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2005

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Judicial Oversight Of Negotiated Sentences In A World Of Bargained Punishment, Nancy J. King Jan 2005

Judicial Oversight Of Negotiated Sentences In A World Of Bargained Punishment, Nancy J. King

Vanderbilt Law School Faculty Publications

Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines sentence that would otherwise apply to the defendant's conduct, as well as statutes that authorize a sentence lower than the minimum Guidelines sentence that would otherwise apply ("safety valve," "substantial assistance," and Rule 35 reductions). By creating these additional provisions and then removing any effective judicial oversight of their application, Congress has expanded the opportunities for prosecutors to decide when to opt out of the national Guidelines and when to abide …

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Lawson Edward Thomas And Miami's Negro Municipal Court, Ernesto A. Longa Jan 2005

Lawson Edward Thomas And Miami's Negro Municipal Court, Ernesto A. Longa

Faculty Scholarship

Highlights Lawson Edward Thomas's career as a civil rights attorney and judge of Miami's apartheid municipal court (1950-1963).

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Disorder In The Court: The Use Of Psychiatric Testimony In The Prediction Of Dangerousness, Matthew Lafond Jan 2005

Disorder In The Court: The Use Of Psychiatric Testimony In The Prediction Of Dangerousness, Matthew Lafond

Dalhousie Journal of Legal Studies

Preventive detention measures in Canada were implemented in order to protect us from the most dangerous individuals in society. The Dangerous Offender provisions permit the state to imprison an offender indefinitely. In order to justify such drastic action, psychiatric assessments are conducted in an attempt to determine who, among the “worst” offenders, would be most likely to commit a dangerous offence in the future. This paper will review the dangerous offender system in Canada, and in that context, critically reconsider the ability of mental health professionals to predict the risk of future dangerousness. Despite widespread disagreement concerning evaluation methods and …

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"It 'S The Other Way Around"| Sustainability, Promotion, And The Shaping Of Identity In Nonprofit Arts Organizations, Georgi A. Rausch Jan 2005

"It 'S The Other Way Around"| Sustainability, Promotion, And The Shaping Of Identity In Nonprofit Arts Organizations, Georgi A. Rausch

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Effects Of Transportation And Development On Black Bear Movement, Mortality, And Use Of The Highway 93 Corridor In Nw Montana, Karin R. Mccoy Jan 2005

Effects Of Transportation And Development On Black Bear Movement, Mortality, And Use Of The Highway 93 Corridor In Nw Montana, Karin R. Mccoy

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Community-Campus Partnerships For Economic Development: Community Perspectives, Anna Afshar Jan 2005

Community-Campus Partnerships For Economic Development: Community Perspectives, Anna Afshar

Partnerships/Community

What are community representatives saying about the value of community-campus partnerships (CCPs) for promoting economic development? CCPs are playing an increasingly visible role in neighborhood revitalization. More and more, we in the Community Affairs Unit of the Federal Reserve System find ourselves reporting on the outcomes of these collaborations. While community-campus engagements offer potential benefits for both communities and academic institutions, it has become clear to us that there is a shortage of narrative and analytical work clarifying how well these partnerships operate from the community perspective. This paper aims to help fill that gap.

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Protest, Proportionality, And The Politics Of Privacy: Mediating The Tension Between The Right Of Access To Abortion Clinics And Free Religious Expression In Canada And The United States, Richard Albert Jan 2005

Protest, Proportionality, And The Politics Of Privacy: Mediating The Tension Between The Right Of Access To Abortion Clinics And Free Religious Expression In Canada And The United States, Richard Albert

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Graduate Student Audit Project, Michael D. Akers, Jodi L. Gissel Jan 2005

Graduate Student Audit Project, Michael D. Akers, Jodi L. Gissel

Accounting Faculty Research and Publications

This paper discusses Marquette University’s graduate student audit project, designed to enhance student learning and retention of auditing procedures and concepts learned in the classroom.

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Role Of Recreancy In Predicting Risk Perception: Analysis Of A Conceptual And Operational Discrepancy., Darby A. Kaikkonen Jan 2005

Role Of Recreancy In Predicting Risk Perception: Analysis Of A Conceptual And Operational Discrepancy., Darby A. Kaikkonen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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2005-2006 Graduate Catalog, Morehead State University Jan 2005

2005-2006 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2005-2006 graduate catalog for Morehead State University.

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Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen Jan 2005

Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen

Faculty Articles

Japan is considering changes to its constitution, including Article 9, which prohibits it from maintaining a military force. If amendments are made, it would mark the first time the Japanese constitution has been amended since its establishment in 1947. Professor Chinen examines the debates on Article 9 using scholarship on constitutions as providing heuristics for decision-making. Constitutions help overcome the problems of emotion and time-inconsistency. They also enable societies of different deliberative groups to avoid the pitfalls of deliberation by requiring groups to interact with one another and by providing opportunities for compromise through what Cass Sunstein refers to as …

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Accountability Of Nongovernmental Organizations (Ngos) In Global Governance, Steve Charnovitz Jan 2005

Accountability Of Nongovernmental Organizations (Ngos) In Global Governance, Steve Charnovitz

GW Law Faculty Publications & Other Works

The issue of the accountability on nongovernmental organizations (NGOs) in global governance has received increased attention in recent years. The purpose of this paper is to analyze the issue, to consider whether any public problems exist, and to make recommendations on what should be done. The paper contains three parts. Part I examines the historical context of NGO accountability starting with the Papal Encylical Rerum Novarum of 1891 and considering episodes relating to the League of Nations and the founding of the United Nations. Part II provides an overview of the contemporary debate on NGO accountability and uses a recent …

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Legislative Oversight Of Police: Lessons Learned From An Investigation Of Police Handling Of Demonstrations In Washington, D.C., Mary M. Cheh Jan 2005

Legislative Oversight Of Police: Lessons Learned From An Investigation Of Police Handling Of Demonstrations In Washington, D.C., Mary M. Cheh

GW Law Faculty Publications & Other Works

There are various ways to oversee police behavior including internal discipline, civilian review boards, civil law suits, and criminal prosecutions. These are important tools but an equally important but less examined mechanism is legislative oversight, and, in particular, the legislative investigation. A legislature may choose to review police policies concerning the use of surveillance, informants and undercover operatives, the implementation of community policing, the use of force, eradication of gang activity, and perhaps most prominently in the post 9/11 world, counter terrorism initiatives. All of these matters involve policy decisions at the departmental level and not actions taken at the …

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Understanding Legal Responses To Technological Change: The Example Of In Vitro Fertilization, Lyria Bennett Moses Jan 2005

Understanding Legal Responses To Technological Change: The Example Of In Vitro Fertilization, Lyria Bennett Moses

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Canadian Pharmacies: A Prescription For A Public Health Disaster , Jennifer L. Halser Jan 2005

Canadian Pharmacies: A Prescription For A Public Health Disaster , Jennifer L. Halser

DePaul Law Review

No abstract provided.

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Rediscovering Vulgar Charity: A Historical Analysis Of America's Tangled Nonprofit Law, Thomas A. Kelley Iii Jan 2005

Rediscovering Vulgar Charity: A Historical Analysis Of America's Tangled Nonprofit Law, Thomas A. Kelley Iii

Faculty Publications

No abstract provided.

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George M. Lee And Gerald Lee V. Miles Walter Langley : Brief Of Appellant, Utah Supreme Court Jan 2005

George M. Lee And Gerald Lee V. Miles Walter Langley : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal Upon the Granting of a Petition of Certiorari to the Utah Court of Appeals Concerning an Appeal from the Eighth District Court, Uintah County Judge A. Lynn Payne

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Review Of Refuge Of A Scoundrel: The Patriot Act In Libraries, Glenda A. Thornton Jan 2005

Review Of Refuge Of A Scoundrel: The Patriot Act In Libraries, Glenda A. Thornton

Michael Schwartz Library Publications

Review of Refuge of a Scoundrel: The Patriot Act In Libraries

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Maas V. Department Of Commerce And Regulation: Why Can't South Dakota Curb Repeat Offenses Of Driving Under The Influence, Jeffrey Robert Connolly Jan 2005

Maas V. Department Of Commerce And Regulation: Why Can't South Dakota Curb Repeat Offenses Of Driving Under The Influence, Jeffrey Robert Connolly

South Dakota Law Review

No abstract provided.

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Targeting Arab/Muslim/South Asian Americans: Criminalization And Cultural Citizenship, Louise Cainkar, Sunaina Maira Jan 2005

Targeting Arab/Muslim/South Asian Americans: Criminalization And Cultural Citizenship, Louise Cainkar, Sunaina Maira

Social and Cultural Sciences Faculty Research and Publications

In this essay, we further explore the responses of Arab and South Asian Muslim communities to the War on Terror, and ask whether these responses reveal alliance-building and pan-ethnic identification. Do the targeted groups, now portrayed as monolithic, find solidarity with each other, and if so, what are the bases for their sense of affinity. These questions force us to consider the deeper issues of pan-ethnic and political affiliation that highlight quandaries at the core of Asian American studies: how does a pan-ethnic approach challenge or support the racial and cultural categories used by state and empire to subordinate and …

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Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene Jan 2005

Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene

Faculty Scholarship

Before becoming a poster child for gender equity in athletics, Heather Sue Mercer was an all-state place kicker at Yorktown Heights High School in Yorktown Heights, New York (pop. 7,972). She enrolled at Duke University in the fall of 1994 and decided to become the first woman ever to try out for the Duke football team. Initially she failed to make the team as a walk-on, but the following spring she was invited by the seniors on the team to play in the annual Blue-White scrimmage. She ended up kicking a game-winning twenty-eight-yard field goal. Afterwards, Duke head coach Fred …

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Summary Of Jordan V. State, Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 7, Daria Snadowsky Jan 2005

Summary Of Jordan V. State, Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 7, Daria Snadowsky

Nevada Supreme Court Summaries

Jordan v. State rules on two separate appeals that address the same issue of first impression regarding guidelines Nevada state courts must follow in order to restrict court access to in proper person litigants with in forma pauperis status. This case also reconfirms the process by which in forma applications are reviewed. In the first case, respondent Officer Jimmie W. Jones arrested proper person appellant James Jacob Jordan for trespassing on state property2 after Jordan did not heed Officer Jones’s warning to leave the premises. After the trespass charge was dropped the following day, Jordan sued Officer Jones along with …

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Modeling Cultural Cognition, Donald Braman, Dan M. Kahan, Jame Grimmelmann Jan 2005

Modeling Cultural Cognition, Donald Braman, Dan M. Kahan, Jame Grimmelmann

GW Law Faculty Publications & Other Works

In this article we defend our contention that culture is prior to facts in resolving the gun debate. The basis for this position, simply put, is that culture is prior to facts in human cognition. Through an overlapping set of psychological and social mechanisms, individuals adopt the factual beliefs that are dominant among persons who share their cultural orientations. Far from being updated in light of new evidence, beliefs so formed operate as an evidentiary filter, inducing individuals to dismiss any contrary evidence as unreliable, particularly when that evidence is proffered by individuals of an opposing cultural affiliation. So even …

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Results Of A Judicial Survey On The Maryland Department Of Juvenile Services, Gloria Danziger, Barbara A. Babb Jan 2005

Results Of A Judicial Survey On The Maryland Department Of Juvenile Services, Gloria Danziger, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

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Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai Jan 2005

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai

Faculty Articles

Torture as a past and present tool of interrogation in Iraq threatens to undermine the country's struggle towards democracy. In confronting the substantial task of reforming interrogation practices and their public perception, Iraqis may draw valuable lessons from the United States' experience with the constitutional regulation of the admissibility of confessions in criminal cases. After reviewing the constitutional bases relied on by the U.S. Supreme Court to exclude confessions, this Article argues that writing Miranda-like rules into the Iraqi constitution would go far in alleviating the especially coercive environment of custodial interrogation in Iraq and restoring public confidence in the …

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Jury Of Our Peers: An Unfulfilled Constitutional Promise, Robert C. Walters, Michael D. Marin, Mark Curriden Jan 2005

Jury Of Our Peers: An Unfulfilled Constitutional Promise, Robert C. Walters, Michael D. Marin, Mark Curriden

SMU Law Review

No abstract provided.

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Undergraduate Catalog 2005-2006, University Of North Florida Jan 2005

Undergraduate Catalog 2005-2006, University Of North Florida

UNF Course Catalogs

No abstract provided.

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Assessment Centers: Recent Developments In Practice And Research, Filip Lievens, George C. Thornton Iii Jan 2005

Assessment Centers: Recent Developments In Practice And Research, Filip Lievens, George C. Thornton Iii

Research Collection Lee Kong Chian School Of Business

In an assessment center, candidates who participate in various simulation exercises are evaluated by a multiple trained assessors on job-related dimensions. Examples of commonly used simulation exercises are role-plays, presentations, in-baskets, or group discussions. For nearly fifty years, assessment centers have remained a popular approach for managerial selection and development (Spychalski, Quinones, Gaugler, & Pohley, 1997), and they have been shown to have substantial validity (Thornton & Rupp, 2004). Assessment centers are also very much an international affair as they are used around the globe (Byham, 2001; Kudisch, Avis, Fallon, Thibodeaux, Roberts, Rollier, & Rotolo, 2001; Sarges, 2001). Over the …

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Gustav Stickley's Hapke-Geiger House And Noland And Baskervill's Hunton House: Richmond Architecture Ca. 1915, Victoria Katsuko Carter Jan 2005

Gustav Stickley's Hapke-Geiger House And Noland And Baskervill's Hunton House: Richmond Architecture Ca. 1915, Victoria Katsuko Carter

Theses and Dissertations

Textbooks teach architecture as conveniently divided into styles and periods, but in reality styles overlap. At the turn-of-the-twentieth century there were three major architectural and decorative movements in the United States: the Aesthetic Movement, the Arts and Crafts Movement, and the American Renaissance Movement. This thesis shows how superficial stylistic labels can be by comparing two very different-seeming houses of the early twentieth century: The Hapke-Geiger House of ca. 1912 in Chesterfield, Virginia, based on a Gustav Stickley Arts and Crafts design, and the Hunton House of 19 14 in Richmond, Virginia, designed in the American Renaissance style by Noland …

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The Effects Of Postindustrial Employment Configurations On Father-Child Involvement In Urban Fragile Families, Michael G. Cina Jan 2005

The Effects Of Postindustrial Employment Configurations On Father-Child Involvement In Urban Fragile Families, Michael G. Cina

Graduate Theses, Dissertations, and Problem Reports (ETD)

Research shows that many inner city fathers work a variety of jobs to make a living for themselves and their families. While some fathers work in traditional jobs that are regulated and taxed, others generate income "off-the-books" or through illegal work called "hustles." This thesis uses data from the Fragile Families and Child Wellbeing Study to assess the impact of hours worked in regular jobs, off-the-books ventures, and illicit hustles on fathers' involvement with their eighteen-month old child. The regression results show that fathers who spend increasing hours hustling tend to be less involved with their children than fathers who …

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