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From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt

Articles

The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums. When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …

Competition Law And Professional Practice, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

Professional practice has traditionally distinguished itself for being subject to strong regulation, characterized by containing severe restrictions on competition between professionals.

Demythologizing Restorative Justice: South Africa's Truth And Reconciliation Commission And Rwanda's Gacaca Courts In Context, Olivia Lin

ILSA Journal of International & Comparative Law

Since the Allied-overseen Nuremberg Trials in 1945, the legal measures pursued by nations negotiating political transition and responding to the human rights abuses of prior regimes ("transitional justice")' are subject to examination by the watchful eye of the international community and international standards.

The Vanishing Trial: Land Mine On The Mediation Landscape Or Opportunity For Evolution: Ruminations On The Future Of Mediation Practice, Kimberlee K. Kovach

Cardozo Journal of Conflict Resolution

Several decades ago, mediation developed as an alternative to the use of courts for resolving disputes. Over the years, the use of mediation to resolve lawsuits has greatly increased. The reasons for this evolution are numerous, and the primary underlying impetus for the use of mediation has, in many cases, impacted just how the process is conducted. For example, some view mediation as a process which provides individuals or groups engaged in a dispute or conflict with a collaborative and flexible process for dispute resolution. This view of the process also encourages party participation and empowerment, which often allows relationships …

Measuring The Mind: A Comparison Of Personality Testing To Polygraph Testing In The Hiring Process, Jennifer Leonard Nevins

Dickinson Law Review (1908-2003)

No abstract provided.

The Mid-Western Educational Research Association's Annual Meeting, October 12–15, 2005, Deborah Bainer Jenkins, Adrian Rodgers

Mid-Western Educational Researcher

Annual Meeting Highlights

Special Program Issue October 12-15, 2005, Sharon A. Valente

Mid-Western Educational Researcher

Special Program Issue

Service Learning Manual For Coupeville High School, Kenneth J. Stange

Graduate Student Projects

This project examined the need for increased service learning in schools as well as current practices being used by educators who employ service learning as a regular part of curriculum. The review of literature found that service learning, when conducted properly, has shown benefits to students, educators, and communities. In addition, there were five main components of an effective service learning program: preparation, action, reflection, presentation, and recognition. Included is a service learning manual, specifically designed for Coupeville High School, focused on the five pa1is of a service learning program. The overall purpose of the manual was to ensure that …

Viewbook 2005, New York Law School

Admissions Viewbooks

No abstract provided.

The Needle And The Damage Done: The Pervasive Presence Of Obsolete Mass Media Audience Models In First Amendment Doctrine, Mehmet Konar-Steenberg

Vanderbilt Journal of Entertainment & Technology Law

Do audiences need the government's protection from mass media? Or are they capable of choosing media and protecting themselves? For decades, judicial opinion on this issue developed in the form of judicial notice, speculation, and assumption. Yet during that time, a rich social science discipline was emerging that could have helped to address these issues based on empirical research about mass media effects and audiences. Given the renewed importance of this issue, it is time to bridge the gap between the law of mass media content regulation and the social science research into mass media consumption.

To that end, this …

Prologue, Claudio Grossman

American University International Law Review

No abstract provided.

Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher

American University International Law Review

No abstract provided.

Table Of Contents

Ethnic Studies Review

Table of Contents for Ethnic Studies Review, Vol. 28, No. 2, April 2005.

Editor's Note, Otis L. Scott

Ethnic Studies Review

W.E.B. DuBois in his classic, The Souls of Black Folks (1903) raised the seminal metaphysical question regarding identity formation in the United States. Countless other scholars, scholar activists, and just plain citizens since, have and are raising this historical interrogative. "Who Am I?" "Who are we?" "Am I not a woman?" These questions are formed in the crucible of racism's white hot heat. And in an important sense, raising these questions is an essential first step towards mounting opposition to those hegemonic forces which work to ascribe social identity The articles comprising this issue of the Ethnic Studies Review again …

In Search Of A "Singular I:" A Structurational Analysis Of Passing, Dawkins Marcia Alesan

Ethnic Studies Review

It is easy to envision the socio-cultural phenomenon of passing as a relic of a bygone era, yet passing is markedly more. From a historical perspective, "passing-as-white" is a strategy of representation through which light-skinned, white-looking, legally non-white Americans attempt(ed) to reconcile "two unreconciled ideals:" their limited opportunities as non-white people in a segregated society with their idealized life goals as full American citizens (DuBois, 1903; Candy, 1998). Recent scholarship on the phenomenon explains that passing is more than a masquerade. Passing can be accidental, incidental, or a committed lifestyle that is noted: when people effectively present themselves as other …

Multiple Identities, Citizenship Rights And Democratization In Africa, 'Lai Olurode

Ethnic Studies Review

This particularistic and exclusionary form of identity politics has intensified in recent years within and among nations..... It is responsible for some of the most egregious violations of international humanitarian law and, in several instances, of elementary standards of humanity.... Negative forms of identity politics are a potent and potentially explosive force. Great care must be taken to recognise, confront and restrain them lest they destroy the potential for peace and progress that the new era holds in store (Kofi Annan, The Guardian, (Nigeria) 1997:8).

[Review Of] Rámon Grosfoguel. Colonial Subject: Puerto Ricans In Global Perspective, Enilda Arbona Delgado

Ethnic Studies Review

Merging world-systems and postcolonial analyses, Grosfoguel presents an insightful look at Puerto Rico's colonial status and its consequences on the Puerto Rican migration experience while comparing these experiences to those of other Caribbean migrants. While asserting that "world-system theorists have difficulties theorizing culture, whereas postcolonial theorists have difficulties conceptualizing political-economic processes" (13), Grosfoguel challenges scholars of the modern world-system to move from paradigms of earlier centuries and go outside their disciplines in order to reduce the risk of reductionism. The analysis is grounded on "Bourdieu's concept of "symbolic capital" and Quijano's notion of "coloniality of power [to] redress these limitations" …

Ethnic Studies Review

Ethnic Studies Review

No abstract provided.

[Review Of] David Mason, Ed. Explaining Ethnic Differences: Changing Patterns Of Disadvantage In Britain, William L. Miller

Ethnic Studies Review

A series of "communal disturbances" took place in several north of England towns during the spring and summer of 2001. They were "notable" for the participation of young, male Asians, "a significant proportion of them Muslims...as against African-Caribbeans"(21).

Editor's Note, Otis L. Scott

Ethnic Studies Review

At first glance the articles in this volume of ESR appear as disparate entities connected only by so much glue and binding materials as necessary to construct this volume. But this is not the case. Not that there must necessarily be a nexus between the pieces, but the fact of the matter is, that there are several points of conveptual convergence between the articles contained in this volume. It is also more than a little interesting that where there is subject matter convergence it occurs at research and instructional junctures long capturing the attention of ethnic studies teacher-scholars. The works …

[Review Of] Joan Nagel. Race, Ethnicity, And Sexuality: Intimate Intersections, Forbidden Frontiers, Enrique Morales-Díaz

Ethnic Studies Review

One of the most significant points about Joane Nagel's text is its broad approach to the idea that ethnicity is sexualized and that the boundaries that on the surface seem to separate the two concepts are actually extremely thin and transparent. Thus, according to Nagel, "Ethnicity and sexuality are strained, but not strange bedfellows" (14). She supports this statement throughout her text, providing specific examples to argue her case. Her approach to the subject at hand also coincides with her goals for the book, "to illustrate the power and ubiquity of sexuality as a feature of racial, ethnic, and national …

Ethnic Studies Review

Ethnic Studies Review

No abstract provided.

Robart V. State Of Alaska: A New Interpretation For Copyrightable Subject Matter?, Jessica Miedema

Loyola Consumer Law Review

No abstract provided.

Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs

UC Law Journal

Early Law and Economics advocates asserted that antidiscrimination laws were wasteful and unnecessary. This Article argues that that flawed conclusion resulted in a disregard, especially among African-American political and intellectual leaders, for economic analysis as a means of understanding racial phenomenon. The lack of economic analysis of race in market transactions is of great concern. Disparities in education, housing and employment have been intractable, Suggs argues, because racial disparities in business revenues dwarf those income disparities. To solve these disparities, however, requires not regulations but market incentives. Devising market interventions requires a sophisticated understanding of the way race affects market …

The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Robert Paul Wolff, Tobias Barrington Wolff

UC Law Journal

Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of "merit" proclaims that highachieving applicants -those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future-enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, "entitles" an applicant to a superior education. This moral framework of "merit" serves as a constant counterpoint in debates over affirmative action. It provides the first rejoinder to any suggestion that …

Technocracy And Democracy: Conflicts Between Models And Participation In Environmental Law And Planning, James D. Fine, Dave Owen

UC Law Journal

Our environmental laws create an unfortunate paradox. They mandate science-based planning, and that mandate often translates into a practical or legal requirement to use complex simulation models. These laws also contain provisions for public participation. When agencies engage in technical decisionmaking, however, and particularly when they use complex yet uncertain models, the reasoning and risks underpinning decisions becomes difficult for public participants to understand and critique. As a result, legal mandates for science-based and participatory planning come into conflict. This conflict is inherent in many environmental statutes, and is acute in the State Implementation Plan (SIP) process required by the …

The Vocation Of The International Arbitrator, Catherine A. Rogers

American University International Law Review

No abstract provided.

Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison

The Modern American

No abstract provided.

Geographic Routing In Social Networks, David Liben-Nowell, Jasmine Novak, Ravi Kumar, Prabhakar Raghavan, Andrew Tomkins

Computer Science Faculty Work

We live in a ‘‘small world,’’ where two arbitrary people are likely connected by a short chain of intermediate friends. With scant information about a target individual, people can successively forward a message along such a chain. Experimental studies have verified this property in real social networks, and theoretical models have been advanced to explain it. However, existing theoretical models have not been shown to capture behavior in real-world social networks. Here, we introduce a richer model relating geography and social-network friendship, in which the probability of befriending a particular person is inversely proportional to the number of closer people. …

Rhythms Of Life: Antecedents And Outcomes Of Work-Family Balance In Employed Parents, Samuel Aryee, E. S. Srinivas, Hwee Hoon Tan

Research Collection Lee Kong Chian School Of Business

This study examined antecedents and outcomes of a fourfold taxonomy of work-family balance in terms of the direction of influence (work-family vs. family-work) and type of effect (conflict vs. facilitation). Respondents were full-time employed parents in India. Confirmatory factor analysis results provided evidence for the discriminant validity of M. R. Frone' s (2003) fourfold taxonomy of work-family balance. Results of moderated regression analysis revealed that different processes underlie the conflict and facilitation components. Furthermore, gender had only a limited moderating influence on the relationships between the antecedents and the components of work-family balance. Last, work-family facilitation was related to the …