Digital Commons Network^™

'You'd Better Be Good': Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami

ExpressO

In the attached article, I argue that congressional threats of removal against federal judges are increasing in prevalence and forcefulness and that as a result the strained relationship between the judiciary and Congress – a topic of recent attention and debate – will continue to deteriorate in the coming years. I examine two bills, the Feeney Amendment to the PROTECT Act and House of Representatives Resolution 568 (in which Congress would disavow citation in judicial decisions to foreign law), to demonstrate this thesis.

I next ask what explains the phenomenon of congressional threats of removal, deploying first Thomas Hobbes’ state-of-nature …

Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger

Faculty Scholarship

Relying on Article I Presidential War Powers, the Bush administration has employed many detention and law enforcement strategies in fighting the War on Terrorism that seemingly give short shrift to traditional constitutional protections. The first of these strategies will be subject to Supreme Court resolution by the end of this Term and concerns the Bush Administration tactic of unilaterally declaring U.S. citizens to be "enemy combatants," thereby subjecting them to incarceration in military prisons without any right to counsel, prior judicial process, or judicial review of this status. Another strategy employed on a widespread basis by the DOJ after September …

The Collegian (2004-08-23), Sonia Mejia

UTB/TSC Archives - The Collegian [Newspaper]

Vol. 57, No. 1

Central Florida Future, Vol. 37 No. 02, August 23, 2004

Central Florida Future

Charley 'wrecks' center: Hurricane shuts down gym for fall; Money for new school: Gifts of $24 million $10 million continue to transform campus; Late fees for absent students; Undecideds gain clout: What matters more to swing voters: domestic or foreign?

August 21, 2004 (Pages 4541-4672), Pennsylvania Legislative Reference Bureau

Volume 34 (2004)

No abstract provided.

The Rise Of Managerial Judging In International Criminal Law, Maximo Langer

ExpressO

Abstract This article puts the procedure of the International Criminal Tribunal for the former Yugoslavia (ICTY) in a completely new and previously unexplored light. Rejecting the predominant view of ICTY procedure as a hybrid between the adversarial system of the U.S. and the inquisitorial system of civil law jurisdictions, this article shows that ICTY procedure is best described through a third procedural model that does not fit in either of the two traditional systems. This third procedural model is close to the managerial judging system that has been adopted in U.S. civil procedure. The article then explores some of the …

Forecasting Harm: The Law And Science Of Risk Assessment Among Prisoners, Predators, And Patients, John Monahan

ExpressO

Scientifically valid instruments are being used for the first time to assess an individual’s risk of violence in criminal sentencing and in the civil commitment of mental patients and sexual predators. Risk factors on these instruments pertain to what the person is (e.g., gender), what the person has (e.g., personality disorder), what the person has done (e.g., past violence), and what has been done to the person (e.g., past victimization). In this Article, I argue that in criminal law, with its emphasis on blameworthiness for actions taken, the admissibility of scientifically valid risk factors is properly constrained to those that …

An Attitudinal Theory Of Excuse In Criminal Law, Peter Westen

ExpressO

The mother lode of criminal law scholarship is a unitary theory of excuses, that is, a normative account as to why a person who engages in conduct that a criminal statute prohibits ought nevertheless not be blamed for it. After defining "excuse" against commentators who argue that it cannot be coherently defined, and after criticizing competing theories of excuse, I argue that the feature that renders persons normatively blameless -- and, typically, legally blameless, too -- for engaging in conduct that a criminal statute prohibits is the possession of a certain attitude with which he engages in it. A person …

August 2004 General Studies Council Minutes, University Of Nebraska At Kearney General Studies Council

General Education Council

No abstract provided.

2004-08-18 Unm News Minute, University Of New Mexico Communication And Marketing Department

UNM News Minute 2004

No abstract provided.

Assessing Human Rights In China: Why The Double Standard?, Randall P. Peerenboom

ExpressO

No abstract provided.

2004-2005, Collin College

Course Catalogs

Contains information on courses and class descriptions as well as campus resources at Collin College.

International Legal Compliance: Surveying The Discipline, William C. Bradford

ExpressO

No abstract provided.

Volume 41, Number 43: August 13, 2004, University Of North Dakota

University Letter Archive

No abstract provided.

University Of Nebraska At Omaha, August Commencement 2004, University Of Nebraska At Omaha

Commencement Programs

No abstract provided.

A Public Choice Theory Of Criminal Procedure, Vikramaditya S. Khanna, Keith N. Hylton

ExpressO

We provide a more persuasive justification for the pro-defendant bias in Anglo-American criminal procedure than the most commonly forwarded justifications to date. The most commonly forwarded rationale for the pro-defendant bias is that the costs of false convictions – specifically, the sanctioning and deterrence costs associated with the erroneous imposition of criminal sanctions – are greater than the costs of false acquittals. We argue that this rationale provides at best a partial justification for the extent of pro-defendant procedural rules. Under our alternative justification, pro-defendant protections serve primarily as constraints on the costs associated with improper enforcement or rent seeking …

On Brown V. Board Of Education's 50th Anniversary: To Integrate Or Separate Is Not The Question, Thomas Kleven

ExpressO

By ending official apartheid, Brown represented a great victory in the struggle for racial justice in the United States. Following more than a decade of inaction as a result of its “all deliberate speed” formulation, and in response to the then prevailing sentiment among the proponents of Brown, the Supreme Court began to push for the integration of school districts that engaged in segregation by law or practice. This integrationist push lasted from the late 1960s to the late 1970s. Beginning in the mid-1970s the Court began to limit the remedies for segregation by law or practice, and beginning in …

Commencement Exercises - August 2004, Prairie View A&M University

Commencement and Convocation Exercises

No abstract provided.

Clemson Commencement Program, August 2004, Clemson University

Clemson Commencement Programs

No abstract provided.

Usa V. Griggie

2004 Decisions

USDC for the Middle District of Pennsylvania

Summer Commencement: August 6, 2004, University Of North Dakota

UND Commencement Programs

UND Summer Commencement program from August 6, 2004.

Summer Commencement Ceremony, University Of North Florida

Commencement Printed Materials

Program for the Summer Commencement ceremonies held at UNF Arena.

Hubbard V. Pinchak

2004 Decisions

USDC for the District of New Jersey

The Weekly Challenger, August 5, 2004, The Weekly Challenger, Et Al

Weekly Challenger Newspaper Collection

The August 5, 2004, issue of The Weekly Challenger.

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

ExpressO

No abstract provided.

Grand Valley Forum, Volume 029, Number 03, August 2, 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.

2004-2005 Bulletin

Undergraduate Bulletins

After 2003 the University of Dayton Bulletin went exclusively online. This copy was printed from the web and scanned by the Registrar’s Office.

Bulletin Of The University Of Notre Dame The Law School 2004–05, Volume 100, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

Graduate Law Programs

Dual-Degree Programs

Requirements for Graduation and Good Academic Standing

Tuition and Fees

Withdrawal Regulations

Curriculum

Law School Courses

Course Descriptions

Officers of Administration

Law School Faculty

Law School Calendar

Important Addresses

Jsu Rotc Alumni Chapter Newsletter | Volume 7, Issue 2, Jacksonville State University Reserve Officers' Training Corps Alumni Chapter

ROTC Historical Documents

The JSU ROTC Newsletter is an unofficial alumni newsletter published in the interest of JSU ROTC alumni. The newsletter offers information on ROTC events, updates, scholarship recipients, newly commissioned officers, and alumni.

New Faculty Members, 2004-2005, Lindenwood University

New Faculty Booklets

No abstract provided.