Digital Commons Network^™

Judicial Application Of The Limitation Act 1980 In Claims For Personal Injury: Has Time Run Out On The Prospect Of Certainty In The Law?, Eleanor Kemp

The Plymouth Law and Criminal Justice Review

In 2008 the landmark decision in A v Hoare1 was received from the House of Lords. The decision will have a wide impact on the law on limitation periods in claims for personal injury. Victims of intentional trespass to the person can now apply to the court to either extend or disapply the primary limitation period. This article will consider the wider implications of the decision on issues of limitation. It aims to examine what the initial rationale of limitation legislation is. With this in consideration the article then analyses judicial application of the Limitation Act 1980 prior to, and …

Lowery V Walker Revisited; Risks And Responsibilities; Occupiers And Trespassers, Sheila Dziobon

The Plymouth Law and Criminal Justice Review

This article reviews the liability of occupiers for injuries suffered by trespassers on their land. The article opens with a review of the a case which went to the House of Lords at the beginning of the twentieth century; a time when negligence was in its infancy and before any statutory intervention covering this area of law was in existence. The article asks the reader to take an objective view of the cases reviewed. Some of these decisions have been criticised as being inconsistent and illogical but it is suggested here that a closer examination reveals that the creator of …

Environmental Regulation: Effective Or Defective? Assessing Whether Criminal Sanctions Provide Adequate Protection Of The Environment, Emma Bethell

The Plymouth Law and Criminal Justice Review

Issues, such as climate change and global warming, have seen environmental protection grow in the global consciousness into something worthy and in need of regulation. In response, a number of laws have been enacted which make certain environmental actions criminal offences, enforced through the criminal justice system. These environmental crimes are enforced using the same mechanisms and must satisfy the same procedural safeguards as 'traditional' criminal offences in order to secure conviction. This discussion looks at elements of the current system and whether it provides an effective system for protecting the environment. An examination of the alternatives is also made …

Saviour Siblings And The Human Fertilisation And Embryology Acts 1990 And 2008, Rebecca Thorp

The Plymouth Law and Criminal Justice Review

In 2003, the case of R (on the Application of Quintavalle) v Human Fertilisation and Embryology Authority1 dramatically brought into light the Human Fertilisation and Embryology Act 1990 as outdated and inconsistent. Authorisations for saviour sibling treatment appeared futile as cases were decided illogically, leaving some patients having to seek treatment elsewhere. The procedure of pre-implantation genetic diagnosis alongside tissue typing embryos has been a huge breakthrough in treating children born with serious life threatening diseases. However, this essentially unforeseen technology is poorly regulated in the 1990 Act and has therefore resulted in the new Human Fertilisation and Embryology Act …

Attitudes And Responses To Rape In Light Of The Low Conviction Rate, Katie Ewing

The Plymouth Law and Criminal Justice Review

The law relating to rape is currently the subject of much debate following the Home Office figures which state that the UK conviction rate is under 6%, creating pressure on the Government to implement change. It is well-documented that pre-conceived attitudes about the nature of rape can be a huge barrier to prosecuting rape effectively. Each year the number of women reporting rape increases significantly but the conviction rate remains the same. This article examines the current role and practices of the police and CPS in prosecuting rape cases and considers the impact that rape myths and preconceived attitudes held …

Judging Judicial Appointments: Annual Pilgrim Fathers Lecture, 3 December 2009, Roger Toulson Lord Justice Toulson

The Plymouth Law and Criminal Justice Review

No abstract provided.

Casenote: Legal Loopholes In The Law Of Unintended Consequences: A Consideration Of The Decision In Re Griffiths, Lesley Austen

The Plymouth Law and Criminal Justice Review

No abstract provided.

An Examination Of The Effectiveness Of Differing Types Of Feedback Across Controlled Written Assignment Scenarios, Lisa Dopke

Masters Theses

The development of effective writing skills is widely acknowledged as a primary goal in higher education. For this reason, instructors have devised several ways to help students develop and improve their writing proficiency. Within this repertoire of strategies, the most common and often most practical method is providing feedback, particularly written feedback, on student’s writing assignments. Because feedback is commonly recognized as advantageous in this respect, and because there continues to be a keen “interest in how to provide more effective, relevant feedback to students” (Wiltse, 2002, p. 127), various aspects of the feedback communication and related processes have been …

Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

Recent mass shootings on college campuses have focused many on the responsibilities of colleges and universities to prevent and respond to such violence. However, in statistical terms, this type of campus violence can thankfully be considered relatively extraordinary. In contrast, the only type of campus violence that is unfortunately common enough to be characterized as “ordinary” is peer sexual assault and similar forms of campus gender-based violence. Accordingly, this essay explores the scope and dynamics of both “ordinary” and “extraordinary” campus violence, discusses the law and “best practices” dealing with peer sexual violence victims’ rights and the due process rights …

Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney

Faculty Scholarship

The article addresses an important yet largely overlooked issue of statutory meaning and labor relations policy: employers’ aggressive use of civil RICO actions to chill coordinated union efforts in the organizing and bargaining arenas. Over the past 30 years, facing volatile economic conditions and complex corporate relationships, unions have mounted coordinated campaigns (aimed at consumers, public officials, lenders, the media, and the public) in order to help organize new workers and to renew collective bargaining relationships. These often high-profile campaigns have at times been quite successful. In response, employers since the late 1980s have invoked civil RICO’s broad language to …

Bound By Injustice: Challenging The Use Of Shackles On Incarcerated Pregnant Women, Dana Sussman

Cardozo Journal of Equal Rights & Social Justice

The use of shackles to restrain a pregnant woman during the birthing process is a barbaric practice that needlessly inflicts excruciating pain and humiliation. It is widely condemned by members of the international community, including leading medical and public health associations. Although human rights advocates have effected significant policy change in the past ten years to eliminate the use of shackles on women in labor, it remains routine practice in many American prisons and jails. Reproductive rights advocates should consider this a reproductive justice issue and build on the gains of the human rights community to bring legal claims challenging …

What To Expect: Legal Developments And Challenges In Reproductive Justice

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Constitutional Future Of Race-Neutral Efforts To Promote Diversity And Avoid Racial Isolation In Our Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

In 2007, the U.S. Supreme Court ruled in Parents Involved in Community Schools v. Seattle School District No. 1 that the racial classifications used by school districts in Seattle and Louisville to create diverse schools were unconstitutional. Justice Kennedy provided the deciding vote but also noted that school districts could pursue diversity and avoid racial isolation through race-neutral alternatives. He asserted that it was unlikely that race-neutral alternatives would be subject to strict scrutiny but articulated no rationale for this assertion. This Article argues that, after Parents Involved, school districts will focus on race-neutral efforts to create diverse schools …

Catalog 2009-2010, University Of North Florida

UNF Course Catalogs

No abstract provided.

The Pros And Cons Of Comprehensive Community Initiatives At The City Level: The Case Of The Urban Health Initiative, Diana Silver, Beth C. Weitzman

The Foundation Review

· This article describes the trade-offs between the city-level and neighborhood-based approaches in examining the Robert Wood Johnson Foundation’s (RWJF’s) Urban Health Initiative (UHI), an $80 million, 10-year effort to improve the health and safety of young people.

· Eight cities engaged in a two-year planning process; five received funding for an eight-year implementation phase. Plans that engaged in bottom-up activities, but left power and control in the hands of civic, business, social service, and political leaders, were favored. Those who had focused exclusively on neighborhood-based approaches were not funded for implementation.

· RWJF chose a city-level focus because they …

Revocation Of Police Officer Certification: A Viable Remedy For Police Misconduct?, Roger L. Goldman, Steven Purro

All Faculty Scholarship

We take it as a given that any profession or occupation, which involves interaction with the public, will be regulated by a state agency. Accountants, architects, attorneys, barbers, cosmeticians, dentists, etc. are all required to undergo training, meet selection standards and, if they seriously misbehave, they will have their licenses or certificates revoked by the board or commission which regulates that profession. Until fairly recently, there was no license or professional certificate issued by a state agency for law enforcement officers. That meant that an officer, who had successfully completed his police academy training and received a diploma, could be …

From Ballots To Bullets: District Of Columbia V. Heller And The New Civil Rights, Anders Walker

All Faculty Scholarship

This article posits that the Supreme Court's recent Second Amendment ruling District of Columbia v. Heller is a victory for civil rights, but not in the sense that most activists from the 1960s would recognize. Rather than a product of mid-century legal liberalism, Heller marks the culmination of almost forty years of coalition-based popular constitutionalism aimed at transforming the individual right to bear arms and the common law right to "employ deadly force in self-defense" into new civil rights. The implications of this are potentially great. By declaring the right to use deadly force in self-defense an "essential" right, the …

Perceptions Of Ethical Behaviors: A Survey Of Human Service Professionals, Tammi F. Milliken, Edward S. Neukrug

Counseling & Human Services Faculty Publications

In addition to helpers' moral obligation and professional commitment to treat clients in an ethical manner, enhanced consumer knowledge of ethically correct helping relationships has increased the need to recognize potential ethical dilemmas and have the skills to respond appropriately. This article describes the development and results of an updated survey of human service professionals' perceptions of ethical behavior. The results may be used to assist in the revision of the NOHS Ethical Standards and inform ethics education.

Correlates Of Attitudes Toward Behavioral Health Services Among Older Primary Care Patients, Nancy Bridger Lynn

USF Tampa Graduate Theses and Dissertations

Research suggests that more than ten percent of older adults experience behavioral health problems (including mental health problems and/or substance abuse). However, very few actually receive care from a behavioral health care provider or even a primary care provider. One major barrier to accessing and receiving care is the feeling of perceived stigma commonly associated with behavioral health problems. The present study examined the relationships among attitudinal variables, feelings of stigma, and behavioral health outcomes over time in an elderly population with the secondary analysis of data collected for a previously implemented research study, the Primary Care Research in Substance …

Gvsu Undergraduate And Graduate Catalog, 2009-2010, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2009-2010 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

Girls Gone Wild And Rape Law: Revising The Contractual Concept Of Consent & (And) Ensuring An Unbiased Application Of Reasonable Doubt When The Victim Is Non-Traditional , Michele Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Developments In The Prosecution Of Gender-Based Crimes - The Special Court For Sierra Leone Experience , Hon. Theresa Doherty

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Denedo V. United States, Stephen I. Vladeck

Amicus Briefs & Court Filings

The significant issues raised by this case include (1) the ability of courts with criminal jurisdiction to provide remedies for constitutional errors at trial; (2) the role played by Article III courts in providing collateral relief for convictions obtained in state courts, and in Article III and non-Article III federal courts; (3) the specific interaction between Article I military courts and Article III courts; and (4) the applicability of the canon of statutory interpretation disfavoring repeals of jurisdiction by implication.

Amici curiae, professors teaching the law of federal jurisdiction, criminal procedure, and post-conviction remedies, join together to provide the Court …

Conceptualizing Aggression, Noah Weisbord

Faculty Publications

The special working group tasked by the International Criminal Court’s Assembly of States Parties to define the supreme international crime, the crime of aggression, has produced a breakthrough draft definition.

This paper analyzes the key concepts that make up the emerging definition of the crime of aggression by developing and applying a future-oriented methodology that brings together scenario planning and grounded theory. It proposes modifications and interpretations of the constituent concepts of the crime of aggression intended to make the definition sociologically relevant today and in the foreseeable future.

Regionalizing International Criminal Law?, Charles Chernor Jalloh

Faculty Publications

This article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa’s numerous conflicts, could contribute significantly to the continent’s fledgling peace and security architecture which aims …

The Role Of Tenure As A Moderator To Work Engagement And Job Satisfaction, Julie Katherine Rice

Master's Theses

No abstract provided.