Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2009

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 27511 - 27540 of 32243

Full-Text Articles in Entire DC Network

Imagining The Addict: Evaluating Social And Legal Responses To Addiction, Elizabeth E. Joh Jan 2009

Imagining The Addict: Evaluating Social And Legal Responses To Addiction, Elizabeth E. Joh

Utah Law Review

Often we refer to the response to an unwanted addictive behavior, but of course there is no unified social or legal response. Instead, addictive or compulsive behaviors occasion a variety of social and legal responses: restrictive or prohibitive legislation, individual litigation, the emergence of advocacy groups, and the issue of expert opinion. Yet even if these responses do not originate from a single plan, they converge in a particular way. When a new "epidemic" of addictive behavior is identified, a narrative about that addiction emerges. Who are I the addicts? What danger do they pose? Who bears responsibility for the …

Go to article

High Society: Call To Arms, Joseph A. Califano, Jr. Jan 2009

High Society: Call To Arms, Joseph A. Califano, Jr.

Utah Law Review

If you wonder why I call our nation a high society, consider just one fact. Although we Americans are only 4 percent of the world's population, we consilme two-thirds of the world's illegal drugs. l And that, my friends, is only the tip of the iceberg. HIGH SOCIETY. is a book about the pervasive and pernicious role of alcohol and drug abuse in our 'country? It shows how such abuse causes and aggravates just about every intractable problem our nation faces. And it calls for a revolution in our attitude about substance abuse and addiction and how we deal with …

Go to article

A Government Insider's Perspective On The War On Drugs, Scott Burns Jan 2009

A Government Insider's Perspective On The War On Drugs, Scott Burns

Utah Law Review

On behalf of the White House and on behalf of John Walters, the director of Drug Czarl of the United States, it's an honor to be here. It's been six years now that I've been at the White House, and looking at Scott Daniels, Scott Carver, Judge Boyden, Paul Boyden, and other friends, I'm reminded how I got there. I was sitting in my office as the Iron county attorney, and I was right in the middle of a really ugly sexual abuse case. I got a call and my secretary, Colleen-I think we had three lawyers and three secretaries …

Go to article

Judd And The Jury: How The Utah Supreme Court Dealt A Blow To The Constitutional Right To A Jury Trial By Allowing A Cap On Pain And Suffering Damages, Adam Weinacker Jan 2009

Judd And The Jury: How The Utah Supreme Court Dealt A Blow To The Constitutional Right To A Jury Trial By Allowing A Cap On Pain And Suffering Damages, Adam Weinacker

Utah Law Review

The Judd court identified two "analytically simple and reasonable" schools of thought with respect to the right to a trial by jury. In choosing one, it failed to adequately analyze the history behind Utah's right to a jury trial. The debates among delegates at the state. constitutional convention clearly indicate that the right to a jury trial was to be left alone aside from a permissible tinkering with the number ofjurors. Instead of looking to the convention or relying on the plethora of cases that state that damages are within the constitutional dominion of the jury, the Judd majority followed …

Go to article

Pioneers, Probate, Polygamy, And You, Michael Cobb Jan 2009

Pioneers, Probate, Polygamy, And You, Michael Cobb

Utah Law Review

The point is this: as we start to spin out our own wonderful and grotesque ideas about love, marriage, death, and wills, religion, and Marx, we also need to start thinking of marriage and family commitments as wills in and of themselves, pondering the implications of making the family a supeniatural relation of terror, longing, loss, and arrest. The Last Will and Testament that we are always making when we are in families, when we "I do," is shot through with a deep connection between love and property that keeps us wishing that we could survive our deaths. The will …

Go to article

Who's Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa, Penelope E. Andrews Jan 2009

Who's Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa, Penelope E. Andrews

Utah Law Review

By recognizing the reality of polyganious unions, the South African legislature gives effect to its constitutional promise of allowing everyone to practice the culture or religion 'of their choice. For a pluralist constitutional democracy, such latitude is crucial. But such recognition also suggests that the South African government is not prepared to make the hard choices that are necessary to ensure that the pursuit of gender equality is not derailed. Even though the Act is a celebration of cultural diversity, it also reflects a continued reticence about gender equality. As I've tried to argue in this paper, while polygamy may …

Go to article

Family As A Vehicle For Abjection, Kathy Abrams Jan 2009

Family As A Vehicle For Abjection, Kathy Abrams

Utah Law Review

In this paper, I take my bearings from those who have argued we can see a system of family law emerging in the area of immigration. Kerry Abrams, to take one example, has looked at a series of laws relating to marriage, and argued that couples that include a noncitizen are subject to a regime of federal laws and policies that is more stringent and interventiorlist than the state law relating to citizen couples. My focus here, however, is on a different area ofimmigration law or policy; a series of enforcement efforts aimed at apprehending and detaining undocumented immigrants. In …

Go to article

The "Opt Out Revolution" And The Changing Narratives Of Motherhood: Self Governing The Work/Family Conflict, Brenda Cossman Jan 2009

The "Opt Out Revolution" And The Changing Narratives Of Motherhood: Self Governing The Work/Family Conflict, Brenda Cossman

Utah Law Review

The self governance discourse of the opt out revolution may thus operate to deflect attention away from the multiple levels of state, market, and family that constitute the terrain of women's choices. However pointing out this obfuscating effect should not be equated with denying the fact of choice. Rather, this Article's argument is that it is precisely the degree of choice operating in these women's lives that makes the narrative so powerful, and so difficult to effectively challenge. Instead of denying the descriptive, analytic, or onnative reality of choice, an effective feminist response may be to shift its analysis to …

Go to article

Somebody's Children, Laura Briggs Jan 2009

Somebody's Children, Laura Briggs

Utah Law Review

This article has been interested in how and why liberals, and even feminists like Elizabeth Bartholet, joined the campaign against "illegitimacy" waged by neoconservatives in the 1990s as part of the effort to get rid of federal entitlements that supported single mothers. As we have seen, the 1996 Interethnic Placement Act was redefined to separate it from the previous controversy over Gingrich's remarks about orphanages, and even, ultimately, from the measure to end AFDC. It was called, instead, as legal scholar Joan Heifetz Hollinger defines it, a "law aimed at removing the barriers to permanency for the hundreds of thousands …

Go to article

From Pre-School Aides To Presidents: Themes And Scenes Of The Abortion, Andrew Draxton, Jessica Andrew Jan 2009

From Pre-School Aides To Presidents: Themes And Scenes Of The Abortion, Andrew Draxton, Jessica Andrew

Utah Law Review

In Linda Smith's monologue, My Son Has Down Syndrome, Greg expresses his opinion of abortion standing in the unique position of being both an abortion opponent and, statistically speaking, what some today would call an abortion survivor. He is a "high functioning" carrier of an -extra chromosome, the discovery of which today leads ninety percent of pregnant mothers to abort. His opinion of the subject of abortIon, though' expressed in simple terms, carries with it the same logic, emotion, and; persuasive appeal that ornaments one opinion of the debate sounded in any number of circles. Indeed, everyone from construction workers …

Go to article

To Die Or Not To Die: The History And Future Of Assisted Suicide Laws In The U.S., Shelly A. Cassity Jan 2009

To Die Or Not To Die: The History And Future Of Assisted Suicide Laws In The U.S., Shelly A. Cassity

Utah Law Review

Throughout United States history, society has viewed assisted suicide unfavorably. Recently, however, Americans seem to be more accepting of the controversial procedure. Although assisted suicide is legal in only three states, it appears that as society grows increasingly comfortable with regulation of the issue, it may be more inclined to allow the practice.

Go to article

The Most Important Thing, Linda Smith Jan 2009

The Most Important Thing, Linda Smith

Utah Law Review

It was a Guardianship action filed by the Granmother (Abuela) of a little girl. The mother had died while she and her daughter were living with Abuela. So Abuela sought permanent custody of the three-year-oId child. The lawyer filed the papers in Massachusetts, and served the father (Padre) who was far away in Puerto Rico.

Go to article

Seen But Not Heard: Child Sexual Abuse, Incest, And The Law In The United States, Alison Adams Jan 2009

Seen But Not Heard: Child Sexual Abuse, Incest, And The Law In The United States, Alison Adams

Utah Law Review

Ashley Morgan's monologue Full Circle explores the difficult subject of child sexual abuse. In 2005 alone, over 83,000 children were confirmed victims of sexual abuse in the United States. This number is taggering. Even more shocking is a 1994 retrospective survey of adults, which suggests that the number of confirmed sexual abuse victims is extremely understated. The survey estimated that at least twenty percent of American woman and five to ten percent of American men experienced some form of sexual abuse as children. More alarming than the number of children who are victims of child sexual abuse is understanding who …

Go to article

Elective Surgery-When Parental And Medical Opinion Supersedes A Child's Right To Choose, Danielle Hawkes Jan 2009

Elective Surgery-When Parental And Medical Opinion Supersedes A Child's Right To Choose, Danielle Hawkes

Utah Law Review

In Raising a Woman, I Mary was fourteen when she had an operation that would forever deprive her of the ability to bear a child. In facing this 'surgery, she had no choice in the matter, no option to say no, and no advocate asking what she wanted. She was alone and left without a voice because her physician, and even her own mother, had taken her choice away. When Mary received a hysterectomy, her mother's needs were addressed the monthly anguish in caring for her daughter's menstruation was eliminated, thereby diminishing the extremely difficult turn that her life had …

Go to article

Marital Rights For Teens: Judicial Intervention That Properly Balances Privacy And Protection, Pamela E. Beatse Jan 2009

Marital Rights For Teens: Judicial Intervention That Properly Balances Privacy And Protection, Pamela E. Beatse

Utah Law Review

Uncle George's Story, pinpoints the many policy tensions at play when minors desire to marry, especially when the minor female is pregnant. Clearly, George was a young man deeply affected by his experiences growing up as an illegitimate child. He made the voluntary choice to marry his childhood sweetheart,who was pregnant with another man's child. With the support of her father, George and his bride were legally married in Utah and had a strong, loving marriage. Yet, this story is not the typical story when teens marry. Consequently, under pure common law and subsequent statutory provisions, all states have carved …

Go to article

Justice In The Darkness: Mental Health And The Juveniie Justice System, Brian Jay Nicholls Jan 2009

Justice In The Darkness: Mental Health And The Juveniie Justice System, Brian Jay Nicholls

Utah Law Review

Unless states can provide a way to identify these youth at an earlier stage, intervene, and provide meaningful and effective treatment, the future of those youths as well as the public safety is in jeopardy. Research has shown, as illustrated by Utah's C3 Court, that a comprehensive and collaborative approach to treating these kids can "reduce both crime and costs in the long run while improving (and even saving) the lives of young people today." If states do nothing however, not only do those states fail the youth that they are supposed to rehabilitate, but the state also "fails the …

Go to article

Extending The Shadow Of The Law: Using Hybrid Mechanisms To Develop Constitutional Norms In Socioeconomic Rights Cases, Brian Ray Jan 2009

Extending The Shadow Of The Law: Using Hybrid Mechanisms To Develop Constitutional Norms In Socioeconomic Rights Cases, Brian Ray

Utah Law Review

As a hybrid process that operates somewhere between pure ADR and pure adjudication—and, indeed oscillates between those extremes—engagement offers a novel and potentially important tool for enforcing socioeconomic rights. That tool falls somewhat short of the call by the Constitutional Courts’ critics for fullfledged judicial interpretation and enforcement, but the same features that make engagement something less than strong court enforcement also enhance its legitimacy.

Go to article

Height Discrimination In Employment, Isaac B. Rosenberg Jan 2009

Height Discrimination In Employment, Isaac B. Rosenberg

Utah Law Review

This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.

Go to article

Divided Loyalties: How The Metlife V. Glenn Standard Discounts Erisa Fiduciaries’ Conflicts Of Interest, Beverly Cohen Jan 2009

Divided Loyalties: How The Metlife V. Glenn Standard Discounts Erisa Fiduciaries’ Conflicts Of Interest, Beverly Cohen

Utah Law Review

Professor Langbein, a noted ERISA scholar, has argued convincingly in favor of applying de novo review to ERISA benefit denials where the fiduciary acted under a conflict of interest. While the Supreme Court in MetLife rejected the de novo standard in favor of retaining Firestone’s arbitrary and capricious standard coupled with weighing the conflict as a factor, application of the MetLife standard yields a result that is so close to de novo review as to be virtually indistinguishable. By allowing the reviewing court to assign a discretionary weight to the conflict, it is uncertain how much, if any, deference will …

Go to article

Introduction, Robert W. Adler Jan 2009

Introduction, Robert W. Adler

Utah Law Review

Although criminal enforcement has always been an important component of environmental law, the year of this symposium (2009) marked the twenty-year anniversary of an event that, for some, increased attention to the propriety and effectiveness of criminal remedies as tools for environmental protection. On March 24, 1989, the Exxon Valdez supertanker ran aground in Alaska’s Prince William Sound, spilling almost eleven million gallons of North Slope crude oil and causing one of the largest and most significant single-incident environmental disasters in history. Among the casualties were hundreds of thousands of birds, more than a thousand sea otters, hundreds of bald …

Go to article

Up From The Sewers: A Perspective On The Evolution Of The Federal Environmental Crimes Program, Raymond W. Mushal Jan 2009

Up From The Sewers: A Perspective On The Evolution Of The Federal Environmental Crimes Program, Raymond W. Mushal

Utah Law Review

The environmental crimes program has become an established part of our environmental protection effort. It exists at all levels of government, federal, state, and local. But how do we describe its evolution? There are a number of ways in which this can be done. One, of course, would be to track the case statistics and trends through the years. Another—which is the approach of this essay—would be to focus less upon the cases, as such, and more upon the background developments and issues that have characterized the federal program over time. A pattern emerges in which each successive decade has …

Go to article

The Belt And Suspenders Approach: The Advantages Of A Formalized Environmental Compliance Program, Carol Dinkins, Sean Lonnquist Jan 2009

The Belt And Suspenders Approach: The Advantages Of A Formalized Environmental Compliance Program, Carol Dinkins, Sean Lonnquist

Utah Law Review

Because environmental crimes can be committed by businesses, regulating and enforcement entities such as the Department of Justice (“DOJ”) and the Environmental Protection Agency (“EPA”) may have a particular interest in indicting a corporation as a means of protecting the public at large. Although major environmental statutes such as the Clean Water Act and the Clean Air Act provide for civil penalties, some environmental violations are such that criminal charges may be appropriate both as a means of punishing wrongdoing and also to deter future violations. Additionally, the U.S. Attorneys’ Manual states prosecution of corporate crime is a high priority …

Go to article

Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear Jan 2009

Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear

Utah Law Review

The federal sentencing guidelines for environmental crimes bark loudly, calling for sentences of imprisonment for all but the most trivial of environmental offenses. Although the terms of imprisonment are not long, the prospect of even a short period of incarceration is doubtlessly capable of getting the attention of the white-collar professionals who commit environmental offenses. Research I conducted in 2004, however, indicated that the bark of the environmental guidelines was considerably worse than their bite. Judges “departed” below the applicable guidelines range in an unusually high percentage of environmental cases; barely one-third of convicted environmental defendants received prison sentences, and …

Go to article

Locating The Environmental Harm In Environmental Crimes, Susan F. Mandiberg Jan 2009

Locating The Environmental Harm In Environmental Crimes, Susan F. Mandiberg

Utah Law Review

The current approach to environmental harm is odd from a criminal law perspective. The environmental criminal statutes barely deal with the subject at all. The environmental sentencing guidelines, on the other hand, focus almost entirely on harm. The resulting system does not adequately address the role of harm in evaluating the seriousness of environmental crimes or in graduating punishment for different levels of offenders. Although the situation could be resolved through amendments to the sentencing guidelines, a statutory approach has certain advantages from a societal perspective. There is no need to jettison the current statutory approach, which works well to …

Go to article

Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann Jan 2009

Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann

Utah Law Review

The Rivers and Harbors Act of 1899 often is considered the first environmental criminal statute because it contains strict liability provisions that make it a misdemeanor to discharge refuse into navigable waters of the United States without a permit. When Congress passed the Rivers and Harbors Act, however, it was far more concerned with preventing interference with interstate commerce than environmental protection. For practical purposes, the environmental crimes program in the United States dates to the development of the modern environmental regulatory system during the 1970s, and amendments to the environmental laws during the 1980s, which upgraded criminal violations of …

Go to article

Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary Jan 2009

Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary

Utah Law Review

A criminal defendant found not guilty by reason of insanity was found not guilty. Commitment to a state mental facility is not designed to be punishment for a crime. The commitment is meant instead to address the acquittee’s insanity. Involuntary commitment strips a person of a vital liberty interest, and under our Constitution it should be done only with adequate due process. Recommitment of the person, though, is due that same protection. Accordingly, use of unfairly prejudicial evidence should be limited unless a court deems it necessary to a jury’s determination.

Go to article

Gender Based Strategies For Increased Student Achievement, Mary Louise Bryant-Wilder Jan 2009

Gender Based Strategies For Increased Student Achievement, Mary Louise Bryant-Wilder

Graduate Research Papers

This paper will present information based on various instructional strategies used in the single gender classrooms. These strategies are researched based, and have been know to help support gender specific classrooms. Chapter two will discuss the history of traditional classroom setting and the introduction of the single gender learning classroom. Chapter three will discuss the results of the current research and findings of experts in the study of gender classrooms and the affect such classrooms have on boys. It will also compare the advantages and disadvantages of gender classrooms for boys. Chapter four is an analysis of the findings presenting …

Go to article

Networked Learning In An Educational Environment, Garey Gill Jan 2009

Networked Learning In An Educational Environment, Garey Gill

Graduate Research Papers

Yesterday's methods of instruction are no longer sufficient for today's global world or today's learners. Networked learning provides the capability of making connections with people and information for lifelong learning. This literature review seeks to define Networked Learning and Personal Learning Networks and their implications for education. Networked learning and Personal Learning Networks in relationship to motivation theory is also explored. Recommendations for future use include using social networking as an educational strategy for student learning and instructor professional development. Another recommendation and strategy discussed includes student-centered learning to improve student learning in an educational environment through networked learning. Technology …

Go to article

Distance Education : Is The Classroom Becoming Obsolete?, Randall M. Gilbert Jan 2009

Distance Education : Is The Classroom Becoming Obsolete?, Randall M. Gilbert

Graduate Research Papers

The future of education seems to be moving rapidly towards distance education. Society is moving faster as people are trying to coordinate work, family, and school. Due to the increasing pressure of time and distance constraints, today's learners are sometimes choosing to get their educations online, or through a school with distance education technologies and capabilities. This literature review describes distance education, instructor and student attitudes towards distance education, benefits and disadvantages of distance education, the past and the future of distance education, and how and why it should be used in training and education.

Go to article

A Review Of Character Education Programs And Their Impact On Student Performance, Cara Marie Ludemann Jan 2009

A Review Of Character Education Programs And Their Impact On Student Performance, Cara Marie Ludemann

Graduate Research Papers

The teaching of character education in the U.S. public school system is being proposed by many educational leaders as a way of reducing deadly violence perpetrated by children and addressing the broad spectrum of social ills found throughout the country (Lickona, 2004). This review addresses research regarding the purposes of character education, roles of the teacher, program implementation, evaluation of programs, and financial considerations. This review reports elements found in successful character education programs. The review supports the value of implementing character education into a school's curriculum but also identifies obstacles that need to be overcome.

Go to article

First Prev Next Last