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2004

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Articles 1951 - 1980 of 2229

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There's Madness In The Method: A Commentary On Law, Statistics, And The Nature Of Legal Education, Steven B. Dow Jan 2004

There's Madness In The Method: A Commentary On Law, Statistics, And The Nature Of Legal Education, Steven B. Dow

Oklahoma Law Review

No abstract provided.


State Of Utah V. Penny Jo Wallace : Brief Of Appellant, Utah Court Of Appeals Jan 2004

State Of Utah V. Penny Jo Wallace : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

APPEAL FROM A CONVICTION OF POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE, A SECOND DEGREE FELONY, POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE, A THIRD DEGREE FELONY, AND POSSESSION OF DRUG PARAPHERNALIA A CLASS B MISDEMEANOR


Von Lester Taylor V. The State Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2004

Von Lester Taylor V. The State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This is the opening brief of Appellant in a capital post-conviction case presided over by the Honorable Frank G. Noel, Judge of the Third District Court, Summit County, State of Utah.


State Of Utah V. Ronald Kent Jacobsen : Brief Of Appellant, Utah Court Of Appeals Jan 2004

State Of Utah V. Ronald Kent Jacobsen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Sentence, Judgment, and Commitment entered on April 21, 2004, in the Second District Court, Davis County, the Honorable Darwin C. Hansen, presiding.


By The Book: Interpreting An Intake In A County Jail, Digiterp Communications Jan 2004

By The Book: Interpreting An Intake In A County Jail, Digiterp Communications

Course Materials

Guide to ASL interpreting for the booking of a person into a county jail, including consideration of how to prepare for entering the facility and what to expect in the interpreting situation.


Vulcan Historical Review 8 (Complete Issue), Vulcan Historical Review Staff Jan 2004

Vulcan Historical Review 8 (Complete Issue), Vulcan Historical Review Staff

Vulcan Historical Review

No abstract provided.


Contrasting The Prosecution Of Witness Tampering Under 18 U.S.C. Sec. 1503 And 18 U.S.C. Sec. 1512: Why Sec. 1512 Better Serves The Government At Trial, Brian M. Haney Jan 2004

Contrasting The Prosecution Of Witness Tampering Under 18 U.S.C. Sec. 1503 And 18 U.S.C. Sec. 1512: Why Sec. 1512 Better Serves The Government At Trial, Brian M. Haney

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Dream Team Or Evidentiary Nightmare: Defining When A Government Agency Is Part Of The Prosecution Team, Carole Gordon Rapoport Jan 2004

Dream Team Or Evidentiary Nightmare: Defining When A Government Agency Is Part Of The Prosecution Team, Carole Gordon Rapoport

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Use Of Secret Evidence By Government Lawyers: Balancing Defendants' Rights With National Security Concerns, Tracy L. Conn Jan 2004

Use Of Secret Evidence By Government Lawyers: Balancing Defendants' Rights With National Security Concerns, Tracy L. Conn

Cleveland State Law Review

The ability to use secret evidence in trials involving national security matters is an extremely controversial power of the government lawyer. Although the use of secret evidence was a divisive issue before September 11, 2001, the terrorist attacks that day sparked the passage of new legislation that increased the power of the government lawyer to use classified evidence. By examining the cases involving secret evidence both before and after September 11, in particular the case of Zacarias Moussaoui, it becomes apparent that what is at stake is the appropriate balance between national security concerns and the constitutional rights of defendants. …


Cupola, 2004, Western New England College Jan 2004

Cupola, 2004, Western New England College

Yearbooks

Western New England University was founded in 1919 as the Springfield Division of Northeastern University. The senior yearbooks bore the name of Northeastern University in some way until 1953. The yearbook was given its present day title, The Cupola, in 1961. Yearbooks contain photos of graduating seniors, campus events, student clubs and organizations, faculty and staff, athletic teams and events, and other memorable occasions from the academic year.


"University Of North Dakota Fighting Sioux Women's Hockey 2004-05 Media Guide", University Of North Dakota Jan 2004

"University Of North Dakota Fighting Sioux Women's Hockey 2004-05 Media Guide", University Of North Dakota

UND Athletics Publications: Women's Hockey

Media guide for the 2004-2005 UND Women's Hockey team. The guide contains information about the team and its coaches, and was sent to local and regional media outlets.


2004-2005 Undergraduate Bulletin, Rochester Institute Of Technology Jan 2004

2004-2005 Undergraduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

No abstract provided.


Nationalizing International Criminal Law: The International Criminal Court As A Roving Mixed Court, Jenia Iontcheva Jan 2004

Nationalizing International Criminal Law: The International Criminal Court As A Roving Mixed Court, Jenia Iontcheva

Public Law and Legal Theory Working Papers

No abstract provided.


Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel Jan 2004

Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel

NYLS Law Review

No abstract provided.


Creating A Public Defender System In The Shadow Of The Israeli – Palestinian Conflict, Kenneth Mann, David Weiner Jan 2004

Creating A Public Defender System In The Shadow Of The Israeli – Palestinian Conflict, Kenneth Mann, David Weiner

NYLS Law Review

No abstract provided.


Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager Jan 2004

Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager

NYLS Law Review

No abstract provided.


The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii Jan 2004

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii

NYLS Law Review

No abstract provided.


United States V. Gayle, Christine Aubin Jan 2004

United States V. Gayle, Christine Aubin

NYLS Law Review

No abstract provided.


Undergraduate Catalog 2004-2005, University Of North Florida Jan 2004

Undergraduate Catalog 2004-2005, University Of North Florida

UNF Course Catalogs

No abstract provided.


"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham Jan 2004

"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham

University of Michigan Journal of Law Reform

This Article discusses faith-based prison programs that immerse prisoners living in residential units within a prison in a religious atmosphere. Part One analyzes the constitutionality of these programs under the Establishment Clause of the First Amendment. It notes that state action in the prison context receives more deference from courts than outside the prison context, and that prisoners' constitutional rights are more constricted than free persons" Part I proceeds to analyze the constitutionality of faith immersion programs in prisons, in light of the Supreme Court's precedents dealing with prisoners' rights and the Establishment Clause. States can defend immersion programs on …


Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker Jan 2004

Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker

Richmond Journal of Law and the Public Interest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton Jan 2004

America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton

Richmond Journal of Law and the Public Interest

America's "War on Drugs" has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant's use or possession of the firearm. Congress amended Section 924 to include the term "possession" several years after the United States Supreme Court's decision in Bailey v. United States. The United States Supreme Court interpreted the "use" requirement of Section …


Defense-Oriented Judges, Abbe Smith Jan 2004

Defense-Oriented Judges, Abbe Smith

Hofstra Law Review

No abstract provided.


Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam Jan 2004

Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam

Hofstra Law Review

No abstract provided.


Victims And Offenders: Accounts Of Paybacks, Invulnerability, And Financial Gain Among Homeless Youth, Kimberly A. Tyler, Katherine Johnson Jan 2004

Victims And Offenders: Accounts Of Paybacks, Invulnerability, And Financial Gain Among Homeless Youth, Kimberly A. Tyler, Katherine Johnson

Department of Sociology: Faculty Publications

Previous research has suggested that “victim” and “offender” are not mutually exclusive categories but rather represent a homogeneous pool in which offenders are victimized and victims also offend. Little is known, however, about the specifics of the victim and offender process. The current study formally addresses the following research questions: why are some individuals at higher risk for victimization compared to others; why do some young people offend while others do not; and finally, why are criminal victims likely to retaliate? Given that homeless young people generally have high rates of offending and are also exceedingly vulnerable to crime, they …


The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith Jan 2004

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The crimes are not any worse than they used to be. They run, as crimes do, from the banal to the barbarous. But punishment seems to have taken on a life of its own.

There are people serving more than twenty years for nonviolent drug offenses. There are people serving more than thirty years for car theft, burglary, and unarmed robbery--crimes for which a harsh sentence used to be ten years. One Oklahoma woman is serving a thirty-five year sentence for "till-tapping"--stealing money out of cash registers--when she was in the throes of a heroin addiction. It is impossible to …


Eroding Confidentiality In Delinquency Proceedings: Should Schools And Public Housing Authorities Be Notified?, Kristin N. Henning Jan 2004

Eroding Confidentiality In Delinquency Proceedings: Should Schools And Public Housing Authorities Be Notified?, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

In this Article, Professor Henning examines how schools and public housing authorities obtain juvenile records and explains how these institutions may use the records to exclude children and their families from the basic benefits of education and housing. Drawing on recent research in the field of developmental psychology, Professor Henning reevaluates early assumptions about adolescents' amenability to treatment and the impact of stigma on children and explores the practical implications of sharing records with schools and public housing authorities, questioning whether new confidentiality exceptions actually will yield the expected benefits of improved public safety. She concludes that legislators should deny …


Folktales Of International Justice, David Luban Jan 2004

Folktales Of International Justice, David Luban

Georgetown Law Faculty Publications and Other Works

When Laura Dickinson asked me to participate on this panel, she very nicely said that she hoped I could bring a different perspective to the discussion. I thought I knew what she meant. The other panelists share a profound knowledge of how international criminal-law institutions work. My "different perspective" would therefore be the perspective of abject ignorance.

Taking comfort from the Socratic dictum that there is wisdom in knowing what you do not know, I accepted the invitation because it gives me the opportunity to pose questions rather than proposing answers. I will raise my questions by examining some stories …


The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith Jan 2004

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Defenders bear witness to an awful social experiment gone awry. Punishment has taken the place of every other intervention because it is so simple. It divides the world neatly into good people and bad, the worthy and unworthy, victims and perpetrators. Once we punish the bad, the unworthy, the perpetrators, the rest of us can rest easy. We can say that we are different from them. We can wag our finger at them and assert our moral superiority. In this social and political climate, hardly anyone ever asks why. Why did this man or woman end up this way? What …


War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs Jan 2004

War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs

Fordham International Law Journal

Both violence and international norms on human rights have become globalized. Formerly rigid systems of sovereignty become porous as the enemies and the friends of the rule of law show equal and opposite disregard for State boundaries. Judges in national courts are obliged to put aside their usual textbooks and cases, and open their eyes to legal scholars and commentators like Brownlie and Cassese. Four cases in the ten-year history of South Africa's Constitutional Court have exemplified these points. In each the Court was under pressure because of time--in three because events were unfolding so rapidly, and in one because …