enterprise of legal scholarship. Their conceptions of that enterprise vary widely. The range of their views, and of course, the very idea of a set of articles on why we write articles, suggests the uncertainty that affects the field. At the same time, most of the authors are reasonably optimistic about the value of scholarship about the law.

"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne

Vanderbilt Law Review

Professor Neuborne argues that we err in reading the Bill of Rights "in splendid isolation" as a randomly ordered set of clause-bound norms. Instead, he argues that the disciplined order and placement of the thirty-three ideas in the Bill of Rights, especially the six textual ideas united in the First Amendment, reveals a deep contextual structure imposed by the Founders that sheds important light on the meaning of the constitutional text. He argues that the "vertical" order of the first ten amendments, as well as the "horizontal" order of ideas within each amendment, provides important clues to a judge seeking …

The Courier, Volume 38, Issue 5, October 29, 2004, The Courier, College Of Dupage

The Courier

Stories:

Obama Speaks To College

Hitchens Explains Why Orwell Matters

How To Vote In Three Days, Or Not

Brown vs. Board Of Education Exhibit

Questioning Coach Hunter

People:

Barack Obama

Christopher Hitchens

Alan Keyes

Christine Cegelis

Gloria Sehor-Anderson

Jason Hunter

Rachel Widmer

The Bison, October 29, 2004

The Bison Newspapers

No abstract provided.

Lanthorn, Vol. 39, No. 11, October 28, 2004, Grand Valley State University

Volume 39, July 15, 2004 - June 16, 2005

Lanthorn is Grand Valley State's student newspaper, published from 1968 to the present.

Eastern Progress - 28 Oct 2004, Eastern Kentucky University

Eastern Progress 2004-2005

No abstract provided.