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Articles 10051 - 10080 of 13197
Full-Text Articles in Entire DC Network
Presidential Power In Comparative Perspective: The Puzzling Persistence Of Imperial Presidency In Post-Authoritarian Africa, H. Kwasi Prempeh
Presidential Power In Comparative Perspective: The Puzzling Persistence Of Imperial Presidency In Post-Authoritarian Africa, H. Kwasi Prempeh
UC Law Constitutional Quarterly
This Article focuses on the comparative dimension of a phenomenon that is already well known to U.S. constitutional discourse: the imperial presidency. While U.S. constitutional scholars have shown a great deal of interest in new constitutional courts in the world's newest democracies, the contemporaneous phenomenon of persistent imperial presidency in Africa has been largely ignored. Although relatively little attention has been paid to it in comparative constitutional discourses, Africa has witnessed since 1990 a dramatic transition to democratic rule that has resulted in the toppling of many of the region's long-reining autocrats and the installation of new counter-authoritarian constitutions. However, …
Reconstructing Contemporary Democracy, Jan Aart Scholte
Reconstructing Contemporary Democracy, Jan Aart Scholte
Indiana Journal of Global Legal Studies
Democratic practice varies historically, and transformations of the societal context require accompanying reconstructions of democracy if "rule by the people" is to remain meaningful. Contemporary society is witnessing particularly profound changes in underlying structures of space, governance, and identity. Fundamental reconsideration of democracy is therefore also needed. This article first develops a generic understanding of democracy; next elaborates on currently unfolding transformations of geography, regime, and community; and then develops a five-faceted reconstruction of democracy to meet these changed circumstances. This prescription entails: (1) reconceptualizing democracy, shifting away from obsolete assumptions of territorialists pace, statist regulation, and nationalist identity; (2) …
The Effects Of Target Age And Perceived Death Responsibility On Posthumous Impression Formations, Jenny Rebekah Heilborn
The Effects Of Target Age And Perceived Death Responsibility On Posthumous Impression Formations, Jenny Rebekah Heilborn
Master's Theses
Death positivity biases and posthumous evaluations are considered a universal normative social phenomenon which influences social judgments of the dead; we postulate that these individual biases are mediated by both sympathy and fear of mortality, or the belief in a just world. Study 1 postulated that sympathy mediates such positivity biases when target responsibility for cause of death is manipulated. We hypothesized the mediation of the just world violation on posthumous evaluatory measures when age at the time of death was manipulated in Study 2. Although results were inconclusive for both studies, alternate hypotheses and boundary conditions of death positivity …
The "Partial-Birth Abortion" Ban: Health Care In The Shadow Of Criminal Liability, Panel Ii, The Path Ahead: Legal Challenges And Responses, Talcott Camp
Journal of Law and Policy
No abstract provided.
Graduate Studies Fact Book
Graduate Studies Fact Books (2006-2017)
No abstract provided.
Florida Institute Of Technology Catalog 2009-2010, Florida Institute Of Technology
Florida Institute Of Technology Catalog 2009-2010, Florida Institute Of Technology
Florida Institute of Technology Melbourne and Jensen Beach Catalogs, 1967-2015
Academic catalog by Florida Institute of Technology for the 2009-2010 academic year.
The Dictatorship Of Masculinity, Luciano Martínez
The Dictatorship Of Masculinity, Luciano Martínez
Spanish Faculty Works
No abstract provided.
Introduction: Re-Stating The Standard Of Practice For Death Penalty Counsel: The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Eric M. Freedman
Hofstra Law Review
This is the Introduction to the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases, and summarizes its thirteen articles.
A central - indeed, arguably the central - duty of defense counsel in a capital case is to humanize the client in the eyes of those who will decide his fate. The daunting task of imagining, collecting, and presenting such mitigation evidence pervades counsel's responsibilities from themoment of detention on potentially capital charges to the instant of execution.
A truly multi-disciplinary team, with skills in eliciting and documenting sensitive …
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
It is counsel, and not any non-lawyer member of the multidisciplinary defense team which needs to be assembled to provide competent representation in a capital case, who bears ultimate responsibility for the team's performance and for decisions affecting the client and the case. This article describes the many respects in which counsel's specific obligations under both the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra …
The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench, Helen G. Berrigan
The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench, Helen G. Berrigan
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Writing from the perspective of a federal trial judge, the author, who is Chief Judge of the United States District Court for the Eastern District of Louisiana, describes the crucial importance of mitigation development in the trial of a capital case in accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject …
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
The article builds on converging lines of research in the social sciences that have constructed a framework which conceptualizes the roots of violent behavior as extending beyond the personality or character structure of those people who perform it, connecting it historically to the brutalizing experiences they have commonly shared as well as the immediately precipitating situations in which their violence transpires.
The piece explains how to translate these insights into the collection and presentation of …
The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations, Kathleen Wayland
The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations, Kathleen Wayland
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
A PhD. in psychology, the author formerly served on the faculty of Duke University Medical Center, where her primary emphasis was on traumatic stress syndromes and the psychological consequences of chronic exposure to interpersonal violence. For the last fifteen years she has been assisting capital defender organizations in integrating mental health themes into mitigation narratives. This article presents the current state of scientific knowledge about trauma, treating the subject from these dual perspectives.
The inevitable …
Mitigation Abroad: Preparing A Successful Case For Life For The Foreign National Client, Gregory J. Kuykendall, Alicia Amezcua-Rodriguez, Mark Warren
Mitigation Abroad: Preparing A Successful Case For Life For The Foreign National Client, Gregory J. Kuykendall, Alicia Amezcua-Rodriguez, Mark Warren
Hofstra Law Review
Many capital defendants are foreign nationals; their representation both presents special challenges and offers special opportunities. In accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue, competent counsel must handle both effectively. Our article provides a detailed primer for accomplishing this.
A foreign country may acknowledge a person as a national on a basis that is not intuitively obvious to American counsel. If so, the person may be entitled to rights under both …
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Capital defense counsel have a duty at every stage of the case to take advantage of all appropriate opportunities to argue why death is not a suitable punishment for their particular client. But that duty can hardly be discharged effectively if the arguments are made in ignorance of available information concerning how persuasive they are likely to be to their audience.
Heeding that simple proposition we present lessons from the work of the Capital Jury …
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) detail, success in capital post-conviction proceedings will depend not just on the quality of the legal arguments counsel advance but, probably more critically, on counsel's skill at changing the picture that has previously been presented. The old facts and legal arguments - those which resulted in a conviction and imposition of …
Parents By The Numbers, Susan Frelich Appleton
Parents By The Numbers, Susan Frelich Appleton
Hofstra Law Review
This essay, an expanded version of the 2008 Siben Distinguished Professorship Lecture at Hofstra, explores the recent discourse - from case law, legal scholarship, and commentary - about whether children may have more than two legal parents. This discourse provides a lens for examining not only family law's current practices and trajectory but also family law's unfinished business, unspoken assumptions, and problematic inconsistencies.
Based on this examination, I largely ally myself with those who take a supportive approach to expanding parental numbers, but I include some significant points and elaborations missing from others' treatment of the topic. Specifically, I show …
Name-Calling, Elizabeth M. Glazer
Name-Calling, Elizabeth M. Glazer
Hofstra Law Review
Jennifer Hoffman identified as a woman. A classmate of mine in law school and a section-mate of mine during our first year, Jennifer wore no make-up, her short brown wavy hair parted to her right side, and an oxford shirt tucked into slacks each day. Jennifer always took her seat in the middle of the classroom in our large first year lectures. While members of my first year section, like many first year law students, shared the fear of being called on in class, many of us shared another fear, as well: the fear that Jennifer would be called on. …
Shared Sovereign Immunity As An Alternative To Federal Preemption: An Essay On The Attribution Of Responsibility For Harm To Others, Martin A. Kotler
Shared Sovereign Immunity As An Alternative To Federal Preemption: An Essay On The Attribution Of Responsibility For Harm To Others, Martin A. Kotler
Hofstra Law Review
Beginning with the Supreme Court's 1992 decision in Cipollone, courts have engaged in the practice of parsing the preemption language of federal legislation ostensibly to determine whether Congress intended to preclude the possibility of imposing liability on manufacturers under state products liability law. This article argues that congressional intent is largely a fiction and the cases based on it have been improperly decided. Nevertheless, the results reached in many of the cases are intuitively appealing. The reason for this is that the results commonly are based on the long-standing fairness principle that one should not be subjected to liability in …
Attitudes About Human Embryos, Embryonic Stem Cell Research, And Related Matters, Janet L. Dolgin, Catherine Fisher, Terri Shapiro
Attitudes About Human Embryos, Embryonic Stem Cell Research, And Related Matters, Janet L. Dolgin, Catherine Fisher, Terri Shapiro
Hofstra Law Review
No abstract provided.
Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee
Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee
UF Law Faculty Publications
This conference paper suggests that the problem of corporate ethics cannot be reduced to the autonomous person. Although the greatest influence on action and choice is one's moral constitution, it does not follow that the agent's behavior is the same within or without the firm. Ethics is a function of corporate form. The theory of agency cannot dismiss the firm as a fiction or metaphorical shorthand since that which does not exist should not be able to cause ethical breakdowns in corporate action. Thus, the theory of the firm, which emphasizes profit and wealth maximization, should incorporate a richer, more …
Colliding Worlds Of Dispute Resolution: Towards A Unified Field Theory Of Adr, David A. Hoffman
Colliding Worlds Of Dispute Resolution: Towards A Unified Field Theory Of Adr, David A. Hoffman
Journal of Dispute Resolution
In the essay that follows, I advocate for greater acceptance of the diversity of belief and practice in the field of dispute resolution and contend that the unifying elements of law and dispute resolution practice predominate over those elements that divide practitioners. After providing definitions of some of the primary forms of dispute resolution (in Part II), the article describes tensions in the Alternative Dispute Resolution (ADR) field (in Part III), quoting some of the harsh criticism that mediators, Collaborative practitioners, and other dispute resolvers have leveled at each other. Part III also expresses the concern that demonization and harsh …
Age Matters: Class, Family Formation, And Inequality, June Carbone
Age Matters: Class, Family Formation, And Inequality, June Carbone
Santa Clara Law Review
No abstract provided.
Montclair State University’S Secondary English Education Program : Perceptions And Expectations Of Pre-Service And Beginning Teachers Of Writing, David B. Malter
Montclair State University’S Secondary English Education Program : Perceptions And Expectations Of Pre-Service And Beginning Teachers Of Writing, David B. Malter
Theses, Dissertations and Culminating Projects
No abstract provided.
In Search Of Female Space : Resistance And Creation In Tsitsi Dangarembga’S Nervous Conditions And She No Longer Weeps, Diana Mckenna
In Search Of Female Space : Resistance And Creation In Tsitsi Dangarembga’S Nervous Conditions And She No Longer Weeps, Diana Mckenna
Theses, Dissertations and Culminating Projects
In this paper I explore how with Nervous Conditions (1988) and She No Longer Weeps (1987), Zimbabwean author Tsitsi Dangarembga creates alternative literary forms in her representation of architectural, bodily and narrative spaces and their relationship to female identities. These physical spaces the women characters inhabit, resist and in which they assert their voices must be cleared of patriarchal control in order for female-centered space to be produced. Moreover, the creation of a new speech paradigm, one that affirms the female voice, is crucial to the journey towards female autonomy. Inasmuch as Dangarembga explores the ways in which physical spaces …
Fema Trailers, Jae Rhim Lee
Fema Trailers, Jae Rhim Lee
SWITCH
This article introduces an art and research project centered on a surplus FEMA travel trailer delivered to MIT which is used as a focal point of a course taught by Jae Rhim Lee. Lee uses the trailer to explore broader issues of environmental justice, government failure, and the health effects of disaster response. The project connects to another one of her projects, N=1=0=Infinity, a proposal for eco-friendly burial methods using mushrooms to return the body’s nutrients to the Earth.
Food, Drugs, And Droods: A Historical Consideration Of Definitions And Categories In American Food And Drug Law, Lewis A. Grossman
Food, Drugs, And Droods: A Historical Consideration Of Definitions And Categories In American Food And Drug Law, Lewis A. Grossman
Cornell Law Review
No abstract provided.
Structure And Integrity, Susan Carle
The Past, Present, And Future Of Legal Ethics: Three Comments For David Luban, William H. Simon
The Past, Present, And Future Of Legal Ethics: Three Comments For David Luban, William H. Simon
Cornell Law Review
No abstract provided.
Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel
Legal Ethics As Political Moralism Or The Morality Of Politics, W. Bradley Wendel
Cornell Law Review
No abstract provided.
The Inevitability Of Conscience: A Response To My Critics, David Luban
The Inevitability Of Conscience: A Response To My Critics, David Luban
Cornell Law Review
No abstract provided.