Digital Commons Network^™

Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi

University of Michigan Journal of Law Reform

Recently, several states amended their constitutions to define marriage as only a union between a man and a woman. Many Native American Indian tribal governments thereafter also adopted laws prohibiting homosexual marriages. However, this new policy conflicts with traditional tribal values. This Note shows that historically many tribes accepted and even honored same-sex unions. This Note proposes that tribes consider their traditions as they existed before European contact, and argues that, for some tribes, same-sex civil unions are a historically and culturally appropriate answer to the modern objections to same-sex marriage.

Understanding Citizen Perspectives On Government Decision-Making Processes As A Way To Improve The Administrative State, David L. Markell

Scholarly Publications

This Article explores possible insights from the “procedural justice” literature about features of government decision making processes that citizens are likely to consider to be particularly valuable or important. Numerous commentators have urged that the government take steps to increase citizen participation in its decision making processes as a way to offset concerns about government legitimacy. The premise of the Article is that incorporating into government decision making processes features that are important to citizens is a potentially helpful step in fostering meaningful citizen participation. Processes that citizens value are more likely to be processes that citizens use and that …

Focus, Bob Evancho (Editor)

FOCUS on Boise State

Creative collaboration between departments, outside agencies and even sister universities is transforming how Boise State operates and what it can accomplish. This issue of FOCUS provides a closer look at how the university is encouraging and benefiting from an array of partnerships in research, community service and creative activity. Cover by Drew Roberts.

Grand Valley Magazine, Vol. 5, No. 3 Summer 2006, Grand Valley State University

Grand Valley Magazine

Grand Valley Magazine is a quarterly publication about Grand Valley State University produced by University Communications since 2001.

The Model Federal Sentencing Guidelines Project: Adjustments For Guilty Pleas And Cooperation With The Government, Model Sentencing Guidelines §3.7 - 3.8, Frank O. Bowman Iii

Faculty Publications

This Article is the tenth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929. This segment of the project contains rules addressing cases in which the …

South Dakota State University 2006-2008 Graduate Programs, South Dakota State University

South Dakota State University Catalogs and Bulletins: 1935 to present

No abstract provided.

Developments In The Institutional Architecture And Framework Of International Criminal And Enforcement Cooperation In The Western Hemisphere, Bruce Zagaris

University of Miami Inter-American Law Review

No abstract provided.

Parallel Trade In Pharmaceuticals: Injecting The Counterfeit Element Into The Public Health, Bryan A. Liang

North Carolina Journal of International Law

No abstract provided.

The Limits Of Service-Learning In Higher Education, Dan W. Butin

Higher Education

The service-learning movement has become a major presence within higher education. More than 950 colleges and universities are Campus Compact members, committed to the civic purposes of higher education. Tens of thousands of faculty engage millions of college students in some form of service-learning practice each and every year. Major federal and private funding sustains and expands an increasingly diverse K -16 service-learning movement.

If The Constable Blunders, Does The County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson

University of Arkansas at Little Rock Law Review

No abstract provided.

The Forgotten Threat: Private Policing And The State, Elizabeth E. Joh

Indiana Journal of Global Legal Studies

What do Disneyland, the Abu Ghraib U.S. military prison, the Mall ofAmerica, and the Y-12 nuclear security complex in Oak Ridge, Tennessee have in common? They have wildly different purposes, but they share a common characteristic as employers of private police. This answer-indicative of the prevalence and numbers of private police today-would have struck the nineteenth -century observer as evidence of a gross failure by the state. Yet that reaction, in turn, would seem odd to us. Vocal support of private police can be found among public police chiefs, lawmakers, and even President Bush.

What kinds of criticisms were once …

Advocate 2006 Volume 23 Number 1, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.

Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson

Indiana Law Journal

No abstract provided.

Holding Leaders Accountable In The International Criminal Court (Icc) For Gender Crimes Committed In Darfur, Kelly Dawn Askin

Genocide Studies and Prevention: An International Journal

This article discusses how rape and other forms of sexual violence have been prominent features of the ongoing attacks (from 2003 to the present) committed by government of Sudan (GoS) troops and the Janjaweed (Arab militia) in Darfur, Sudan. It first provides a historical overview of wartime rape in law and society, then discusses some of the many reports (including the UN’s Commission of Inquiry on Darfur) that have documented the perpetration of rape and other forms of sexual violence in Darfur by GoS troops and Janjaweed. Following a discussion of specific cases of rape and other sexual crimes committed …

A History Of Miranda And Why It Remains Vital Today, Roscoe C. Howard Jr, Lisa A. Rich

Faculty Scholarship

Custodial interrogations and how they are conducted in light of Miranda and its progeny are an integral part of the American criminal justice process and a necessary tool for criminal law enforcement, not merely a source of catchy phrases for today's popular television shows, for a very simple reason: The warnings set the ground rules for custodial interrogations and ensure that the interrogator and suspect are on a level playing field. A review of the case law surrounding the Miranda decision reveals that Miranda is a case that has encapsulated the nation's beliefs and, while subject to the ebbs and …

Criminal Discovery And The Costs Of Reproduction: A Burden Taxpayers Should Not Have To Bear, Gary C. Pinter

Northern Illinois University Law Review

This comment asserts that a prosecutor's office may charge privately-retained defense counsel for the costs the prosecutor's office may incur as a result of reproducing material that may be requested via discovery. Although the evolution of discovery has resulted in rules or statutes that differ with respect to a particular jurisdiction's scope of discovery or its adopted approach, the overwhelming majority of discovery provisions regarding the prosecutor's duty of disclosure are very similar. The duty essentially requires that the prosecutor make the particular material available and permit its inspection and reproduction. Consequently, to forbid a prosecutor from seeking reimbursement for …

Policy Analysis Of The Victim Offender Restitution Program, Veronica Damon, Marie Bostick, Lamont Mcgary

UNLV Theses, Dissertations, Professional Papers, and Capstones

Both the criminal justice and the juvenile justice systems have experienced increased strain due to criminal acts committed by juveniles. Many experts suggest that one way to ease the burden of the courts can be found in the theory of restorative justice. Most often the juvenile justice system is most concerned with the risk and needs of youthful offenders without significant consideration for the victims. A key component in the restorative justice theory is victim offender mediation which seeks to reduce the impact of crime on victims and the community. Clark County, Nevada has one such program, the Victim Offender …

Countering Terrorism Across The Atlantic?, Kimberley L. Thachuk

Defense Horizons

Differences in strategic vision and concepts of security are central to the U.S. and European Union (EU) approaches to counterterrorism. While the United States conceives of a war against terrorism, Europe does not. As a result of different perceptions of the threat, both sides of the Atlantic take divergent approaches to homeland security. Europeans tend to favor the use of a law enforcement strategy over a warfighting approach. Meanwhile, the U.S. administration believes that a quasi-militaristic, overtly proactive, and highly vigilant stance will serve as the best deterrent to future attacks. By their own standards, Europeans are doing more to …

The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Rethinking Rational Discrimination Against Ex-Offenders, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Summer 2006 Aasu Data Digest, Armstrong State University

Armstrong Office of Institutional Research: Armstrong Data Digests (Archived)

No abstract provided.

On Wings Of Hope, Volume 10, No. 3, 2006, Phadp, Esther Brown, Darrell Grayson, Omar (No Last Name Given), Jeff Rieber, Ulysses Sneed, W N. Hammons

On Wings of Hope

July–September 2006 edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

Clear Statement Principles And National Security: Hamdan And Beyond, Cass R. Sunstein

Public Law and Legal Theory Working Papers

In resolving conflicts between individual rights and national security, the Supreme Court has often said that Congress must unambiguously authorize presidential action; the Court has also attempted to ensure that defendants are not deprived of their liberty except pursuant to fair trials. These decisions, a form of liberty-promoting minimalism, reject claims of unilateral or exclusive presidential authority. The Court’s decision in Hamdan v. Rumsfeld reflects a distinctive clear statement principle, one that bans the President from convening a military commission, or otherwise departing from the standard adjudicative forms, unless Congress explicitly authorizes him to do so. The Court’s conclusion diverges …

Unconscionable Contracting For Indigent Defense: Using Contract Theory To Invalidate Conflict Of Interest Clauses In Fixed-Fee Contracts, Jacqueline Mcmurtie

University of Michigan Journal of Law Reform

Indigent defense remains in crisis and yet constitutional challenges to promote systemic change have met with mixed success. This Article explores the new strategy of applying contract theory and principles to challenge indigent defense contracts that violate the canons of professional responsibility. This Article begins by discussing the author's experience working on cases of indigent defendants whose convictions were overturned through the efforts of the Innocence Project Northwest. The erroneous convictions were facilitated by the indigent defense contract in place at the time of the convictions. Pursuant to this contract, the indigent defense contractor agreed to provide representation in all …

The Limits Of Service-Learning In Higher Education, Dan W. Butin

Education Faculty Publications

This article takes a critical look at the attempted institutionalization of service-learning in higher education. It asks whether service-learning can become deeply embedded within the academy; and if so, what exactly is becoming embedded. Specifically, this article suggests that there are substantial pedagogical, political, and institutional limits to service-learning across the academy. These limits, moreover, are shown to be inherent to the service-learning movement as contemporarily theorized and enacted. The article concludes by reframing some of the grounding assumptions of service-learning to position it as a disciplinary field more suited for becoming genuinely embedded within higher education.

A Practical Perspective On Partnerships Between Government And Nonprofits, Karen Goldstein

City University of New York Law Review

No abstract provided.

Testing Social Disorganization As It Pertains To Prostitution, Wynter Leighanne Edwards

Sociology & Criminal Justice Theses & Dissertations

The impact of crime on the community has gained notoriety within the sociological field over the last twenty years. With growing citizen concern it is important to understand the impact of crimes rates on communities. Social disorganization theory focuses on the relationship between crime and the community, however, little research has been done on social disorganization theory as it relates to victimless crimes such as prostitution. It is important to understand how variables derived from social disorganization theory explain levels of prostitution across neighborhoods. This is important because victimless crimes such as prostitution often act as precursors to greater crime …

Full Issue 1.1

Genocide Studies and Prevention: An International Journal

No abstract provided.

Desert, Democracy, And Sentencing Reform, Alice Ristroph

Faculty Scholarship

No abstract provided.

State V. Mizenko: The Montana Supreme Court Wades Into The Post-Crawford Waters, Andrew King-Ries

Montana Law Review

State v. Mizenko