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2005

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Articles 2401 - 2430 of 2538

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Perceived Experience Of Abuse And Shelter Stay : Battered Women And Their Children, Delia C. Campfield Jan 2005

Perceived Experience Of Abuse And Shelter Stay : Battered Women And Their Children, Delia C. Campfield

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck Jan 2005

The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck

Articles & Chapters

Agencies, not Congress, are the primary lawmakers in the American federal legal system. By law, the public has a right to participate in the making of agency rules. With the passage of the E-Government Act, administrative agencies are now required to use information and communication technologies to promulgate their rulemakings and to afford the public the opportunity to participate via the Internet. As currently envisioned, however, the move from rulemaking to electronic rulemaking will not realize the opportunity to improve participation to the full extent. Instead, the design of the screens through which people will interact with government are likely …

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Front Matter Jan 2005

Front Matter

Michigan Law Review

No abstract provided.

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Front Matter Jan 2005

Front Matter

Michigan Law Review

No abstract provided.

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When Prosecutors Control Criminal Court Dockets: Dispatches On History And Policy From A Land Time Forgot, Andrew Siegel Jan 2005

When Prosecutors Control Criminal Court Dockets: Dispatches On History And Policy From A Land Time Forgot, Andrew Siegel

Faculty Articles

The decision as to who has the authority to bring a matter up for resolution before a criminal court is one of the most basic decisions a system of criminal adjudication must make. Despite - or perhaps because of - the elemental nature of this structural matter, historians and scholars of criminal procedure have thus far offered a startling paucity of evidence as to the history and policy consequences of different docket control regimes. This article offers the first comprehensive examination of this issue, rescuing the history of criminal court calendar control from the dustbin of history and grappling in …

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Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton Jan 2005

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

Faculty Articles

This article takes the position that, although the PATRIOT Act is superficially unrelated to the specifics of the exclusionary rule, such a drastic departure from constitutional norms would not have been possible had the Court not conditioned the Fourth Amendment exclusionary rule's operation on pursuit of the inherently unstable target of institutional deterrence. 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 …

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Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey Jan 2005

Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey

Faculty Articles

This paper reevaluates Frankfurt School theory, and other cultural critiques, in an effort to bring a more sophisticated analysis to bear on popular culture depictions of law. It invokes the cultural critiques of the Birmingham School in order to assess the more subtle ideological content more often found in film. The focus is not only on how popular culture functions as a mechanism for communicating and reproducing ideologies, but also what this function is based on, a theoretical analysis that asks what images of law and legal justice one might expect to see in popular media. The article also assesses …

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Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell Jan 2005

Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell

Faculty Articles

In this paper, Professor Powell argues that the thinking of Bernard Lonergan in light of the natural law insights of St. Thomas Aquinas, Ali Ezzati and Abdullahi Ahmed An-Na'im provides a framework for Christian-Muslim dialogue. Lonergan's transcendental method moves from the individual subject to universal insights rather than presuming to deduce universals a priori, without regard for history, culture and individual experience. Professor Powell asserts that the most fruitful starting place for meaningful dialogue is to address questions of human rights and social justice using natural law theory, rather than focusing on theological concerns. If Muslims and Christians mutually acknowledge …

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Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse Jan 2005

Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse

Faculty Articles

This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.

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The Documentary History Of The Supreme Court Of The United States. 1789-1800. Vol. 7, Cases: 1796-1797, George Van Cleve Jan 2005

The Documentary History Of The Supreme Court Of The United States. 1789-1800. Vol. 7, Cases: 1796-1797, George Van Cleve

Faculty Articles

In this review, the author expresses praise for DHSC 7, a document that covers court cases from 1796 to 1797. It highlights various particular cases while noting how effectively they are examined. Ultimately, the review advocates that students of legal history should consider the DHSC 7.

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The New York Bar And Reform Of The Elected Judiciary After The Civil War, Renée Lettow Lerner Jan 2005

The New York Bar And Reform Of The Elected Judiciary After The Civil War, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This paper deals with the history of America's other peculiar institution: the elected judiciary. Elected judges are found virtually nowhere else in the world, but in America they are a fact of life in the considerable majority of states. The history of the elected judiciary is surprisingly little explored. This paper examines the post-Civil War trend away from Jacksonian populism and toward a more aristocratic view of the judiciary as a body set apart from the people. After the Civil War, many states, including New York, lengthened terms of office for their elected judges; some states even switched back to …

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Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol Jan 2005

Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol

GW Law Faculty Publications & Other Works

Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions.

Whether …

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Should Lawyers Participate In Rigged Systems: The Case Of The Military Commissions, Mary M. Cheh Jan 2005

Should Lawyers Participate In Rigged Systems: The Case Of The Military Commissions, Mary M. Cheh

GW Law Faculty Publications & Other Works

Lawyers often represent clients when the odds are long or a catastrophe likely. The facts might be harmful, the evidence overwhelming, or the law clearly on the side of the opponent. Still, we do the best we can. But what if the system is rigged? What if the system has the trappings of a fair fight, but is, in fact, skewed to one side and, by design, the lawyer cannot fully defend the client? What if the lawyer can only lend legitimacy to a process that at its core is biased, slanted in favor of the other side, or fundamentally …

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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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Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol Jan 2005

Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol

GW Law Faculty Publications & Other Works

Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions. Whether …

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Crawford Surprises: Mostly Unpleasant, Richard D. Friedman Jan 2005

Crawford Surprises: Mostly Unpleasant, Richard D. Friedman

Articles

Crawford v. Washington should not have been surprising. The Confrontation Clause guarantees a criminal defendant the right "to be confronted with the witnesses against him." The doctrine of Ohio v. Roberts, treating the clause as a general proscription against the admission of hearsay-except hearsay that fits within a "firmly rooted" exception or is otherwise deemed reliable-had so little to do with the constitutional text, or with the history or principle behind it, that eventually it was bound to be discarded. And the appeal of a testimonial approach to the clause seemed sufficiently strong to yield high hopes that ultimately the …

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Grappling With The Meaning Of 'Testimonial', Richard D. Friedman Jan 2005

Grappling With The Meaning Of 'Testimonial', Richard D. Friedman

Articles

Crawford v. Washington, has adopted a testimonial approach to the Confrontation Clause of the Sixth Amendment. Under this approach, a statement that is deemed to be testimonial in nature may not be introduced at trial against an accused unless he has had an opportunity to cross-examine the person who made the statement and that person is unavailable to testify at trial. If a statement is not deemed to be testimonial, then the Confrontation Clause poses little if any obstacle to its admission.2 A great deal therefore now rides on the meaning of the word "testimonial."

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An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine Jan 2005

An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine

Seattle University Law Review

This article reviews the Blakely decision and the Washington Legislature's response in S.B. 5477. Part II discusses the problem that Blakely created for Washington's sentencing guidelines system. Part III analyzes the judicial advisory and bifurcated trial proposals and explains why Washington wisely adopted the bifurcated trial approach. Part IV identifies key issues that are raised by using a bifurcated trial and analyzes how S.B. 5477 addresses, or fails to address, those issues. Finally, Part V concludes by suggesting that the legislature should have provided for the following in its bill responding to the Blakely decision: a provision allowing bifurcation for …

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Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington Jan 2005

Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Rhetoric, Divorce And International Human Rights: The Limits Of Divorce Reform For The Protection Of Children, Barbara Stark Jan 2005

Rhetoric, Divorce And International Human Rights: The Limits Of Divorce Reform For The Protection Of Children, Barbara Stark

Hofstra Law Faculty Scholarship

This paper, written for a Symposium, identifies and challenges three premises contained in the Symposium's title, "Divorce Reform for the Protection of Children." First, it tacitly assumes that divorce reform can protect "children" in general, rather than a relatively small, and quite demographically distinct, population of children in particular. Second, it assumes that divorce itself poses a danger to these children. Third, it assumes that the law should step in to avert, or at least manage that danger. This paper interrogates each of these propositions. My project may strike some as painfully obvious. Of course there are bigger, broader threats …

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Mend It Or End It?: The Revised Aba Capital Defense Representation Guidelines As An Opportunity To Reconsider The Death Penalty, Eric M. Freedman Jan 2005

Mend It Or End It?: The Revised Aba Capital Defense Representation Guidelines As An Opportunity To Reconsider The Death Penalty, Eric M. Freedman

Hofstra Law Faculty Scholarship

The revised edition of the ABA's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" offers a lens through which to consider whether retention of capital punishment is sensible public policy.

A reader of the Guidelines finds that the current death penalty system is characterized by severely impaired clients, pervasive racism, a structural bias in favor of guilty verdicts, less effective counsel than in non-capital cases, and a dysfunctional system of post-conviction review.

No amount of money can solve these problems; at best, sufficient expenditures can ameliorate them. But making even that attempt will be costly …

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Equality, Objectivity, And Neutrality, Alafair Burke Jan 2005

Equality, Objectivity, And Neutrality, Alafair Burke

Hofstra Law Faculty Scholarship

In her recently published book, Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom, Cynthia Lee weaves together an array of case narratives to argue that the concept of reasonableness in self-defense and provocation cases allows majority culture defendants to benefit from jurors' deeply ingrained biases. She makes her case by drawing from three categories of cases: men who claim they were provoked to kill by female infidelity; gay panic cases, in which heterosexual defendants claim self-defense or provocation from unwanted homosexual advances; and racialized fear cases, in which white defendants claim self-defense to justify the killing …

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Evaluation Of Violence Prevention Programs For Adolescents: A Meta-Analysis., Hyoun-Kyoung Higgerson Jan 2005

Evaluation Of Violence Prevention Programs For Adolescents: A Meta-Analysis., Hyoun-Kyoung Higgerson

All ETDs from UAB

No abstract provided.

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Lessons From Avena: The Inadequacy Of Clemency And Judicial Proceedings For Violations Of The Vienna Convention On Consular Relations, Linda Carter Jan 2005

Lessons From Avena: The Inadequacy Of Clemency And Judicial Proceedings For Violations Of The Vienna Convention On Consular Relations, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

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Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini Jan 2005

Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini

Articles

This article explores whether there exists a concept of non-arbitrariness that imposes limitations on the administration of welfare benefits without rules, regulations, policies or procedures. To address this question, the article examines the concept of non-arbitrariness within various jurisprudential doctrines and the potential applicability of the concept to limit arbitrary governmental action in the welfare context. In each of the areas where courts regulate arbitrary governmental action, underlying judicial concerns give rise to jurisprudential principles. Four principles stand out. First, at a minimum, there must be a rational relationship between the government’s ends and the means it chooses to reach …

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Reforming The Criminal Rap Sheet: Federal Timidity And The Traditional State Functions Doctrine, Mary De Ming Fan Jan 2005

Reforming The Criminal Rap Sheet: Federal Timidity And The Traditional State Functions Doctrine, Mary De Ming Fan

Articles

For decades, criminal justice officials have based key decisions about a defendant's fate and crime deterrence on a tool deplored by practitioners for its indecipherability and potential for inaccuracy or incompleteness—the rap sheet. Though the Supreme Court's criminal rights evolution progressed late last year to requiring rigor in documenting penalty maximum-enhancing prior convictions, the problem of the rap sheet has received little notice from jurists and scholars because the rap sheet plays its central role in discretionary decision-making areas shielded from scrutiny.[para] The rap sheet is not just a practitioner's problem. The flawing of the rap sheet is a parable …

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Explaining Race Disparities In South Dakota Sentencing And Incarceration, Richard Braunstein, Amy Schweinle Jan 2005

Explaining Race Disparities In South Dakota Sentencing And Incarceration, Richard Braunstein, Amy Schweinle

South Dakota Law Review

No abstract provided.

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An Absence Of Punishment And Custody Lead To An Absence Of Credit: Closs V. South Dakota Board Of Pardons And Parole, Hilary Williamson Jan 2005

An Absence Of Punishment And Custody Lead To An Absence Of Credit: Closs V. South Dakota Board Of Pardons And Parole, Hilary Williamson

South Dakota Law Review

No abstract provided.

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A Review Of Explaining Race Disparities In South Dakota Sentencing And Incarceration By Richard Braunstein And Amy Schweinle, Carole Goldberg, Duane Champagne Jan 2005

A Review Of Explaining Race Disparities In South Dakota Sentencing And Incarceration By Richard Braunstein And Amy Schweinle, Carole Goldberg, Duane Champagne

South Dakota Law Review

No abstract provided.

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South Dakota Review 50th Anniversary Topic Index, Vols. 31-50, South Dakota Law Review Jan 2005

South Dakota Review 50th Anniversary Topic Index, Vols. 31-50, South Dakota Law Review

South Dakota Law Review

No abstract provided.

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