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2005

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Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Cambell Jan 2005

Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Cambell

Irish Journal of Applied Social Studies

Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. The long-established practice of diverting certain young offenders from prosecution ensures that children are not drawn into the criminal justice system and are not given a criminal record (Goldson, 2000: 35). A non-statutory diversion programme entitled the Garda Liaison Scheme was established in Ireland in 1963, which diverted less serious young offenders from prosecution (Report of the Committee Appointed to Monitor the Effectiveness of the Diversion …

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Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman Jan 2005

Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman

Publications

No abstract provided.

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Public Lands, Wilderness, And National Security, Roberto Iraola Jan 2005

Public Lands, Wilderness, And National Security, Roberto Iraola

Dickinson Law Review (1908-2003)

No abstract provided.

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The Civil Rights Act Of 1964 And Coalition Politics, Sheryll Cashin Jan 2005

The Civil Rights Act Of 1964 And Coalition Politics, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Professor Days began his Childress Lecture by recounting his personal experience with Jim Crow segregation. I too have such a story. I was born and raised in Hunstville, Alabama, a city that is notable, among other things, for having desegregated its public accommodations in 1962, two full years before the passage of the Civil Rights Act of 1964. The turning point in the non-violent sit-in movement in Hunstville was when a young, African- American woman was arrested with a four-month-old baby in her arms, along with a friend who was eight months pregnant. This caused some outrage and widespread press …

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Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger Jan 2005

Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger

University of Colorado Law Review

No abstract provided.

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The Dilemma Of Expressive Punishment, William Deford Jan 2005

The Dilemma Of Expressive Punishment, William Deford

University of Colorado Law Review

No abstract provided.

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Begging To Defer: Lessons In Judicial Federalism From Colorado Search-And-Seizure Jurisprudence, Richard C. Miller Jan 2005

Begging To Defer: Lessons In Judicial Federalism From Colorado Search-And-Seizure Jurisprudence, Richard C. Miller

University of Colorado Law Review

No abstract provided.

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Lock Them Up And Throw Away The Vote, Robin L. Nunn Jan 2005

Lock Them Up And Throw Away The Vote, Robin L. Nunn

Chicago Journal of International Law

This Comment examines whether US felon disenfranchisement laws are consistent with international legal principles and concludes that international obligations to provide equality under law and equal protection of the law would be met by allowing felon offenders the right to vote. Section II gives a history of American felon disenfranchisement laws. Section III examines felon voting rights in the United States, which are often classified as the world's most restrictive. Section IV considers the basic principles for electoral democracy under international law. Finally, Section V finds that electoral practices excluding ex-convicts from voting in the United States are unreasonably discriminatory …

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Recalling The Case For Sovereignty, Jeremy A. Rabkin Jan 2005

Recalling The Case For Sovereignty, Jeremy A. Rabkin

Chicago Journal of International Law

In the spring of 2004, the question was whether forces of the American-led coalition in Iraq would fall under the direct control of the ostensibly "sovereign" government of Iraq. The United States has not been willing to put its forces under foreign control in the past and was not willing to do so in Iraq. If the interim government in Iraq, however, was heavily dependent on security assistance from coalition forces-in facing threats from an insurgency on its own territory-then it might seem a bit odd to insist that this vulnerable and dependent Iraqi government was entirely "sovereign." The same …

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The Geography Of Justice, Kal Raustiala Jan 2005

The Geography Of Justice, Kal Raustiala

Fordham Law Review

No abstract provided.

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Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown Jan 2005

Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown

Buffalo Law Review

No abstract provided.

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Report Card: Grading The Country's Response To Columbine, Scott R. Simpson Jan 2005

Report Card: Grading The Country's Response To Columbine, Scott R. Simpson

Buffalo Law Review

No abstract provided.

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Adr: The New Equity, Thomas O. Main Jan 2005

Adr: The New Equity, Thomas O. Main

Scholarly Works

No abstract provided.

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Could Biobanking Be A Means To Include "Health Care Have-Nots" In The Genomics Revolution?, Michael J. Malinowski Jan 2005

Could Biobanking Be A Means To Include "Health Care Have-Nots" In The Genomics Revolution?, Michael J. Malinowski

Journal Articles

No abstract provided.

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Minority Threat And Police Strength From 1980 To 2000: A Fixed-Effects Analysis Of Nonlinear And Interactive Effects In Large U.S. Cities, Stephanie L. Kent, David Jacobs Jan 2005

Minority Threat And Police Strength From 1980 To 2000: A Fixed-Effects Analysis Of Nonlinear And Interactive Effects In Large U.S. Cities, Stephanie L. Kent, David Jacobs

Sociology & Criminology Faculty Publications

Many studies have assessed threat theory by investigating the relationships between the size of minority populations and police strength. Yet these investigations analyzed older data with cross-sectional designs. This study uses a fixed-effects panel design to detect nonlinear and interactive relationships between minority presence and the per capita number of police in large U.S. cities in the last three census years. The findings show that the relationship between racial threat and the population-corrected number of police officers has recently become considerably stronger. In accord with theoretically based expectations, tests for interactions show that segregated cities with larger African American populations …

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2004 Survey Of Florida Juvenile Law, Michael J. Dale Jan 2005

2004 Survey Of Florida Juvenile Law, Michael J. Dale

Nova Law Review

No abstract provided.

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Bgsu Graduate College 2005-2006 Catalog, Bowling Green State University Jan 2005

Bgsu Graduate College 2005-2006 Catalog, Bowling Green State University

Course Catalogs

Bowling Green State University graduate catalog for 2005-2006.

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The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch Jan 2005

The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray Jan 2005

"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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United States V. Lara, 124 S. Ct. 1628 (2004) Jan 2005

United States V. Lara, 124 S. Ct. 1628 (2004)

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil Jan 2005

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil

Articles

On August 14, 1989, the Cook County Circuit Court in Chicago, Illinois, vacated Gary Dotson's 1979 rape conviction and dismissed the charges.1 Mr. Dotson-who had spent ten years in and out of prison and on parole for this conviction-was not the first innocent prisoner to be exonerated and released in America. But his case was a breakthrough nonetheless: he was the first who was cleared by DNA identification technology. It was the beginning of a revolution in the American criminal justice system. Until then, exonerations of falsely convicted defendants were seen as aberrational. Since 1989, these once-rare events have become …

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Utter Excitement About Nothing: Why Domestic Violence Evidence-Based Prosecution Will Survive Crawford V. Washington., Donna D. Bloom Jan 2005

Utter Excitement About Nothing: Why Domestic Violence Evidence-Based Prosecution Will Survive Crawford V. Washington., Donna D. Bloom

St. Mary's Law Journal

In response to domestic violence involving victims who do not wish to cooperate in the prosecution of their abuser, prosecutors endeavor to frame cases around other evidence establishing a defendant’s guilt regardless of the victim’s testimony. Domestic violence cases set for trial are being thrown out of Texas courts because of the recent U.S. Supreme Court ruling that reasserts a defendant’s right to confront his accuser in court. Prosecutors believe that strong legal arguments exist to continue successfully prosecuting abusers without the cooperation of the victim at trial. This is through the continued admission of certain hearsay statements, despite Crawford …

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Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane Jan 2005

Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane

Case Western Reserve Journal of International Law

No abstract provided.

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International Criminal Law - How Long Will Some Miss The Missing Link, Hans Corell Jan 2005

International Criminal Law - How Long Will Some Miss The Missing Link, Hans Corell

Case Western Reserve Journal of International Law

No abstract provided.

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Exploring Committee Outliers In A Weak Party State Legislature: The Louisiana House, 2000-2003, Trisha Mari Sandahl Jan 2005

Exploring Committee Outliers In A Weak Party State Legislature: The Louisiana House, 2000-2003, Trisha Mari Sandahl

LSU Master's Theses

Studies on the role of committees in legislatures have focused primarily on the U.S. Congress. In this study I expand on these studies by determining whether or not the distributive, informational, or major party cartel theory used to explain the role of committees at the national level can be extended to the state level; i.e. the Louisiana house legislature. Hypotheses are tested by using roll call votes in the Louisiana House for the years 2000-2003. This study finds substantial support for the informational theory and minimal support for the distributive and major party cartel theories in the Louisiana House legislature.

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Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin Jan 2005

Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin

Articles & Book Chapters

Constitutional authority for the development and implementation of the rules of court lies with both the legislature, by its statutory power, and the judiciary, by the constitutional principles of judicial independence. The court rules in question here are those that govern court accessibility as well as the roles and responsibilities of parties in civil litigation. The three existing models of rule-making are court-led, where a majority of government officials, and collaborative, which lacks an evident majority of either. These rule-making bodies do not control court fees, the executive does, but in a system with any model, the judiciary always has …

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Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore Jan 2005

Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore

Animal Law Review

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.

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Defining Overcriminalization Through Cost-Benefit Analysis: The Example Of Criminal Copyright Laws, Geraldine Szott Moohr Jan 2005

Defining Overcriminalization Through Cost-Benefit Analysis: The Example Of Criminal Copyright Laws, Geraldine Szott Moohr

American University Law Review

No abstract provided.

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Using Discrete System Simulation To Model The Lane County Criminal Justice System, Olgay Cangur, Bob Denouden, Bud Reiff, Wayne Wakeland Jan 2005

Using Discrete System Simulation To Model The Lane County Criminal Justice System, Olgay Cangur, Bob Denouden, Bud Reiff, Wayne Wakeland

Complex Systems Faculty Publications and Presentations

The goal of the study is to provide a comprehensive simulation of the Lane County criminal justice system from arrest to release from parole. The study's focus is to determine the bottlenecks of the system and how they effect the key outcomes.

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Protection Orders: A Procedural Pacifier Or A Vigorously Enforced Protection Tool - A Discussion Of The Tenth Circuit's Decision In Gonzales V. Castle Rock, Michael Mattis Jan 2005

Protection Orders: A Procedural Pacifier Or A Vigorously Enforced Protection Tool - A Discussion Of The Tenth Circuit's Decision In Gonzales V. Castle Rock, Michael Mattis

Denver Law Review

No abstract provided.

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