Digital Commons Network^™

Human Rights Claims Vs. The State: Is Sovereignty Really Eroding?, Chandra L. Sriram

ExpressO

It is often argued that the increase in agreements, specialized courts, and litigation protecting human rights or responding to past abuses of human rights has begun to erode sovereignty. Contrary to traditional principles of non-interference in internal affairs, it is argued, genuine protection of human rights involves an invasion of the sovereign preserve of the state. While many examples might be adduced in support of this claim, ranging from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda to the European Court of Human Rights, this article examines two types of transnational procedures: civil accountability through the use …

December 3, 2005 (Pages 6481-6626), Pennsylvania Legislative Reference Bureau

Volume 35 (2005)

No abstract provided.

Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman

ExpressO

This article explores how mental disability issues can be incorporated into a traditional criminal law class, in order to enrich student understanding of both mental disability law and criminal law doctrine. The intersection of mental disability with the doctrinal aspects of criminal law can be broken into five major categories: 1) the justifications for punishment; 2) the definition of crime in general, e.g., the requirements of a voluntary act, mens rea, and causation; 3) the definition of particular crimes, such as murder, manslaughter, rape, and burglary; 4) defenses to crime, including mistake of law and of fact, as well as …

Newscast, December 2, 2005, Illinois State University, College Of Applied Science And Technology

newsCAST

Newsletter of the Illinois State University College of Applied Science and Technology

The Forum (Volume 35, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Elder Abuse: More Is Expected Unless Society And Newspapers Intervene, Betty Lou Guckian

Theses & Dissertations

Elder abuse is a social illness of epidemic proportions in the United States and older Americans constitute one of the largest age groups in the nation. Ironically, there exists no comprehensive scientific study on the national incidence or prevalence of elder abuse in both institutional and domestic settings. However, state-based studies conducted over more than two decades show rampant elder abuse is a fact. Many factors contribute to the lack of research on a national scale including victims' underreporting of abuse for fear of retaliation. Lack of strong federal oversight of inconsistent, state-based laws and investigative procedures as well as …

Keynoter, December 2005, Boise State University Association Of Office Professionals

Boise State University Association of Office Professionals - Keynoter

President's Address

Nominations and Elections

ACE Report

National Conference 2005!

Program Report

ACAEOP Events

PSP – Professional Standards Program

Membership Update

Scholarship Information

Professional Development Update

Holiday Auction Recap

Progress Notes, Lehigh Valley Health Network

Progress Notes

No abstract provided.

Appealing Ineffective Assistance Of Counsel, Constance Stansell

Law Library Student-Authored Works

No abstract provided.

How The Justice System Responds To Juvenile Victims: A Comprehensive Model., David Finkelhor, Theodore P. Cross, Elise N. Cantor

Crimes Against Children Research Center

The justice system handles thousands of cases involving juvenile victims each year. These victims are served by a complex set of agencies and institutions, including police, prosecutors, courts, and child protection agencies. Despite the many cases involving juvenile victims and the structure in place for responding to them, the juvenile victim justice system model presented in this Bulletin is a new concept. Although the juvenile victim justice system has a distinct structure and sequence, its operation is not very well understood. Unlike the more familiar juvenile offender justice system, the juvenile victim justice system has not been conceptualized as a …

0551 The Continuing Examination Of The Treatment Of Persons With Mental Illness Who Are Involved In The Justice System, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan

Scholarly Publications

Despite their status as independent sovereigns, states increasingly exhibit a willingness to interact when it comes to crime control matters. This Article examines the two foremost examples of this phenomenon: criminal recidivist enhancement laws and sex offender registration laws. Both types of laws have been around for decades and have evolved to accommodate ex-offenders, who, consistent with constitutional freedom of movement, can (and often do) change state residences. This effort at accommodation, however, puts states in the unusual position of having to interpret and apply the criminal laws and outcomes of their fellow sovereigns. As the Article makes clear, recidivist …

The Setonian, December 1, 2005, Seton Hall University

2005

No abstract provided.

It's As Clear As Mud: A Call To Amend The Federal Trademark Dilution Act Of 1995, Matthew C. Oesterle

Chicago-Kent Law Review

The Federal Trademark Dilution Act ("FTDA") has failed to protect, in the manner intended by Congress, the subset of trademarks that have achieved a high threshold of fame from subsequent uses that dilute or tarnish those trademarks. Courts have applied inconsistent measures of fame to the trademarks of the litigants before them and a poor wording choice in the drafting of the FTDA has led the Supreme Court to conclude that famous trademarks must sustain actual harm to their distinctiveness before their owners can receive the equitable remedy provided under the Act. Based on the legislative history of the Act, …

Re-Enfranchisement Laws Provide Unequal Treatment: Ex-Felon Re-Enfranchisement And The Fourteenth Amendment, Cherish M. Keller

Chicago-Kent Law Review

Individuals convicted of a felony lose the right to vote at least temporarily in most states, and ex-felons are disenfranchised for life in seventeen states. There are often procedures by which ex-felons may regain the right to vote in the lifetime disenfranchisement states, but the procedures vary widely and are often unclear and unrealistic. The right to vote is fundamental once provided by a state, and wealth discrimination coupled with a fundamental right merits strict scrutiny. While ex-felon disenfranchisement may be constitutional, once a state provides a procedure by which ex-felons may regain the right to vote, that procedure must …

Comorbidity Of Attention Deficit Hyperactivity Disorder And Gender With Internalizing And Externalizing Symptoms., Anna Louise Peterson

Electronic Theses and Dissertations

This study examined the association between internalizing and externalizing symptoms, gender, and the diagnosis of Attention-Deficit/Hyperactivity Disorder. Participants included 104 males and 74 females, aged 6 to 16 from a diagnostic clinic. Parents and teachers completed the Attention Deficit Disorders Evaluation Scale, Second Edition (ADDES-2) to determine whether they met the criteria for Attention-Deficit/Hyperactivity Disorder and the Behavior Assessment System for Children (BASC) in order to measure internalizing and externalizing symptoms. Regression analyses indicated partial support for association between inattention and internalizing symptoms, with higher ratings of inattention found for both anxiety and depression as rated by parents and higher …

An Exploratory Study Of Neighborhood Choices Among Moving To Opportunity Participants In Baltimore, Maryland: The Influence Of Housing Search Assistance, James X. Bembry, Donald F. Norris

The Journal of Sociology & Social Welfare

This study examined the neighborhood choices of 150 families who participated in the Moving To Opportunity Program (MTO) in Baltimore, Maryland. The MTO program, utilizing an experimental design, provided intensive housing search and counseling services to the experimental subjects. This study found that the counseling services were instrumental in altering the subject's cognitive maps, and they were more likely to move to neighborhoods that were more racially integrated, safer, and, also, had higher levels of satisfaction with their new neighborhood. The authors conclude that the MTO program in Baltimore represents a clear case of public policy that, at least in …

Medellin V. Dretke: Another Chapter In The Vienna Convention Narrative, Janet K. Levit

Tulsa Law Review

No abstract provided.

Que Ondee Sola - December 2005, Michael Reyes Benevides

Que Ondee Sola

Student publication founded in 1972, articles include: Connecting a History of Latino Student Struggle at NEIU, Latino and Latni American Studies Program, Interview with Professor Victor Ortiz, Student Paper Llas Minor, Student Groups Support the Latino and Latin American Studies Minor, Fall Course Review, Spring 2006 LLAS Courses, Proyecto Pa'lante, El Centro, ENLACE, Special Vida/ SIDA Insert

Court Review: Volume 41, Issue 3-4 - Is Judicial Independence A Casualty In State And Local Budget Battles?, Michael A. Cicconetti, Michael Buenger, Lawrence G. Myers, Robert Wessels

Court Review: Journal of the American Judges Association

The first panel discussion at the National Forum on Judicial Independence reviews the budget pressures encountered by the judiciary and their impact on judicial independence. The discussion was led by then-AJA vice president Michael A. Cicconetti, a municipal judge from Painesville, Ohio. Panelists were Michael L. Buenger, Missouri state court administrator, Lawrence G. Myers, court administrator for Joplin, Missouri, and Robert Wessels, court manager for the County Criminal Courts at Law in Houston, Texas. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.

Court Review: Volume 41, Issue 3-4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 41, Issue 3-4 - President’S Column, Gayle A. Nachtigal

Court Review: Journal of the American Judges Association

Over their lifetime, most citizens will never see the inside of a jail or be a participant in a criminal trial. They may come to the courthouse for traffic violations and for domestic relations cases, to pay property taxes, deal with landlord-tenant matters, or obtain documents for other events in their lives. As a result, their understanding and appreciation for the judicial system must be gathered from other sources. We must provide accurate information. Citizens receive information about the judicial system from the media, particularly television. Television cases are resolved in approximately 22 minutes; on at least one show, that …

Hastings Community (Winter 2005), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Homeland Insecurity: The Emotional Response That Expanded The Federal Bureaucracy And Its Efforts To Prevent Acts Of Terrorism Against The United States, Thomas Herrera

Criminology & Criminal Justice Theses - Archive

This study will examine the emotional response that led to the expansion of the federal bureaucracy of the U.S. Government in the aftermath of the September 11, 2001 terrorist attacks. The federal bureaucracy was expanded in order to prevent future acts of terrorism on the U.S. homeland and execute policies related to the War on Terror. The terrorist attacks of September 11, 2001 had an immediate and overwhelming emotional effect upon the American public and prompted countless memorials and services across the United States and around the world. Gratitude towards uniformed public-safety workers (notably firefighters and police officers) was widely …

Gender Inequality In Law Enforcement And Males' Attitudes And Perceptions Toward Women Working In Law Enforcement, Tracee Davis

Criminology & Criminal Justice Theses - Archive

This study aims to identify and analyze the male officers' perception of female officers based on responses from a survey instrument. The data was obtained from a sample of male police officers employed by a police department located in Fort Worth, TX. The findings of the study have direct implications for criminal justice regarding the status of women in policing, future police training, and the attraction and recruitment for female officers.

The Pan American (2005-12-01), Emma Clark

UTPA Archives - The Pan American Newspaper

55th Year, No. 14

Yarborough V. Alvarado: Why Is The Supreme Court Pretending That A Child Is An Adult Or That A Blind Man Can See, Rayee Lumer

Loyola of Los Angeles Law Review

No abstract provided.

Enforcement Effectiveness In The Canadian Capital Markets, Poonam Puri

Commissioned Reports, Studies and Public Policy Documents

This paper focuses on the fundamental principles underlying effective enforcement by regulators. In particular, this paper analyzes the critical role of the criminal law and judges in effectively addressing capital markets misconduct. It also analyzes how securities regulators can best structure the wide discretion that is afforded to them in designing enforcement strategies and policies that are effective, fair, transparent and accountable. This study also examines the current allocation and division of enforcement responsibilities in respect of the capital markets amongst the numerous entities involved and explores contentious issues related to the current overlapping and concurrent jurisdiction. Finally, this study …

Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab

West Virginia Law Review

No abstract provided.

Writing The Book[Er] On Blakely: The Challenge To The Federal Sentencing Guidelines, Carol A. Pettit

Tulsa Law Review

No abstract provided.