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2005

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Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami Jan 2005

Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami

Scholarly Articles

This article explores the use of threats of removal against federal judges and why their incidence is likely to increase. In Part I, after presenting the textual sources authorizing judicial removal, I survey briefly the history and quality of certain judicial impeachments and threatened removals. In Part II, I examine two recent pieces of legislation, the Feeney Amendment and House of Representatives Resolution 568 (which has not yet been enacted), that serve as able vehicles for legislators to threaten judges with removal for noncompliance with certain political ideologies or objectives. In Part III, I ask what may explain the increased …


Reflections On Wisconsin's Brown Experience, Phoebe Weaver Williams Jan 2005

Reflections On Wisconsin's Brown Experience, Phoebe Weaver Williams

Marquette Law Review

No abstract provided.


Is Restorative Justice Compatible With Sentencing Uniformity?, Michael M. O'Hear Jan 2005

Is Restorative Justice Compatible With Sentencing Uniformity?, Michael M. O'Hear

Marquette Law Review

No abstract provided.


Why Do I Teach Restorative Justice To Law Students?, Janine Geske Jan 2005

Why Do I Teach Restorative Justice To Law Students?, Janine Geske

Marquette Law Review

No abstract provided.


Finding The Right Time And Place: A Case Study Comparison Of The Expression Of Offender Remorse In Traditional Justice And Restorative Justice Contexts, Susan J. Szmania, Daniel E. Mangis Jan 2005

Finding The Right Time And Place: A Case Study Comparison Of The Expression Of Offender Remorse In Traditional Justice And Restorative Justice Contexts, Susan J. Szmania, Daniel E. Mangis

Marquette Law Review

No abstract provided.


Human Rights Investigation And Dialogue, Bronwyn Leebaw Jan 2005

Human Rights Investigation And Dialogue, Bronwyn Leebaw

Human Rights & Human Welfare

A review of:

Shattered Voices: Language, Violence, and the Work of Truth Commissions by Teresa Godwin Phelps. Philadelphia, PA: University of Pennsylvania Press, 2004. 180pp.

and

International Citizens’ Tribunals: Mobilizing Public Opinion to Advance Human Rights by Arthur Jay Klinghofer and Judith Apter Klinghofer. New York, NY: Palgrave, 2002. 272pp.


Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen Jan 2005

Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen

Articles

No abstract provided.


Comments: Check Your Privacy Rights At The Front Gate: Consensual Sodomy Regulation In Today's Military Following United States V. Marcum, Captain Erik C. Coyne Jan 2005

Comments: Check Your Privacy Rights At The Front Gate: Consensual Sodomy Regulation In Today's Military Following United States V. Marcum, Captain Erik C. Coyne

University of Baltimore Law Review

No abstract provided.


Focus Emu, September 20, 2005, Office Of Public Information Jan 2005

Focus Emu, September 20, 2005, Office Of Public Information

Focus EMU

No abstract provided.


Focus Emu, January 11, 2005, Office Of Public Information Jan 2005

Focus Emu, January 11, 2005, Office Of Public Information

Focus EMU

No abstract provided.


Domestic Violence And Mediation: Responding To The Challenges Of Crafting Effective Screens, Jane C. Murphy, Robert Rubinson Jan 2005

Domestic Violence And Mediation: Responding To The Challenges Of Crafting Effective Screens, Jane C. Murphy, Robert Rubinson

All Faculty Scholarship

Over the last two decades, mediation of family law cases has become well-established in American courts. As mediation has grown, experts have recognized that power imbalances between couples may interfere with mediation. This imbalance is particularly evident where one partner has been abusive to the other. Widespread consensus has developed that decisions about whether mediation is appropriate are particularly crucial and delicate when domestic violence is present. Despite this consensus, there is evidence that courts are still ordering couples who have experienced domestic violence to mediate their family law disputes with little or not particularized examination of the couples' circumstances. …


The Patriot Act And Its Infringment [Sic] On Civil Liberties, Andaleeb Khalil Jan 2005

The Patriot Act And Its Infringment [Sic] On Civil Liberties, Andaleeb Khalil

Senior Honors Theses and Projects

No abstract provided.


Csusb Viewbook (2005-2006) [Small Format], California State University, San Bernardino Jan 2005

Csusb Viewbook (2005-2006) [Small Format], California State University, San Bernardino

CSUSB Viewbooks

No abstract provided.


Csusb Viewbook (2005-2006), California State University, San Bernardino Jan 2005

Csusb Viewbook (2005-2006), California State University, San Bernardino

CSUSB Viewbooks

No abstract provided.


Convocation Video (2005), California State University, San Bernardino Jan 2005

Convocation Video (2005), California State University, San Bernardino

CSUSB Sound and video recordings

No abstract provided.


“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller Jan 2005

“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller

Faculty Scholarship

The definition that the Supreme Court ultimately gives to the concept of testimonial statements will obviously be of critical importance in determining whether the new Confrontation Clause analysis adopted by Crawford affects only a few core statements or applies to a broader group of accusatorial statements knowingly made to government officials and perhaps private individuals at arm's length from the speaker. I contend that the broader definition is more consistent with the anti-inquisitorial roots of the Confrontation Clause when that provision is applied in the modern world. If my sense of the proper scope of the clause is roughly correct, …


Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Website, Fran Ansley, Cathy Cochran Jan 2005

Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Website, Fran Ansley, Cathy Cochran

Villanova Law Review (1956 - )

No abstract provided.


Bridgewater Magazine, Volume 15, Number 2, Winter 2005, Bridgewater State College Jan 2005

Bridgewater Magazine, Volume 15, Number 2, Winter 2005, Bridgewater State College

Bridgewater Magazine

Feature stories cover BSC’s Office of International and Exchange Programs, which provide numerous opportunities for students, faculty, staff and members of the community to study abroad; also Alumni Profiles, College News, Career Services Update, and Class Notes.


Bridgewater Magazine, Volume 16, Number 1, Fall 2005, Bridgewater State College Jan 2005

Bridgewater Magazine, Volume 16, Number 1, Fall 2005, Bridgewater State College

Bridgewater Magazine

Feature stories cover BSC students’ volunteer activities throughout the region; also Alumni Profiles, College News, and Class Notes.


Index To The House Journal State Of Colorado: Sixty-Fifth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly Jan 2005

Index To The House Journal State Of Colorado: Sixty-Fifth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule Jan 2005

Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule

Articles

No abstract provided.


Is Capital Punishment Morally Required? - Acts, Omissions, And Life-Life Tradeoffs Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule Jan 2005

Is Capital Punishment Morally Required? - Acts, Omissions, And Life-Life Tradeoffs Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule

Articles

Many people believe that the death penalty should be abolished even if as recent evidence seems to suggest, it has a significant deterrent effect. But if such an effect can be established, capital punishment requires a life-life tradeoff, and a serious commitment to the sanctity of human life may well compel, rather than forbid, that form of punishment. The familiar problems with capital punishment potential error, irreversibility, arbitrariness, and racial skew-do not require abolition because the realm of homicide suffers from those same problems in even more acute form. Moral objections to the death penalty frequently depend on a sharp …


Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha Jan 2005

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha

Articles

No abstract provided.


Do Former Leaders Have An International Right To Act As Their Own Lawyer In War Crimes Trials?, Michael P. Scharf, Christopher Rassi Jan 2005

Do Former Leaders Have An International Right To Act As Their Own Lawyer In War Crimes Trials?, Michael P. Scharf, Christopher Rassi

Faculty Publications

Picture what would happen if former Iraqi dictator Saddam Hussein sought to represent himself at his war crimes trial before the Iraqi Special Tribunal. While doing so, assume that the judge presiding over his case decided to follow the precedent of the Trial Chamber of the International


Criminal Tribunal for the former Yugoslavia (ICTY) that tried the case of Slobodan Milosevic, which held: "[U]nder customary international law, the defendant has a right to counsel, but he also has a right not to have counsel."


Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang Jan 2005

Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang

Faculty Publications

In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST). The IST is a unique "internationalized-domestic tribunal" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad. There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of …


U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry Jan 2005

U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry

Faculty Scholarly Works

This Article reviews the influence of comparative law during the past 100 years and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal ethics scholarship. This time period also included a significant amount of legal ethics scholarship employing a …


The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy Jan 2005

The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy

Articles

Criminal justice scholars agree that the process cannot adequately be captured simply by reporting guilty pleas, jury acquittals and convictions. Rather, one must imagine a giant cornucopia, the large end representing the huge mass of unreported and uncleared crimes, the small end representing the small number of convicted felons sentenced to prison. Between these terminal points can be found all those criminals the police decide not to arrest or refer for prosecution, all those cases prosecutors decide not to prosecute, the cases prosecutors decide to dismiss (or "nolle prosequi," often referred to as "nol pros") after they have been filed, …


Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington Jan 2005

Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington

Articles

No abstract provided.


Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness Jan 2005

Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness

Articles

No abstract provided.


State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase Jan 2005

State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase

Articles

No abstract provided.