Digital Commons Network^™

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis

Richmond Journal of Law and the Public Interest

Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.

Scalia's Infidelity: A Critique Of "Faint-Hearted" Originalism, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this essay, based on the 2006 William Howard Taft lecture, the author critically evaluates Justice Antonin Scalia's famous and influential 1988 Taft Lecture, entitled Originalism: The Lesser Evil. In his lecture, Justice Scalia began the now-widely-accepted shift from basing constitutional interpretation on the intent of the framers to relying instead on the original public meaning of the text. At the same time, the essay explains how Justice Scalia allows himself three ways to escape originalist results that he finds to be objectionable: (1) when the text is insufficiently rule-like, (2) when precedent has deviated from original meaning and …

Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith

Georgetown Law Faculty Publications and Other Works

I believe there is no more important work than defending kids, especially those accused of serious crimes. The consequences of juvenile crime are increasingly severe, whether kids remain in the juvenile system or are prosecuted as adults. We lock up too many people in this country, many of whom are children. Surely, at the start of the twenty-first century - given our knowledge about the causes of juvenile delinquency and crime - we can do more than put troubled kids in cages. So, why not work with young offenders who are on their way to becoming adult clients, to try …

Improving Disaster Response Efforts With Decision Support Systems, Steven M. Thompson, Nezih Altay, Walter G. Green Iii, Joanne Lapetina

Management Faculty Publications

As evidenced by Hurricane Katrina in August, 2005, disaster response efforts are hindered by a lack of coordination, poor information flows, and the inability of disaster response managers to validate and process relevant information and make decisions in a timely fashion. A number of factors contribute to current lackluster response efforts. Some are inherent to the complex, rapidly changing decision-making environments that characterize most disaster response settings. Others reflect systematic flaws in how decisions are made within the organizational hierarchies of the many agencies involved in a disaster response. Slow, ineffective strategies for gathering, processing, and analyzing data can also …

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

This article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States—two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes—and accepts—the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts—flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …

It Takes A Lawyer To Raise A Child?: Allocating Responsibilities Among Parents, Children, And Lawyers In Delinquency Cases, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

This Article considers whether, and to what extent, children do or should look to parents for guidance in matters of juvenile delinquency. To this end, I draw insight from theories of adolescent development, rules of professional ethics, and principles of constitutional law and justice. In Part I, I identify opportunities for support and collaboration between children and parents in the juvenile justice system and then consider the potential for conflict in these families. In Part II, I propose six strategies for effective lawyering on behalf of children and parents in juvenile court. Given the complexities of the issues, I recognize …

An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin

Fordham International Law Journal

This Article first briefly discusses the use of distance learning in a law school environment, and considers the special implications of distance learning for persons with disabilities. It then explains the structure and rationale of these courses, reports on a course section taught in Nicaragua in the Fall-Winter of 2002, and considers plans to replicate the Nicaraguan experience throughout other nations with developing economies in Africa, Asia, Central America, and Central and Eastern Europe. Finally, this Article assesses the potential impact of such a course on developing-economy nations.

A Study Of Relationships Between Tropical Thunderstorm Properties And Corresponding Anvil Cloud Characteristics, Christopher J. Theisen

Theses and Dissertations

No abstract provided.

Evolving Objective Standards: A Developmental Approach To Constitutional Review Of Morals Legislation, Christian J. Grostic

Michigan Law Review

This Note argues that the Supreme Court's recent jurisprudence regarding morals legislation mirrors the findings of empirical research on moral and psychological development. Specifically, the Supreme Court upholds morals legislation only if it is justified by stage five reasoning. Part I examines significant Supreme Court cases related to morals legislation over the last 50 years and argues that the Supreme Court has consistently upheld morals legislation that is justified by stage five reasoning, while consistently striking down as unconstitutional morals legislation that is not. Part II argues that a developmental approach to constitutional review of morals legislation, while consistent with …

The Military And State-Secrets Privilege: The Quietly Expanding Power, Erin M. Stilp

Catholic University Law Review

No abstract provided.

2006 Calendar Year Report To The Rio Grande Compact Commission, Hal D. Simpson, John R. D'Antonio, Patrick R. Gordon, Bill Ruth

Law of the Rio Chama

No abstract provided.

Nuclear Arms Control: The Environmental Dimension, Lakshman D. Guruswamy, Jason B. Aamodt

Colorado Environmental Law Journal

No abstract provided.

Saving 17200: An Analysis Of Proposition 64, Jacquetta Lannan

Santa Clara Law Review

No abstract provided.

Should Louisville Build A Dual Tenant Or Single Tenant Arena?, Chad Allen Harpole

MPA/MPP/MPFM Capstone Projects

The purpose of this research design was to make recommendations to Louisville Metro Council Members, members of the Kentucky General Assembly from Jefferson County and Louisville Metro Mayor Jerry Abramson on the potential revenue and economic impact a potential franchise of the National Basketball Association (NBA) could have on the proposed Louisville Arena Project and the city of Louisville.

Research in the literature review showed that stadiums, arenas and professional teams are poor investments by communities. Despite the research, the new Louisville Arena is going to be built because the Kentucky General Assembly included $75-million in bond financing for the …

Financial Efficiency In The Nonprofit Sector: An Analysis Of Factors Affecting Expense Ratios Of Kentucky Nonprofits, Emily A. Lane

MPA/MPP/MPFM Capstone Projects

Statement of Problem

Recent events in both the public and private sectors have lead to an environment of mistrust and caution surrounding the way organizations are managed and funds are handled. For the nonprofit sector, this has led to an emergence of charity rating or watchdog organizations and increased scrutiny of finances. Individual donors, charity rating agencies, and funding institutions have begun using expense ratios as a measure of financial efficiency. Decisions on the financial efficiency of organizations are being made without a good understanding of what factors affect these ratios.

Research Questions

The purpose of this paper is to …

Neiu Magazine- Winter 2006, Neiu Magazine Staff

NEIU Magazine

No abstract provided.

You Got No Secrets To Conceal: Considering The Application Of The Tarasoff Doctrine Abroad, Michael L. Perlin

Articles & Chapters

No abstract provided.

Freedom And Fear Post-9/11: Are We Again Fearing Witches And Burning Women Leo C. Goodwin Symposium: Tilting The Scales: The Changing Roles Of Women In The Law And Legal Practice, Nadine Strossen

Articles & Chapters

No abstract provided.

Making America ‘The Land Of Second Chances’: Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele S. Williams

Articles & Chapters

No abstract provided.

City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster

Faculty Scholarship

One of the goals of land use (and pollution control) law is to force the internalization of these costs. This otherwise economic view of land use law is also rooted, however, in an ecological understanding of urban land use. Legal scholars writing over three decades ago successfully argued, based upon the ecological facts of life, that "[p]roperty does not exist in isolation" because the effects of its uses flow outside of the boundaries of ownership. The notion that property is inextricably part of a network of social and economic relationships, and that its impacts traverse legally defined boundaries and relationships, …

Court-Ordered Confidentiality In Discovery Symposium: Secrecy In Litigation: I: Article, Howard M. Erichson

Faculty Scholarship

The debate over discovery confidentiality has raged for over twenty years, since before the Supreme Court's decision in Seattle Times Co. v. Rhinehart, and it shows no sign of fading. If anything, issues of litigation confidentiality appear to have gained increased attention in recent years. The United States District Court for the District of South Carolina attracted nationwide attention in 2002 when it adopted a local rule severely restricting secret settlements and addressing other aspects of court-ordered confidentiality. In 2004 the Federal Judicial Center completed an empirical study of sealed settlements. It seems that each month of 2005 brought new …

Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard

Cardozo Journal of Conflict Resolution

This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature …

The Road Less Traveled: Using Adr To Help Reform Firsttime Juvenile Offenders, Maggie Gertz

Cardozo Journal of Conflict Resolution

Section I of this Note details the history of the juvenile justice system, making specific reference to the various developments in juvenile justice policy, concluding with a discussion of the conflicts involved in juvenile offending. Section II examines ADR techniques that have been used in the juvenile justice field, with some success, as an alternative to further prosecution, incarceration or other punishment, highlighting Victim-Offender Mediation and Family Group Conferencing. In Section III, I analyze why ADR techniques are an ideal solution to the ills of the current system, and how these methods meet many of the goals of the traditional …

Factors Influencing User-Level Success In Police Informationsharing: An Examination Of Florida's Finder System, Jr Ernest Scott

Electronic Theses and Dissertations

An important post-9/11 objective has been to connect law enforcement agencies so they can share information that is routinely collected by police. This low-level information, gathered from sources such as traffic tickets, calls for service, incident reports and field contacts, is not widely shared but might account for as much as 97% of the data held in police records systems. U.S. policy and law assume that access to this information advances crime control and counterterrorism efforts. The scarcity of functioning systems has limited research opportunities to test this assumption or offer guidance to police leaders considering investments in information sharing. …

Police Organizational Performance In The State Of Florida:Confirmatory Analysis Of The Relationship Of The Environment And Design Structure To Performance, Jeffrey Goltz

Electronic Theses and Dissertations

To date, police organizations have not been rigorously analyzed by organizational scholars and most analysis of these organizations has been captured through a single construct. The purpose of this study is to develop confirmatory police organizational analysis by validating a multi-dimensional conceptual framework that explains the relationships among three constructs: environmental constraints, the design structures of police organizations, and organizational performance indicators. The modeling is deeply rooted in contingency theory, and the influence of isomorphism and institutional theory on the covariance structure model are investigated. One hundred and thirteen local police organizations from the State of Florida are included in …

Vehicular Pursuits : Policy Analysis And Recommendations For The Missoula Police Department, Nickolas J. Kuntz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Save The Cities, Stop The Suburbs?, Nicole Stelle Garnett

Journal Articles

The fact that the word "sprawl" is uttered by curling the upper lip into a snarl captures some of the emotion generated by the current debate over American land use policy. Two recent books - Robert Bruegmann's defense of sprawl and Joel Kotkin's ambitious but short history of great cities - provide an opportunity to consider sprawl's costs and benefits and also to examine the case for legal efforts to curtail sprawl in order to save our cities. These are important questions because, as Bruegmann observes, calls for "stopping" sprawl may proceed from serious misconceptions about its extent, causes, and …

Taking Accommodation Seriously: Religious Freedom And The O Centro Case, Richard W. Garnett, Joshua D. Dunlap

Journal Articles

The big stories from the Supreme Court's 2005-06 Term were about military commissions and enemy combatants, political redistricting and campaign contributions, and the nomination and confirmation - the first in more than a decade - of two new Justices. Largely overlooked in the crush of Court-related coverage was the Term's lone church-state decision, Gonzalez v. O Centro Espirita Beneficente Uniao do Vegetal, involving the ritualized, but illegal, use by a small religious community from Brazil of a hallucinogenic tea called hoasca. Strictly speaking, O Centro was not a Religion Clauses case at all. It involved the interpretation and …

You Drink, You Drive, You Lose: Or Do You?, Tina Wescott Cafaro

Faculty Scholarship

This Article explores different ways to effectively discourage the crime of alcohol impaired driving. Part I analyzes the trend of utilizing preventive educational measures to counteract societal acceptance of this crime and the shortcomings of relying exclusively on this measure. Part II discusses OUI prevention based on deterrence and the use of stricter penalties, such as mandatory jail sentences, to stop alcohol impaired drivers. This section explores whether the trend of increasing the severity of the punishment for OUI offenses is effective in stopping the crime. This section also discusses the shortcomings of OUI legislation that make deterrence of OUI …

A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus

Faculty Scholarship

No abstract provided.