Digital Commons Network^™

2008 Lindenwood University President’S Report, James Evans

State of the University Address (Formerly Annual Reports or President's Reports/)

The 2008 annual report of Lindenwood University.

Faculty Authors Reception 2008 Bibliography, Linda Geller

Faculty Authors and Sponsored Grant Recipients Reception Bibliographies

Bibliography compiled by the University Library of the publications featured at the annual Faculty Authors Reception at Governors State University.

The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligation Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron

Faculty Articles

The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The University Of Texas Of The Permian Basin Graduate Studies Catalog, 2008-2010, The University Of Texas Of The Permian Basin

Course Catalogs

No abstract provided.

Introduction, Marc Rosenberg

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

Charter Standards For Investigative Powers: Have The Courts Got The Balance Right?, Don Stuart

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper argues that judicial assertion of entrenched Charter standards since 1982 has constituted the only real check against the lure of law-and-order politics by politicians of all stripes and the consequent unremittingly legislative trend to toughen the criminal law. The paper undertakes the daunting task of stating the basic minimum Charter standards under sections 7, 8, 9 and 10 for police powers to stop, detain and question, and the n considering whether the courts have arrived at the proper balance between affording police effective enforcement powers while protecting the civil rights of all Canadians. The paper concludes that the …

The Common Law Confessions Rule In The Charter Era: Current Law And Future Directions, Lisa Dufraimont

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In an era of Charter protections, the common law rule excluding involuntary confessions remains a suspect’s best legal protection against coercive interrogation. This paper reviews and evaluates the current Canadian confessions rule and points to some ways the protection it offers might be strengthened. The basic contours of the rule are drawn from R. v. Oickle, the leading Supreme Court of Canada case, and refinements to the rule from the recent Supreme Court cases of R. v. Spencer and R. v. Singh are also discussed. The paper concludes that the confessions rule represents a modest but crucial safeguard for the …

The Forgotten Right: Section 9 Of The Charter, Its Purpose And Meaning, James Stribopoulos

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper examines why section 9 of the Charter, the right not to be arbitrarily detained or imprisoned, has failed to flourish. The paper argues that the right has essentially remained dormant because the Supreme Court of Canada has not yet expressly identified the underlying purpose of this important constitutional guarantee. After briefly canvassing the current state of affairs under section 9, the paper shifts to a purposive analysis of the guarantee. Its historic antecedents, the provision’s drafting history, the international influences that helped shape its framing, the testimony of senior civil servants involved in its drafting, as well as …

Rewriting The Canadian Charter Of Rights And Freedoms: Four Suggestions Designed To Promote A Fairer Trial And Evidentiary Process, Peter Sankoff

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The Canadian Charter of Rights and Freedoms has secured a vital place at the core of Canadian criminal justice, and its substantive and remedial provisions have helped to secure a much fairer trial and evidentiary process for criminal defendants than was available in 1982. Still, the Charter is hardly a perfect document. The wording of many of the clauses was the product of compromise, and difficulties in interpretation and application have arisen over the years. This paper attempts to consider what a “new” Charter would look like if it were actually possible to re-draft certain clauses in a different manner. …

Done Nothing Wrong: Fundamental Justice And The Minimum Content Of Criminal Law, Alan N. Young

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper chronicles the operation of principles of fundamental justice and the presumption of innocence in setting minimum standards for the enactment of criminal laws, positing the question: has section 7 set definable limits on the content of a valid criminal enactment? Through a review of 106 appellate decisions, the paper advocates for expanding the judiciary’s role in the substantive review of criminal law to include an assessment of its merits, claiming that the open-ended structure of section 7 does not prevent the development of minimum standards for constitutionally valid criminal laws. While the courts have not embraced Lamer J.’s …

A Charter Reality Check: How Relevant Is The Charter To The Justness Of Our Criminal Justice System?, Kent Roach

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Although the Charter has made many important improvements to the criminal justice system, this paper argues that there is a need for a greater sense of perspective on the importance of the Charter to the criminal justice system. This paper critically examines the impact of the Charter on rates of imprisonment, rates of pre-trial imprisonment, rates of Aboriginal overrepresentation in prison and among crime victims, rates of crime victimization, national security activities, wrongful convictions, trial delay and complexity, and the Criminal Code. It concludes that the Charter has likely not been a major factor in explaining why Canadian rates of …

A Due Measure Of Fear In Criminal Judgment, Benjamin L. Berger

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

What ethos is appropriate to the modern act of criminal judgment? in the long history of the criminal trial, passing judgment on the accused was, for the adjudicator, a fearful act filled with the ologically inspired anxiety. This paper argues that, despite the contemporary attenuation of this specific form of anxiety, criminal judgment ought still to be infused with a due sense of the perils associated with passing legal and moral judgment upon another. This piece considers Justice Bertha Wilson’s criminal law jurisprudence, arguing that, apart from her substantive contributions, her legacy in this field is to embody an adjudicative …

Justice Bertha Wilson: A Classically Liberal Judge, Kent Roach

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper argues that Justice Wilson’s approach to judging was influenced by a classical liberalism that defended the rights of the individual against the power of the state. The first part of the paper explores the concept of classical liberalism by examining Justice Wilson’s judgment in R. v. Morgentaler. Although this landmark judgment is influenced by feminism because Justice Wilson writes from the perspective of a woman, it is ultimately grounded in classical liberalism that protects the freedom of all individuals and requires the state to justify any incursion on individual freedom. The second part of the paper examines a …

Justice In Her Own Right: Bertha Wilson And The Canadian Charter Of Rights And Freedoms, Jamie Cameron

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Bertha Wilson once quoted Ralph Waldo Emerson’s declaration that “an institution is lengthened by the shadow of one man”. The Supreme Court of Canada’s jurisprudence in the early years of Charter interpretation was lengthened by the shadow of one woman: that of Bertha Wilson, the Court’s and the Charter’s first woman judge. This paper takes the measure of that shadow. The first section asks whether her concurring opinions really made a difference, and explains, in answer, how her R. v. Morgentaler concurrence influenced the evolution of section 7. The second section addresses the Wilson myths — that she was a …

Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup

Georgia Law Review

Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors …

A Test Of General Strain Theory: Exploring Gender Specific Emotional And Behavioral Variation, Sarah Rae Puckett

Graduate Student Theses, Dissertations, & Professional Papers

Traditional sociological theories examining delinquency typically were formulated to explain male behavior. With the universal recognition of the crime-gender gap, it is important to determine the applicability of these theories to female delinquency. This research uses the National Survey of Children (1981) to test propositions from general strain theory, specifically those outlined by Broidy and Agnew (1997). The data set allows for an expansion of the types of strain and delinquency typically examined in strain tests. Ordinary least squares regression, path analysis and a series of t-tests were used to determine variations in male and female emotional and behavioral responses …

Blogging About Feminist Lnterdisciplinarity In The Study Of Communication, Language, And Gender, Cynthia Berryman-Fink, Janet Bing, Deborah Cameron, Amy Sheldon, Anita Taylor

English Faculty Publications

This article provides information about several blog posts discussed during a round-table discussion on feminist interdisciplinary studies in relation to communication, language, and gender. Topics under discussion include the nature of interdisciplinarity and its relevance to feminist studies, intercultural communication, and the study and teaching of gender in women's studies programs in higher education.

Fact Book 2008-09, Western Michigan University

Western Michigan University Fact Books

• General Information
• Enrollment Information
• Institutional Comparison
• Student Information
• Faculty Information
• Budgets and Resources

Focus, Bob Evancho (Editor)

FOCUS on Boise State

Research shows that creativity and innovation lead to business success. To find out just how creative Boise’s economy is, Boise State student Ryan Cooper devised a creativity index that ranks Boise, Seattle and Portland in a number of key areas that are believed to contribute to their economic success. Find out how Boise stacks up to its neighbors. Cover photo of Cooper (right) and business professor Nancy Napier, director of Boise State’s Centre for Creativity and Innovation, by John Kelly.

Plagiarism And Legal Scholarship In The Age Of Information Sharing: The Need For Intellectual Honesty, Carol M. Bast, Linda B. Samuels

Catholic University Law Review

No abstract provided.

Pro Bono Publico: The Growing Need For Expert Aid, Hannah J. Wiseman

South Carolina Law Review

No abstract provided.

Pfo Law Reform, A Crucial First Step Towards Sentencing Sanity In Kentucky, Robert G. Lawson

Law Faculty Scholarly Articles

The purpose of this article is to engage in some analysis and discussion of the part of this sentencing law that cries out loudest for reform (the state's persistent felony offender law), reform that in short order would begin to deflate the population that has our prisons and jails grossly overcrowded. In this analysis and discussion, there is some brief consideration of the justifications used to support repeat offender laws (Part I), a segment on the history and evolution of Kentucky's law (Part II), an examination of a selection of repeat offender laws from other states (Part III), a report …

Enforcement Practices For Breaches Of Consumer Protection Legislation, Michael Faure, Anthony Ogus, Niels Philipsen

Loyola Consumer Law Review

No abstract provided.

Nsu Fischler School Of Education And Human Services Special Education [2008], Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

In Re Gault And The Promise Of Systemic Reform, Kate Kruse

Faculty Scholarship

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …

Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum

Michigan Journal of Race and Law

Section 2 of the Voting Rights Act of 1965 invalidates voting qualifications that deny the right to vote on account of race or color. This Article confronts a split among the federal appellate courts concerning whether felons may rely on Section 2 when challenging felon disenfranchisement laws. The Ninth Circuit Court of Appeals allows felon disenfranchisement challenges under Section 2; however, the Second and Eleventh Circuits foresee unconstitutional consequences and thus do not. After discussing the background of voting rights jurisprudence, history of felon disenfranchisement laws, and evolution of Section 2, this Article identifies the points of contention among the …

Collection Of Works By Faculty And Staff - 2008, University Of Texas At Brownsville

Digital Books

This annual publication provides a listing of books, journals, videocassettes, compact discs, and software produced by various faculty and staff of the former University of Texas at Brownsville.

Orange & White - Winter 2008, University Of Texas At Brownsville, Texas Southmost College

UTB/TSC Archives - Orange & White Magazine

No abstract provided.

Utb/Tsc Commencement - Winter 2008, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.