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2004

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Articles 991 - 1020 of 2228

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A Different Kind Of Symmetry, Kevin K. Washburn Apr 2004

A Different Kind Of Symmetry, Kevin K. Washburn

New Mexico Law Review

No abstract provided.


Optimal War And Jus Ad Bellum, Alan O. Sykes, Eric A. Posner Apr 2004

Optimal War And Jus Ad Bellum, Alan O. Sykes, Eric A. Posner

Public Law and Legal Theory Working Papers

The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decision of states to use force against “rogue” states, and argue that under certain conditions it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.


Connecting Litigation To A Grass Roots Movement: Monitoring, Organizing, And Brad H. V. City Of New York, Heather Barr Apr 2004

Connecting Litigation To A Grass Roots Movement: Monitoring, Organizing, And Brad H. V. City Of New York, Heather Barr

Pace Law Review

No abstract provided.


Effective Self-Monitoring Of Correctional Conditions, Carl Reynolds Apr 2004

Effective Self-Monitoring Of Correctional Conditions, Carl Reynolds

Pace Law Review

No abstract provided.


Foreword - Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin Apr 2004

Foreword - Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Pace Law Review

No abstract provided.


Leadership & Correctional Reform, James B. Jacobs, Elana Olitsky Apr 2004

Leadership & Correctional Reform, James B. Jacobs, Elana Olitsky

Pace Law Review

No abstract provided.


A Punk's Song About Prison Reform, James E. Robertson Apr 2004

A Punk's Song About Prison Reform, James E. Robertson

Pace Law Review

No abstract provided.


Prison Reform Through Offender Reentry: A Partnership Between Courts And Corrections, Reginald A. Wilkinson, Gregory A. Bucholtz, Gregory M. Siegfried Apr 2004

Prison Reform Through Offender Reentry: A Partnership Between Courts And Corrections, Reginald A. Wilkinson, Gregory A. Bucholtz, Gregory M. Siegfried

Pace Law Review

No abstract provided.


New York's Expanded Son Of Sam Law And Other Fiscal Measures To Deter Prisoners' Suits While Satisfying Outstanding Debts, Anthony J. Annucci Apr 2004

New York's Expanded Son Of Sam Law And Other Fiscal Measures To Deter Prisoners' Suits While Satisfying Outstanding Debts, Anthony J. Annucci

Pace Law Review

No abstract provided.


Bumps In The Road To The Courthouse: The Supreme Court And The Prison Litigation Reform Act T, William C. Collins Apr 2004

Bumps In The Road To The Courthouse: The Supreme Court And The Prison Litigation Reform Act T, William C. Collins

Pace Law Review

No abstract provided.


A Practitioner's Guide To Successful Jury Trials On Behalf Of Prisoner-Plaintiffs, Alphonse A. Gerhardstein Apr 2004

A Practitioner's Guide To Successful Jury Trials On Behalf Of Prisoner-Plaintiffs, Alphonse A. Gerhardstein

Pace Law Review

No abstract provided.


Effective Post-Plra Settlement Models: A Case Study Of Arizona's Protective Segregation Lawsuit, Debbie A. Hill, Larry Hammond, Bruce Skolnik Apr 2004

Effective Post-Plra Settlement Models: A Case Study Of Arizona's Protective Segregation Lawsuit, Debbie A. Hill, Larry Hammond, Bruce Skolnik

Pace Law Review

No abstract provided.


Prison Reform And The Power Of Ideas: Building Political Will, Vivien Stern Apr 2004

Prison Reform And The Power Of Ideas: Building Political Will, Vivien Stern

Pace Law Review

No abstract provided.


Thinking Outside The Cell: Prison Reform Litigation And The Vision Of Prison Reform, Michele Deitch Apr 2004

Thinking Outside The Cell: Prison Reform Litigation And The Vision Of Prison Reform, Michele Deitch

Pace Law Review

No abstract provided.


Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner Apr 2004

Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner

University of Michigan Journal of Law Reform

This Article advocates an interpretation of the Bail Reform Act that affords courts the ability to hold detention hearings in gun crime cases to evaluate defendants' potential danger to the community. According to an interpretation advanced by some courts, gun possession offenses do not constitute "crimes of violence" within the meaning of the Act and therefore those charged with such crimes, even ifth ey have a prior felony conviction, are not subject to pre-trial detention. Arguing against this approach, the Article looks to the Bail Reform Act, the relevant federal case law, and the alarming statistics concerning the growing use …


Fear Factor: The Role Of Media In Covering And Shaping The Death Penalty,, Susan Bandes Apr 2004

Fear Factor: The Role Of Media In Covering And Shaping The Death Penalty,, Susan Bandes

College of Law Faculty

No abstract provided.


Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling Apr 2004

Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling

South Carolina Law Review

No abstract provided.


Prison Reform Revisited: A Judge's Perspective, Morris E. Lasker Apr 2004

Prison Reform Revisited: A Judge's Perspective, Morris E. Lasker

Pace Law Review

No abstract provided.


Digging Out: As U.S. States Begin To Reduce Prison Use, Can American Turn The Corner On Its Imprisonment Binge?, Vincent Schiraldi Apr 2004

Digging Out: As U.S. States Begin To Reduce Prison Use, Can American Turn The Corner On Its Imprisonment Binge?, Vincent Schiraldi

Pace Law Review

No abstract provided.


Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer Apr 2004

Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer

Popular Media

No abstract provided.


Recent Evaluative Research On Jury Trial Innovations, B. Michael Dann, Valerie P. Hans Apr 2004

Recent Evaluative Research On Jury Trial Innovations, B. Michael Dann, Valerie P. Hans

Cornell Law Faculty Publications

During the past decade, state jury reform commissions, many individual federal and state judges, and jury scholars have advocated the adoption of a variety of innovative trial procedures to assist jurors in trials. Many jury trial reforms reflect growing awareness of best practices in education and communication as well as research documenting that jurors take an active rather than a passive approach to their decision-making task. Traditional adversary jury trial procedures often appear to assume that jurors are blank slates, who will passively wait until the end of the trial and the start of jury deliberations to form opinions about …


Reveille For Congress: A Challenge To Revise Rape Law In The Military, Alexander N. Pickands Apr 2004

Reveille For Congress: A Challenge To Revise Rape Law In The Military, Alexander N. Pickands

William & Mary Law Review

No abstract provided.


Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham Apr 2004

Toward A Better Benchmark: Assessing The Utility Of Not-At-Fault Traffic Crash Data In Racial Profiling Research, Geoffrey P. Alpert, Michael R. Smith, Roger G. Dunham

Faculty Publications

As studies on racial profiling and biased policing have begun to proliferate, researchers are debating which benchmark is most appropriate for comparison with police traffic stop data. Existing benchmark populations, which include populations estimated from census figures, licensed drivers, arrestees, reported crime suspects, and observed drivers and traffic violators, all have significant limitations. This article offers a new, alternative benchmark for police traffic stops, a benchmark that has not been previously applied or tested in a racial profiling research setting. The analysis presented compares traffic observation data, gathered at selected, high volume intersections during an ongoing racial profiling study in …


Vawa’S Unfinished Business: The Immigrant Women Who Fall Through The Cracks, Sarah M. Wood Apr 2004

Vawa’S Unfinished Business: The Immigrant Women Who Fall Through The Cracks, Sarah M. Wood

Duke Journal of Gender Law & Policy

No abstract provided.


The International Criminal Court: A Sociological History, Dawn Rothe Apr 2004

The International Criminal Court: A Sociological History, Dawn Rothe

Masters Theses

The International Criminal Court (ICC) has been touted as a new international response to the worst atrocities of mankind: crimes against humanity, war crimes, and crimes of aggression. Indeed, the implementation of a permanent international court is a historical tum. However, the course to which an international criminal court transpired dates back to the late 1800's. One hundred years of political, economic, and social contradictions have aided and abated the process of what is now the International Criminal Court. However, the dialectics between actors and institutions has been neglected in historical and legal analysis. The purpose of this thesis is …


Unequalled Among Firsts, Peter L. Giunta Apr 2004

Unequalled Among Firsts, Peter L. Giunta

Cardozo Law Review

No abstract provided.


The Futile Quest For Racial Neutrality In Capital Selection And The Eight Amendment Argument For Abolition Based On Unconscious Racial Discrimination, Scott W. Howe Apr 2004

The Futile Quest For Racial Neutrality In Capital Selection And The Eight Amendment Argument For Abolition Based On Unconscious Racial Discrimination, Scott W. Howe

William & Mary Law Review

No abstract provided.


Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye Apr 2004

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye

Faculty Publications

At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …


America Fights Back: The Legal Issues, John Norton Moore, Paul Schott Stevens, Stephen M. Schwebel, Ruth Wedgwood, Malvina Halberstam, Robert F. Turner Apr 2004

America Fights Back: The Legal Issues, John Norton Moore, Paul Schott Stevens, Stephen M. Schwebel, Ruth Wedgwood, Malvina Halberstam, Robert F. Turner

Cardozo Journal of International and Comparative Law

No abstract provided.


Introduction: What Have We Wrought?, Fredric I. Lederer Apr 2004

Introduction: What Have We Wrought?, Fredric I. Lederer

William & Mary Bill of Rights Journal

No abstract provided.