Digital Commons Network^™

The Rising Tide Of North Carolina Constitutional Protection In The New Millennium, J. Michael Mcguinness

Campbell Law Review

This article outlines a number of recent developments in North Carolina constitutional law, focusing primarily upon the most common areas where individuals need protection from abusive government power. Recent cases have demonstrated the growth and abuse of government power in North Carolina, from the smallest municipalities to the massive North Carolina state government bureaucracy. State constitutional checks and balances are necessary.

Inside Unlv, Gian Galassi, Nancy Syzdek, Erin O'Donnell, Carol C. Harter, Diane Russell, Cate Weeks

Inside UNLV

No abstract provided.

The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia

Indiana Law Journal

No abstract provided.

Reforms And Counter-Reforms In The Italian Struggle For An Accusatorial Criminal Law System, Michele Panzavolta

North Carolina Journal of International Law

No abstract provided.

Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco

University of Arkansas at Little Rock Law Review

No abstract provided.

Ethical And Aggressive Appellate Advocacy: Confronting Adverse Authority, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Under-Intervention Versus Over-Intervention, Dorothy Roberts

Cardozo Public Law, Policy & Ethics Journal

The article argues that the racial disparity in the U.S. child welfare system, particularly the overrepresentation of Black and brown children, is not merely a result of societal conditions but is deeply rooted in systemic bias and policy choices. The child welfare system disproportionately targets poor, Black families, often removing children for reasons related to poverty rather than severe abuse or neglect. This disparity perpetuates harm to families and communities, contradicting principles of democracy and human rights. The article calls for a shift in focus from debating whether the causes of disparity are internal or external to addressing the systemic …

Opening Remarks: Advocating For Change, Kurt Mundorff

Cardozo Public Law, Policy & Ethics Journal

The article critiques the Child Abuse Prevention and Treatment Act (CAPTA) for focusing narrowly on parental responsibility while neglecting broader societal factors like poverty and racism. It highlights the challenges in predicting child abuse and the negative outcomes of foster care, arguing that the system's approach is flawed and in need of reform.

A Demonstration Project: Using Published Online And Computer Based Instructional Materials In Distance Learning, Blended Learning, And Web Enhanced Courses., Frank Annunziata, Larry Belle

RIT Digital Archives

Our original proposal included designing, developing and delivering one entirely new distance learning history course, 302 Modern Europe and revising and upgrading an existing distance learning history course, 301 Modern America. Building these two courses would have resulted in two comprehensive bibliographies of online instructional resources, one for use in European history courses and one for use in American history courses, whether taught in distance learning or campus formats. Our experience in building these two courses using online instructional resources and the bibliographies that resulted were, in turn, intended to be used in a series of workshops for College of …

On Wings Of Hope, Volume 9b, No. 2, 2005, Phadp, Zack Carter, Darrell Grayson, Cora (No Last Name Given), Jimmy Davis Jr, Esther Brown, Donawha Ii, "M.A.", "A.J.", Hannah Jackson, Jeff Rieber

On Wings of Hope

April–June 2005 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

Lucky: The Sequel, Martha Chamallas

Indiana Law Journal

No abstract provided.

Voices Raised, Issue 08, University Of Dayton. Women's Center

Women’s Center Newsletter

Included in this issue: Taking Time for Families; Award honors work on behalf of women; Students gear up for Daytona trip; Academic Excellence in Women’s Studies; Miryam Award; Mullin to discuss leadership at Round Table; Leadership House offers women chance to learn and serve; Trying to catch a break; Showcasing God’s Beauty; Can a few caring, committed people create positive change?

A Blow To Domestic Violence Victims: Applying The "Testimonial Statements" Test In Crawford V. Washington, Melissa Moody

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

“As Tough As It Gets”: Women In Boston Politics, 1921-2004, Kristen A. Petersen, Carol Hardy-Fanta Phd, Karla Armenoff

Publications from the Center for Women in Politics and Public Policy

This study seeks to answer the question: Given the wealth of talent and resources women possess—and the state offers—why is it so tough for women to gain representation in Boston City Hall? To answer this question, and to document the efforts women have made over almost 100 years, we examine the history of women who have run for and won—or lost—election to the Boston City Council in the 20th century. How does the structure and culture of a given urban political arena (i.e., “Boston politics”) affect women’s opportunities as elected officials? What is women’s political culture and how has it …

Women In Prison In Massachusetts: Maintaining Family Connections, Erika Kates, Paige Ransford, Carol Cardozo

Publications from the Center for Women in Politics and Public Policy

This report first provides an overview of the statistical data on women in prisons in the U.S. over the past two decades. It pays particular attention to the literature on the effects of mothers' incarceration on their children and the gradual recognition of the emotional, economic, and legal consequences for families when parents, especially mothers, are incarcerated. When viewed in this broad context it becomes clear that the concerns and challenges families face extend beyond the perimeters of a single agency or policy area. We then present the comprehensive Family Connections Policy Framework we created for assessing the status of …

Interrogation Warrants, Russell D. Covey

Cardozo Law Review

No abstract provided.

Becoming The Bridge: Border-Crossing, Intersectionality, And Wave Theory In Contemporary Feminist Movement, Meagan Lynn Weatherby

Renée Crown University Honors Thesis Projects - All

The self-proclaimed “third wave” ofUnited Statesfeminism, which rose from the abyss of “postfeminist” 1980s conservatism in the early 1990s, is a vibrant movement that is quickly picking up the pace of feminist organizing in the new millennium. Third wave feminists envision themselves as taking up the torch of the 1960-1970s “second wave” of feminism, but expanding upon it by emphasizing intersectionality (the complex interaction of multiple oppressions, e.g. sexism, racism, classism) and making room for sexiness, joy, and fun in feminist organizing and theorizing. It is a discourse that strives toward and privileges intersectional analyses that create space in which …

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller

Law and Contemporary Problems

Muller examines the prosecution and sentencing of Japanese Americans who resisted the draft of WWII from their internment camps. Although the hundreds of cases were almost identical, approaches to justice and sentencing of offenders varied widely.

Friends Writers Offer Creative Necessity Argument For Sexual Harassment: Justification Or Abuse Excuse?, Alayna Jehle, Monica K. Miller

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton

Missouri Law Review

Part I of this Article will trace the development of the Fourth Amendment's exclusionary rule from its origins in federal court through its incorporation against the states, paying particular attention to the underlying purpose of the exclusionary rule as announced by the Court, and concluding with a survey of several exceptions to the exclusionary rule derived from that purpose. Part II will discuss aspects of the PATRIOT Act that are facially inconsistent with clearly established Fourth Amendment law, describe the operational relationship between the shift to a deterrence model of evidence exclusion and the Act's passage, and identify the criminological …

Sting Operations, Undercover Agents, And Entrapment, Bruce Hay

Missouri Law Review

This Article focuses on two distinct functions of sting operations. One is the informational, or investigatory, function of identifying individuals who are engaged in (or likely to engage in) criminal activity. The second is the behavioral function of deterring individuals from engaging in (independent) criminal activity: the threat of being caught in a sting may scare individuals away from genuine criminal opportunities that would otherwise seem appealing. Though complementary in some respects, these functions are also in some tension with each other. A sting operation that does not serve informational purposes may be good for deterrent purposes, and vice versa. …

Can A Good Judge Be A Good Politician - Judicial Elections From A Virtue Ethics Approach, Marie A. Failinger

Missouri Law Review

In this Article, I argue that direct judicial elections, at least to the extent that they mimic other general elections, are not the wisest course for selecting judges, though not precisely for the usual reasons cited by commentatorse.g., that lawyers are in a better position to evaluate the merits of judicial candidates than the public because they are less likely to be swayed by singleissue politics or irrelevant matters.8 In fact, it seems to me that both the perspectives of the practicing bar and the public are necessary to hold judges accountable. For example, a lawyer may be in a …

Drug Problem: Environmental Solution, Lisa Scanga

Pace Environmental Law Review

The goal of this paper is to highlight the impact of illegal drugs on the environment; the interrelated aspects of criminal law and environmental law as they apply to illegal drugs; and the effectiveness of using environmental solutions aimed at redressing the current drug problem.

The Right To A Jury Decision On Sentencing Facts After Booker: What The Seventh Amendment Can Teach The Sixth, Paul F. Kirgis

Faculty Law Review Articles

(the) Supreme Court's Sixth and Seventh Amendment jurisprudence has not created a more expansive jury right for criminal defendants. Instead, it has produced a system in which a civil litigant may demand a jury decision on questions that, if presented in a criminal case, would fall within the exclusive province of the judge. This Article explores this anomaly and argues that the Supreme Court in Booker missed a critical opportunity to redress the constriction of the criminal defendant's right to have a jury decide those facts that lead to the deprivation of the defendant's liberty.

My argument (on these points) …

Computer Crime And Control In Hong Kong, Kam C. Wong

Washington International Law Journal

This Article is a first attempt to study cyberspace governance and computer crime control in Hong Kong. It begins with a discussion of how computer crime was "discovered" as a cognizable object of control. Next, it explores the nature, prevalence and distribution of computer crime in Hong Kong before embarking on a comprehensive review and critical analysis of the Hong Kong government's cyberspace governance philosophy and computer crime control policy. The Article closes with a number of recommendations for improving Hong Kong cyberspace governance, which focus on developing a broad, overarching policy that both meets the public's goals and addresses …

Article 9 Of The Japanese Constitution And The Rule Of Law, Kenneth L. Port

Cardozo Journal of International and Comparative Law

The article argues that Article 9 of the Japanese Constitution was originally intended to prevent Japan from maintaining any military forces, whether for offensive or defensive purposes. Despite this, Japan now has the fourth-largest military in the world, creating a contradiction between the Constitution's intent and current reality. The article contends that the Self-Defense Forces (SDF) are unconstitutional and proposes converting them into a disaster relief organization to align with the original pacifist vision of Article 9.

Editorial, Biko Agozino

African Journal of Criminology and Justice Studies

No abstract provided.

Presidential Message, Thelma Thompson President

African Journal of Criminology and Justice Studies

No abstract provided.

Criminology As Lovemaking An Africa Centered, Biko Agozino

African Journal of Criminology and Justice Studies

This paper explores the potential role of love in criminal justice and jurisprudence by excavating ancient and modern philosophies of justice to reveal the puzzling evasion of love in attempts by various philosophical traditions to engineer a solution to the wobbly foundations of justice exclusively on the quicksand of rationality, authority and truth but without love. The paper will adopt the format of Platonian philosophical dialogue (originally borrowed from Africa) by staging a breaking of bread between Jens A.B. Jacobsen (JJ), a business man who died seeking universal justice through nature rather than through love and Ifi Amadiume (IA), the …