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2007

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Articles 1921 - 1950 of 2747

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United States Foreign Policy: Liberty And Security?, Jessi Schimmel Jan 2007

United States Foreign Policy: Liberty And Security?, Jessi Schimmel

Human Rights & Human Welfare

Prior to September 11, 2001, the United States had the reputation of being a leader in the field of human rights. As information of torture and abuse in Abu Ghraib, Guantánamo Bay, and secret CIA detention centers has surfaced, however, the image of America has changed from human rights champion to that of violator. In large part, the international community of scholars and activists has come to deride the foreign policy of the United States as misguided and out of balance with the threats the country faces. However, there are also plenty of outspoken defenders who believe that the tactics …

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Contagious Efficiency: The Growing Reliance On U.S.-Style Antitrust Settlements In Eu Law, George S. Georgiev Jan 2007

Contagious Efficiency: The Growing Reliance On U.S.-Style Antitrust Settlements In Eu Law, George S. Georgiev

Articles

This Article analyzes the impact of the introduction of U.S.-style antitrust settlement procedures in EU law, which occurred in 2004 as part of an ambitious antitrust modernisation program. After documenting the lack of a settlement tradition in the EU legal system or the legal systems of EU member states, I argue that the new procedures were transplanted from U.S. law and that this was done without sufficient tailoring. Relying on lessons from the longstanding U.S. experience with antitrust settlements and on emerging evidence about the EU's own approach since 2004, I analyze the effects from the introduction of settlements at …

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Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey Jan 2007

Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey

Faculty Publications By Year

This article explores the depiction of interrogation in film and television from the 1940s to the present, and contrasts that imagery with the Supreme Court's interrogation jurisprudence over the same time frame. Although my treatment of the subject is necessarily only fragmentary (a comprehensive review of either topic would fill many volumes), this article hazards a few tentative hypotheses.

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The Effect Of National Board Certification On Burnout Levels In Educators, Tanya Judd Jan 2007

The Effect Of National Board Certification On Burnout Levels In Educators, Tanya Judd

Electronic Theses and Dissertations

Teacher attrition and retention has become a major issue facing education policymakers and practioners as our nation's school age population continues to grow, but the teaching workforce does not. This study seeks to examine the impact of certification by the National Board for Professional Teaching Standards (NBPTS) on burnout levels in educators. The potential benefits to teachers who pursue NBPTS certification include a sense of professional pride, new leadership roles and responsibilities for teachers, recognition of outstanding teaching practice, and higher salaries (Shapiro, 1995). Some of these potential rewards seem to address a number of the factors that are related …

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An Investigation Into The Predictors Of Adoption And Utilization Of Information-Sharing Networks By Local Law Enforcement In Three States, Joe Conrad Saviak Jan 2007

An Investigation Into The Predictors Of Adoption And Utilization Of Information-Sharing Networks By Local Law Enforcement In Three States, Joe Conrad Saviak

Electronic Theses and Dissertations

ABSTRACT A major change in longstanding police organizational behavior is increasingly evident in the recent emergence of computerized information-sharing networks in public safety. From both theoretical and empirical perspectives, a better understanding of the determinants that can explain and predict the rise and growth of this new and significant development in American policing is needed. A highly limited body of empirical studies has endeavored to validate effective predictors of adoption and utilization of electronic information-sharing networks by local law enforcement agencies. Utilizing an integrated theoretical framework largely built upon Rogers' diffusion of innovations theory, sixteen hypotheses were tested through logistic …

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Faith In Community: Representing "Colored Town", Anthony V. Alfieri Jan 2007

Faith In Community: Representing "Colored Town", Anthony V. Alfieri

Articles

No abstract provided.

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Speech: Modern War And Modern Law, David Kennedy Jan 2007

Speech: Modern War And Modern Law, David Kennedy

University of Baltimore Law Review

Warfare has become a legal institution. Law organizes and disciplines the military, defines the battlespace, privileges killing the enemy, and offers a common language to debate the legitimacy of waging war — down to the tactics of particular battle. At the same time, law is no longer a matter of firm distinctions — combatant and non-combatant, war and peace. It has become a flexible and strategic partner for both the military and for humanitarians seeking to restrain the violence of warfare. The relationship between modern war and modern law is made all the more complex by today's asymmetric conflicts, and …

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Live And Learn: Depoliticizing The Interim Appointments Of U.S. Attorneys, Laurie L. Levenson Jan 2007

Live And Learn: Depoliticizing The Interim Appointments Of U.S. Attorneys, Laurie L. Levenson

Seattle University Law Review

Following the U.S. Attorney purge of 2006-2007, it is time to reassess the approach used to appoint interim U.S. Attorneys. Recent events have taught us how quickly U.S. Attorneys can become political pawns. Indeed, this scandal has jeopardized the credibility of federal prosecutors, disillusioned career prosecutors in those positions, and called into question the separation between professionalism and politics in the enforcement of our federal laws. To restore confidence in U.S. Attorneys Offices, a reexamination of the interim appointment process is critical so that the mistakes of 2006 are not repeated.

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The U.S. Attorney Firings Of 2006: Main Justice's Centralization Efforts In Historical Context, James Eisenstein Jan 2007

The U.S. Attorney Firings Of 2006: Main Justice's Centralization Efforts In Historical Context, James Eisenstein

Seattle University Law Review

The media, the political establishment, and the federal criminal jus-community's focus on the compelling story of the firings is hardly surprising. The details emerged over a period of many months through leaks, internal Department of Justice (DOJ) emails, press releases, interviews, and dramatic congressional testimony. The media's focus on the firings obscured their deeper significance with regard to the nature of the relations between the DOJ and its ninety-three United States Attorneys' Offices (USAOs). This Article addresses this omission by looking at the consequences of these events for the balance struck between central control by Main Justice in Washington and …

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Superintendent Leadership Style: A Gendered Discourse Analysis, Dawn C. Wallin, Carolyn Crippen Jan 2007

Superintendent Leadership Style: A Gendered Discourse Analysis, Dawn C. Wallin, Carolyn Crippen

Journal of Women in Educational Leadership

Using a blend of social constructionism, critical feminism, and dialogue theory, the discourse of nine Manitoba superintendents is examined to determine if it illustrates particular gendered assumptions regarding superintendents' leadership style. Qualitative inquiry and analysis methods were utilized to identify emerging themes, or topics of talk. Six topics of talk emerged in the discourse regarding leadership style. Since "talk is a form of social action worthy of study in itself" (Chase, 1995, p. 25), each of these topics was analyzed to illustrate how men and women in the superintendency in Manitoba negotiate a gendered social action when they talk about …

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Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds Jan 2007

Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds

Court Review: Journal of the American Judges Association

During this year as your AJA president, my appreciation and respect for the role that we play in our courtrooms has amplified. I have been afforded numerous opportunities to speak with other judges and various community and civic groups to gauge their concerns about our judicial system. Members of the judiciary and the community alike share a common concern for what is viewed as increasingly eroding societal values, as evidenced in courtrooms everywhere. Most conversations eventually evolve to discussions about prevention strategies. How did this happen? What needs to be done? I am convinced that, as judges, we must actively …

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Court Review: Volume 44, Issue 1/2 – Procedural Fairness In The California Courts, Douglas Denton Jan 2007

Court Review: Volume 44, Issue 1/2 – Procedural Fairness In The California Courts, Douglas Denton

Court Review: Journal of the American Judges Association

In 2005, California’s judicial branch embarked on a two-part assessment to determine current levels of trust-and-confidence in the state courts and to obtain information concerning expectations and performance of the state courts. The findings were revealing—they highlighted good news for the courts and identified considerable challenges. The trust-and-confidence study not only informed the subsequent strategic and operational planning processes, it also spurred a large-scale initiative focused on one particularly compelling aspect of the public-trust-and-confidence assessment: the significant and important role that perceptions of procedural fairness play in determining court users’ trust and confidence in the California courts.

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Eastern Michigan University Undergraduate Catalog, 2007 - 2009, Office Of The Registrar Jan 2007

Eastern Michigan University Undergraduate Catalog, 2007 - 2009, Office Of The Registrar

Undergraduate Catalogs

No abstract provided.

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Convocation Video (2007), California State University, San Bernardino Jan 2007

Convocation Video (2007), California State University, San Bernardino

CSUSB Sound and video recordings

No abstract provided.

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Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich Jan 2007

Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich

Court Review: Journal of the American Judges Association

Issues raised by the influx of defendants with serious mental illnesses are some of the most important that criminal judges confront. Because of the volume of defendants with mental illnesses, the impact goes beyond that of the individual case and extends to jails, police and sheriff departments, the treatment system, and ultimately to the role of the judge. This article suggests some of the ways in which communities have attempted to respond to these issues, and highlights the fact that judges have become significant leaders as well as innovators in such efforts. Not every judge will decide to adopt one …

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Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker Jan 2007

Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker

Court Review: Journal of the American Judges Association

The American Judges Association’s White Paper that forms the centerpiece of this issue begins with the recognition that even first graders have an understanding of procedural fairness. Developmental research has indeed established that young children are able to evaluate the fairness of activities and that they have a more positive perception of activities they deem to be more fair. Until recently, however, there has been little concern in the U.S. regarding children’s experiences of legal processes and procedures. In fact, children were not generally expected or encouraged to directly participate in most legal processes, even those where they were a …

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Court Review: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich Jan 2007

Court Review: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich

Court Review: Journal of the American Judges Association

Burke and Leben’s White Paper on procedural justice and what judges can do to enhance it in the courtroom is an important work for several reasons, two of which especially stand out. First, their paper illustrates how effectively laboratory-based social-science research (often referred to as basic research) and more naturalistic studies performed in real world contexts (often referred to as applied research) can be combined in addressing public policy matters. Second, it contains practical, feasible, and specific recommendations for improving courtroom practice based on that research. We believe that much goodwill come from Burke and Leben’s calling judges’ attention to …

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Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley Jan 2007

Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley

Court Review: Journal of the American Judges Association

In the 1980s, states began to study racial and ethnic bias in their judicial systems. Now that more than 25 states, along with scores of academics, have examined issues of racial fairness in the courts, models and strategies exist for effectively conducting these investigations. The National Center for State Courts, in conjunction with the National Consortium on Racial and Ethnic Bias in the Courts, developed a best practices model for establishing and operating a task force or commission on racial and ethnic bias in the courts. The publication provides guidance on: creating the necessary momentum for establishing a task force …

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Court Review: Volume 44, Issue 1/2 – Complete Issue Jan 2007

Court Review: Volume 44, Issue 1/2 – Complete Issue

Court Review: Journal of the American Judges Association

Table of Contents:
Procedural Fairness: A Key Ingredient in Public Satisfaction by Kevin Burke and Steve Leben
Procedural Justice and the Courts By Tom R. Tyler
Procedural Fairness as a Court Reform Agenda by David B. Rottman
Children and Procedural Justice by Victoria Weisz, Twila Wingrove, and April Faith-Slaker
Procedural Fairness in the California Courts by Douglas Denton
The Perceptions of Self-Represented Tenants in a Community-Based Housing Court by Rashida Abuwala and Donald J. Farole
Decision Makers and Decision Recipients: Understanding Disparities in the Meaning of Fairness by Diane Sivasubramaniam and Larry Heuer
Fair Procedures, Yes. But We Dare Not …

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Court Review: Volume 44, Issue 1/2 – Cover Jan 2007

Court Review: Volume 44, Issue 1/2 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 44, Issue 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman Jan 2007

Court Review: Volume 44, Issue 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman

Court Review: Journal of the American Judges Association

This essay reflects on the ways in which procedural fairness can provide the direction for a revived court reform agenda. All previous eras of court reform were guided by a theory drawn either from academia or the field of management. Procedural fairness, in my view, is the organizing theory for which 21st-century court reform has been waiting.

Past eras of court reform accomplished a great deal. In 1950, there were 826 trial courts in California. Today, 58 trial courts—one per county—hear all manners of cases. Management theories drawn from the business field provided the blueprint for court reform by (a) …

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Court Review: Volume 44, Issue 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben Jan 2007

Court Review: Volume 44, Issue 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben

Court Review: Journal of the American Judges Association

Americans are highly sensitive to the processes of procedural fairness. It is no surprise, then, that the perception of unfair or unequal treatment “is the single most important source of popular dissatisfaction with the American legal system.” Even first-graders react negatively to a situation where a mother punishes her child for a broken vase without consulting a witness first. This negative reaction signifies powerfully that children are already sensitive to the principles of procedural fairness. If children in early elementary school already react negatively to perceived violations of procedural fairness, it is only that much more imperative to address the …

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Court Review: Volume 43, Issue 4 – Complete Issue Jan 2007

Court Review: Volume 43, Issue 4 – Complete Issue

Court Review: Journal of the American Judges Association

Table of Contents:
A Judges’ Guide to Social Science by John Monahan & Laurens Walker
Mental Illness and the Courts: Some Reflections on Judges as Innovators by John P. Petrila & Allison D. Redlich
Cautions About Applying Neuroscience to Batterer Intervention by Edward Gondolf
Breaking News: Miller is Distinguishable from Branzburg by Levon Q. Schlichter
Editor’s Note
President’s Column
The Resource Page

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Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler Jan 2007

Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler

Court Review: Journal of the American Judges Association

People come to the courts about a wide variety of problems and disputes. Although this has always been the case, in recent years the court system has become the branch of government in which people deal with an ever broader variety of issues and concerns. And the people who bring their problems to court have themselves become increasingly diverse in terms of their ethnic and social backgrounds. In addition, more and more of these people choose to represent themselves, rather than acting through lawyers. Finally, these changes are occurring in an environment in which people have generally lower levels of …

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Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman Jan 2007

Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman

Court Review: Journal of the American Judges Association

Traditional sentencing sanctions have not been particularly effective against people caught driving while impaired (DWI) and less so against repeat offenders. Technology has provided judges with some new sentencing options, including various forms of electronic home monitoring. This article takes an initial step toward evaluating the effectiveness of alcohol monitoring as a sentencing option in DWI cases with the goal of eventually determining which types of offenders, if any, would benefit most from alcohol monitoring. The constant monitoring of alcohol consumption is thought to aid rehabilitation by providing a deterrent to drinking and a positive reinforcement to sobriety. It permits …

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Bridgewater Magazine, Volume 17, Number 3, Summer 2007, Bridgewater State College Jan 2007

Bridgewater Magazine, Volume 17, Number 3, Summer 2007, Bridgewater State College

Bridgewater Magazine

Feature story: “Higher Learning – More and More, BSC Students’ Next Step in Graduate School”’ also Alumni Profiles, College Stories, Alumni Update and Class Notes.

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An Analysis Of Services Provided By Faith-Based Organizations To Cleveland’S Ward 17 Community, Mark Salling Jan 2007

An Analysis Of Services Provided By Faith-Based Organizations To Cleveland’S Ward 17 Community, Mark Salling

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

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Beyond Judicial Minimalism, Cass R. Sunstein Jan 2007

Beyond Judicial Minimalism, Cass R. Sunstein

Articles

No abstract provided.

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Obiora Chinedu Okafor, Legitimizing Human Right Ngos: Lessons From Nigeria, Joel M. Ngugi Jan 2007

Obiora Chinedu Okafor, Legitimizing Human Right Ngos: Lessons From Nigeria, Joel M. Ngugi

Fordham International Law Journal

Professor Obiora Chinedu Okafor of Osgoode Hall School of Law, Toronto, Canada, has written a well-researched and valuable book about Human Rights Non-Governmental Organizations ("NGOs") in Nigeria. ... " Similarly, in many countries, NGOs, in their capacity as civic society, have been given official roles in some key governance institutions such as in Nigerian National Human Rights Commissions, media watchdogs, Governmental Commissions, and so forth. In chapter five of the book, Professor Okafor candidly describes the funding patterns of human rights NGOs in Nigeria. As Professor Okafor tells the story, the trail of the "popular legitimization crisis" of local human …

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Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein Jan 2007

Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein

Articles

We are here today to celebrate and be challenged by a remarkable speech delivered by Dean Roscoe Pound on August 29, 1906. 1 We meet in the city where Dean Pound gave his historic address. On that occasion, Dean Pound was not Dean of the Harvard Law School, which he later became, but rather was the 36-year-old Dean of the University of Nebraska College of Law. 2 He was a well- educated man, having both a law degree from Northwestern University School of Law and a PhD in Botany from the University of Nebraska, 3 but he was not very …

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