Digital Commons Network^™

Gallaudet Today Volume 36 Number 1 Spring 2006, Todd Byrd

Gallaudet Today

No abstract provided.

Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner

Scholarly Articles

As the Supreme Court has turned federal sentencing upside down in Booker, it has left a host of open questions in the wake of that decision. The outcome of these questions is often difficult to predict, for lower courts and commentators alike, as the Court has failed to develop an overarching sentencing philosophy to replace the rehabilitation-focused one that animated sentencing for so long. If the Court were to reach consensus on that issue, it would be better able to speak coherently on unresolved sentencing matters. This introduction to an Issue of the Federal Sentencing Reporter highlights some of the …

Island Times, Apr 2006, Mary Lou Wendell, David Tyler

Island Times Newspaper, 2006

No abstract provided.

The Balance Of Payment Equilibrium Model, A Matter Of National Determination & Leadership, Narendra C. Bhandari Ph.D.

Faculty Working Papers and Articles

The U.S. continues to face balance of trade and payment deficits. There are several factors responsible for these deficits, as several techniques have been tried to alleviate them. These problems, however, have continued to worsen.

This research has the following objectives: (a) To present what I call, the balance of payment equilibrium model (bpe), and emphasize the need for numerical goals for international trade, to help solve the American balance of payment deficit problem; and help enhance the world prosperity; (b) To explain that dollar devaluation is not the real solution to the problem; (c) To suggest strategic initiatives to …

Arguments Within An Argument: Examining The Usa Patriot Act, Ruslan Kochemirovskiy

ESSAI

No abstract provided.

Adult Punishment For Juvenile Offenders: Does It Reduce Crime?, Richard E. Redding

Working Paper Series

This chapter discusses the research on the general and specific deterrent effects of transferring juveniles for trial in adult criminal court, identifies gaps in our knowledge base that require further research, discusses the circumstances under which effective deterrence may be achieved, and examines whether there are effective alternatives for achieving deterrence other than adult sanctions for serious juvenile offenders. As a backdrop to this analysis, the chapter first examines the role of public opinion in shaping the get tough policies, and how policy makers have misunderstood and perceived support for these policies.

An Assessment Of The Fiscal Impact Of The Clarendon Farms And Mcleod Farm Developments On Beaufort County, South Carolina, 2006 April, William E. Molnar, Charles D. Taylor

Publications

No abstract provided.

Hiv And Organ Donation: Illinois' Solution To Organ Donation Shortages, Amy Vandenbroucke

DePaul Journal of Health Care Law

No abstract provided.

Should The Tail Wag The Dog: The Potential Effects Of Recidivism Data On Character Evidence Rules, Charles H. Rose Iii

New Mexico Law Review

No abstract provided.

Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin

Chicago-Kent Law Review

This article explores how secrecy has come to pervade employment discrimination litigation as a consequence of procedural and substantive changes in the law over the last twenty-five years. In contrast to products liability and toxic tort claims, where secrecy can endanger the public health and safety, secrecy in the discrimination context has a less dramatic impact and thus, has attracted little attention. But when very few discrimination claims end in a public finding of liability, there is a significant cumulative effect, creating the appearance that workplace bias is largely a thing of the past. The trend towards secrecy can be …

Local And State Enforcement Of Immigration Law: An Equal Protection Analysis, Tiffany Walters Kleinert

DePaul Law Review

No abstract provided.

Has Big Brother Moved Off Campus - An Examination Of College Communities' Responses To Unruly Student Behavior, Laura Marini Davis

The Journal of Law and Education

No abstract provided.

Book Review

The Journal of Law and Education

No abstract provided.

Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright

University of Miami Law Review

No abstract provided.

Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.

Court-Ordered Confidentiality In Discovery, Howard M. Erichson

Chicago-Kent Law Review

This Article offers support for the argument that protective orders for discovery confidentiality should be granted upon a relatively light showing of good cause. Part I offers reasons why, in the vast majority of cases, courts should readily grant motions for protective orders with respect to discovery confidentiality as long as the movant can articulate some legitimate need for the information to be kept confidential. Looking at modern United States discovery from a comparative and historical perspective, broad and powerful party-controlled discovery can only be justified as a means of finding information for the resolution of the dispute, not as …

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

Chicago-Kent Law Review

The adoption of the Federal Rules of Civil Procedure worked a revolution in American litigation by introducing broad party-controlled discovery. The framers of those Rules intended broad discovery to facilitate decisions on the merits, and their revolution served as a catalyst for many types of claims in American courts. American discovery also became anathema in the rest of the world, which saw it as too great a cost to pay for better or more accurate litigation results. As American discovery hit full stride in the 1970s, nonparties began to argue that the Federal Rules made all material turned over in …

Sealing And Revealing: Rethinking The Rules Governing Public Access To Information Generated Through Litigation, Andrew D. Goldstein

Chicago-Kent Law Review

The current law governing public access to information generated through civil litigation is flawed in two ways: (1) while many states and courts in theory require rigorous standards to be met before court documents, including judicially-approved settlement agreements, can be sealed, in practice courts often allow pressure from private parties to trump public interests; and (2) the public's lack of any ability to access unfiled discovery materials deprives the public of information it often has an interest in seeing and permits litigants to enter into secrecy agreements that hide their bad acts.

This Article details the deficiencies in the existing …

Monitor Newsletter Monthly, April 2006, Bowling Green State University

Monitor

Official Publication of Bowling Green State University for Faculty and Staff

Louisiana Survey 2006 (Spring), Lsu Reilly Center For Media And Public Affairs

Reilly Center Louisiana Surveys

The first survey conducted in the aftermath of hurricanes Katrina and Rita, the spring 2006 Louisiana Survey revealed that the catastrophic effects of the hurricanes in the summer of 2005 wiped out the incremental gains that the Survey had detected in resident optimism for the future of the state. Other aspects measured by the spring 2006 Survey included:

• a perception that all Louisiana residents, regardless of socioeconomic status, were "in the same boat" following the hurricanes
• the emergence of rebuilding as the most prominent problem facing the state, and the subsequent decline of confidence in the future of the state …

Cable Operators' Fifth Amendment Claims Applied To Digital Must-Carry, Nissa Laughner, Justin Brown

Federal Communications Law Journal

This Article addresses the legal and policy implications of property rights in the digital must-carry issue. The Authors review must-carry regulations, present a traditional Fifth Amendment analysis of must-carry, address free speech implications of that property-based analysis, and show how property-based claims might influence future cable regulations and policies. The Authors conclude that while the Fifth Amendment claims are unlikely to succeed legally, they do contain significant rhetorical power that can help shift public policy in ways favorable to the cable industry.

Public Scholarship: Making Sense Of An Emerging Synthesis, Judith A. Ramaley

Higher Education

This concluding chapter, written by a national leader in higher education, reflects on public scholarship from a perspective beyond Penn State and argues that public scholarship promises to strengthen “that special form of public decision making that we call democracy.”

Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford

UF Law Faculty Publications

This year marks the tenth anniversary of California's enactment of the nation's first chemical castration law. This law requires certain sex offenders to receive, as part of their punishment, long-term pharmacological treatment involving massive doses of a synthetic female hormone called medroxyprogesterone acetate (MPA). MPA treatment is described as chemical castration because it mimics the effect of surgical castration by eliminating almost all testosterone from the offender's system. The intended effect of MPA treatment is to alter brain and body function by reducing the brain's exposure to testosterone, thus depriving offenders of most (or all) capacity to experience sexual desire …

Reforming Eyewitness Identification: Cautionary Lineup Instructions; Weighing The Advantages And Disadvantages Of Show-Ups Versus Lineups, Nancy K. Mehrkens Steblay

Cardozo Public Law, Policy & Ethics Journal

The article argues that the structure and instructions of eyewitness identification procedures significantly influence accuracy, with a focus on the advantages of cautious lineup instructions and the comparative effectiveness of lineups versus show-ups. It emphasizes that subtle changes in lineup instructions can reduce false identifications and improve reliability, while show-ups present unique challenges despite their practical benefits.

Improving Eyewitness Identifications: Hennepin County's Blind Sequential Lineup Pilot Project, Amy Klobuchar, Nancy K. Mehrkens Steblay, Hilary Lindell Caligiuri

Cardozo Public Law, Policy & Ethics Journal

The article examines the effectiveness of Hennepin County's blind sequential lineup pilot project in improving eyewitness identification accuracy. By implementing a protocol where photos are shown one at a time by an administrator unaware of the suspect, the study aims to reduce misidentifications and enhance the reliability of eyewitness testimony in criminal investigations.

Rethinking Reform Of The Fcc: A Reply To Randolph May, Russ Taylor

Federal Communications Law Journal

This brief Article responds to Randolph May's article, Recent Developments in Administrative Law-The FCC's Tumultuous Year in 2003: An Essay on an Opportunity for Institutional Agency Reform, 56 Admin. L. Rev. 1307 (2004). Taylor disputes May's anecdotal evidence that the FCC's poor handling of the Triennial Review and the media ownership proceedings are symptomatic of a broad agency inefficiency that should be remedied by drastically cutting the size of the FCC and placing it under the exclusive control of the executive branch to ensure electoral accountability. Taylor argues that while these suggestions may have value, such a rush to action …

2006 Annual Report, University Of Maine School Of Law

Clinic Annual Report

No abstract provided.

Divisionews (Spring 2006, Issue 22), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel

William & Mary Bill of Rights Journal

No abstract provided.

Repair, Inspection And Maintenance Methods Of Steel Bridges, Deepak Koirala

Masters Theses

Transportation infrastructure is the backbone of American commerce & industry at the advent of the 21^st century. Bridges are the key elements of the transportation system of a country. According to National Bridge Inventory 2005, there are approximately six hundred thousand bridges in United States, among them nearly one third of bridges are functionally obsolete. A lack in performance of such structures, with respect to minimum acceptable standards, has direct impact not only on the highway system but also on public safety as well as economic growth. Systematic and well-designed research will provide the most effective approach to the …