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Annual Reports Of The Town Of Winchester And Winchester School District For Fiscal Year July 1, 2008 To June 30, 2009., Winchester Town Representatives

Winchester, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Report Of The Town Offices Mont Vernon, New Hampshire For The Year Ending December 31, 2008 And Of The School District Offices For The Year Ending June 30, 2008., Mont Vernon Town Representatives

Mont Vernon, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Report Of The Town Officers Of Mason, New Hampshire For The Year Ending December 31, 2008., Mason Town Representatives

Mason, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Report Town Of Lisbon, New Hampshire Year Ending December 31, 2008., Lisbon Town Representatives

Lisbon, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Report. Errol, New Hampshire. Year Ending December 31, 2008. Errol School District Annual Report Fiscal Year Ending June 30, 2008., Errol Town Representatives

Errol, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Smith, Stormans, And The Future Of Free Exercise: Applying The Free Exercise Clause To Targeted Laws Of General Applicability, Mark L. Rienzi

Scholarly Articles

Does the Free Exercise Clause extend to situations where the legislature deliberately targets a religious practice, but does so for neutral reasons and is willing to extend the ban to people who happen to engage in the same practice for non-religious reasons? While one can imagine reasonable arguments on both sides about the constitutionality of the Sunday morning alcohol ban, it seems absurd to say that the Free Exercise Clause is not part of the equation. Yet under the First Amendment analysis presently employed by many courts, that result is entirely likely.

The Case Of Liversidge V. Anderson: The Rule Of Law Amid The Clash Of Arms

The International Lawyer

No abstract provided.

Constitutional Canaries And The Elusive Quest To Legitimize Security Detentions In Canada, Maureen T. Duffy, Rene Provosi

Case Western Reserve Journal of International Law

No abstract provided.

Human Security And The Rights Of Refugees: Transcending Territorial And Disciplinary Borders, Alice Edwards

Michigan Journal of International Law

This Essay examines the concept of human security through the lens of refugee protection. In particular, the author asks whether the concept of human security could add anything to the international protection regime for refugees and asylum seekers under international law. Before international lawyers can reject the notion of human security on the basis of its non-legal, and therefore nonbinding, character, it is necessary to examine the gaps in the existing legal framework, into which policy discourse, including security discourse, may step in as an important player.

Free Movement Of Goods And Their Use -- What Is The Use Of It?, Laurence W. Gormley

Fordham International Law Journal

Shortly before the disappearance of the European Community, the European Court of Justice ("ECJ") handed down three judgments on the free movement of goods relating to the use to which goods are put. They are remarkable because they put an end to a serious controversy about the scope of what is now article 34 of the Treaty on the Functioning of the European Union ("TFEU") (article 28 of the Treaty Establishing the European Community ("EC Treaty")), which saw a considerable divergence in approach between the Advocates General concerned in these cases. The judgments also surely herald an end to attempts …

Rethinking Drug Courts: Restorative Justice As A Response To Racial Injustice, Michael M. O'Hear

Faculty Publications

Specialized drug treatment courts have become a popular alternative to more punitive approaches to the "war on drugs," with nearly 2,000 such courts now established across the United States. One source of their appeal is the belief that they will ameliorate the dramatic racial disparities in the nation's prison population - disparities that result in large measure from the long sentences handed out for some drug crimes in conventional criminal courts. However, experience has shown that drug courts are not a "do-no-harm" innovation. Drug courts can produce both winners and losers when compared to conventional court processing, and there are …

Abandon All Hope Ye That Enter? Equal Protection, Title Vi, And The Divine Comedy Of Environmental Justice, Carlton Waterhouse

Fordham Environmental Law Review

No abstract provided.

Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Andrew W. Maki, Whitney Hayes, Daniela X. Cornejo

Human Rights Brief

No abstract provided.

Money As A Thumb On The Constitutional Scale: Weighing Speech Against Publicity Rights, Diane L. Zimmerman

Faculty Articles

Although they have differed in their approaches, courts deciding right of publicity cases have almost uniformly assumed that the appropriate way to test the constitutionality of the claim is to weigh the plaintiff's publicity interest against the defendant's free speech claim. The question left unanswered is what could possible give sufficient weight, in particular to a nonadvertising publicity claim, to allow it plausibly to outweigh the first amendment. The paper argues that no plausible jurisprudential predicate for this practice exists unless one is willing to accept the argument that interests expressed in economic terms are inherently weightier than traditional liberty …

Europe, Jason R. Lindbloom, Violeta I. Balan, Lisa Bench Nieuwveld, George L. Bustin, Lorin Van Nuland, Peter Werdmuller, Richard Silberstein, Mark C. Hilgard, Jan Kraayvanger, Martin Lorenz, Jan Welder, Stefano Viola, Boguslaw Banaszak, Anne Wagner Findeisen, Andrzej Chelchowski, Richard A. Walawender, Florian S. Jörg

The International Lawyer

No abstract provided.

Shifting And Seizing: A Call To Reform Ohio's Outdated Restrictions On Drivers With Epilepsy, Kathryn Kramer

Journal of Law and Health

Presented herein is an analysis of the equity of epilepsy-related driving restrictions and the role that the state of Ohio may assume in the restructuring of such laws. Part two of this paper discusses the medical aspects of seizures and epilepsy, including basic etiology, treatments, and prognoses. Part three of this paper examines the different types of disabilities and the stigma that impacts individuals with epilepsy. Part four reviews the history of licensing and the Ohio Revised Code provisions that govern driving, licensing, and restrictions imposed upon individuals who have experienced seizures. Part five examines the Ohio case law that …

Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington

Journal of Law and Health

This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease …

Extensive Income And Value Of The Firm: Who Gets What?, Shyam Sunder

Comparative Research in Law & Political Economy

In the neoclassical model of the firm, value surplus of the firm is assumed to accrue to its owners. Contract model suggests a distribution of the surplus among various agents depending on the imperfections of the markets in which they transact with the firm. If the share of the surplus to an agent declines with the perfection of the market in which he transacts, shareholders should be expected to get only a small piece of the pie, violating the neoclassical assumption. The paper explores an extensive value concept and its measurement for firms. It also examines the implications of extensive …

Transnationalizing Mexican Legal Education: But, What About Students’ Expectations?, Luis Perez Hurtado

Comparative Research in Law & Political Economy

This article focuses on exploring the diversity of ways future students are exposed to law, as well as the multiple reasons that make the profession and degree attractive for them. It is based on the question “what experience or specific situation led to your interest in studying law?” that we asked almost 22,000 Mexican law students around the country at the beginning of the 2004-2005 academic year. This analysis is important because current efforts to transform legal education tend to consider only international components to incorporate into the law programs. But these reforms should also consider the regional or local …

Habeas Corpus Writ Of Liberty, Boumediene And Beyond, Scott J. Shackelford

Cleveland State Law Review

This book review focuses on Robert Walker's Habeas Corpus Writ of Liberty: English and American Origins and Development.

Medical Technology Meets The Maryland General Assembly: A Case Study In Handling Advances In Automated External Defibrillator Technology, Kevin M. Rodkey

Journal of Health Care Law and Policy

No abstract provided.

Ignorance Is Effectively Bliss: Collateral Consequences, Silence, And Misinformation In The Guilty-Plea Process, Jenny Roberts

Scholarly Articles in Law Reviews & Journals

In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence-every jurisdiction, that is,except Kentucky. The Supreme Court of …

A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

From just after the turn of the twentieth century through World War II, there was a great deal of activity around criminal justice reform. Much like today, many commentators in the early twentieth century considered the American criminal justice system to be broken. With regard to all of its phases-substance, sentencing, and procedure-the criminal justice system was thought to be inefficient and ineffective, and it failed to inspire the confidence of the bench, bar, or public.

Against this backdrop, a group of reformers sought to address the shortcomings of early twentieth-century criminal justice-during what I consider the "Golden Age" of …

Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen

Faculty Publications

Despite spending more than any other state on its implementation and administration, California today is saddled with a death penalty law that can be described only as completely dysfunctional. We have the longest death row in America, with approximately 670 inmates awaiting execution. Typically, the lapse of time between sentence and execution is twenty-five years, twice the national average, and is growing wider each year. One hundred nineteen inmates have spent more than twenty years on California's death row. Most of them will certainly die before they are ever executed. Since restoration of the death penalty in 1978, the leading …

The Rebirth Of Fields Corner: Vietnamese Immigrant Entrepreneurs And The Revitalization Of A Boston Neighborhood, Paul Watanabe

Western New England Law Review

No abstract provided.

International Human Rights Law, Co-Parent Adoption, And The Recognition Of Gay And Lesbian Families, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the legal recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This Article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.

Berkemer Revisited: Uncovering The Middle Ground Between Miranda And The New Terry, Michael J. Roth

Fordham Law Review

Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally …

It's Been A Privilege: Advising Patients Of The Tarasoff Duty And Its Legal Consequences For The Federal Psychotherapist-Patient Privilege, Elisia Klinka

Fordham Law Review

State laws modeled on Tarasoff v. Regents of the University of California require psychotherapists to warn potential victims of law enforcement when treating dangerous patients who make serious threats of harm to another person. In practice, many psychotherapists advise their patients who make such threats about their duty under these Tarasoff-model laws. Although they are not required to make these advisories by law, psychotherapists generaly assume that they asldo have a concomitant ethical duty to advise their patients taht such threats will not be kept confidential, as their communications normally world be. This Note looks at how these advisories affect …

Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich

Fordham Law Review

Since the U.S. Supreme Court decided Texas v. Cobb in 2001, eight courts of appeals have rached divergent conclusions as to the scope and extent of a criminal defendant's Sixth Amendment right to counsel when he is being prosecuted by multiple sovereigns, including, most recently, the U.S. Court of appeals for the Eleventh Circuit in 2008. Invariably, each circuit court purports to draw conclusive support for its holding from the plain language of Cobb. The conflict among the circuits reveals a tension between the courts; desire to balance fundamental individual and legitimate state interests, achieve uniformity and consistency in the …