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2013

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The Resource Page (2013) 49 Page 204 Jan 2013

The Resource Page (2013) 49 Page 204

Court Review: Journal of the American Judges Association

The American Judges Association is launching a web-based, comprehensive training program for judges regarding the handling of domestic-violence cases. The program includes presentations by leading experts in the area, with separate modules on:

• The dynamics of domestic violence,

• Civil-protection orders,

• Child-custody cases,

• Evidentiary issues, and

• Sentencing.

Each module has clearly identified learning objectives, video scenarios and presentations, interactive exercises to check comprehension of key points, and resources to explore for further information. There are courtroom-based scenarios, dynamic panel discussions, and additional interactive content. The program should be of interest both to new and experienced judges; …


The Emotionally Intelligent Judge: A New (And Realistic) Ideal, Terry A. Maroney Jan 2013

The Emotionally Intelligent Judge: A New (And Realistic) Ideal, Terry A. Maroney

Court Review: Journal of the American Judges Association

As a Supreme Court Justice once wrote, “dispassionate judges” are “mythical beings,” like “Santa Claus or Uncle Sam or Easter bunnies.”1 Judges have emotions, and emotions influence decision making. These observations may seem obvious, even banal. But their implications are broad-reaching. Judicial emotion is more common than most people—certainly laypeople, and perhaps judges as well— would like to believe. Further, emotion almost certainly has a substantial impact on judicial decision making and behavior— and that is not necessarily a bad thing.

The ideal of the emotionless, “dispassionate” judge has a very long pedigree. More than three centuries ago, Thomas Hobbes …


Achieving Racial And Ethnic Fairness In Drug Courts, Douglas B. Marlowe Jan 2013

Achieving Racial And Ethnic Fairness In Drug Courts, Douglas B. Marlowe

Court Review: Journal of the American Judges Association

In June 2010, the Board of Directors of the National Association of Drug Court Professionals (NADCP) passed a unanimous resolution directing drug courts to examine whether unfair disparities exist in their programs for racial or ethnic minority participants, and if so, to take reasonable corrective measures to eliminate such disparities.1 The resolution places an affirmative obligation on drug courts to continuously monitor whether minority participants have equal access to the programs, receive substantially equivalent services in the programs, and successfully complete the programs at equivalent rates to non-minorities.2 The resolution further directs drug courts to adopt evidence-based assessment tools and …


“Ever Since The Hanging Of Oliphant” Lynching And The Suppression Of Mob Violence In Topeka, Kansas, Brent M.S. Campney Jan 2013

“Ever Since The Hanging Of Oliphant” Lynching And The Suppression Of Mob Violence In Topeka, Kansas, Brent M.S. Campney

Great Plains Quarterly (through 2013)

“The most remarkable scene ever enacted in the heart of a great city was witnessed in Topeka last night, in the final act of the tragedy on which the curtain rose with the sunrise yesterday,” reported the Topeka Daily Capital on June 5, 1889. “Twelve hours after the spirit of Alonzo T. Rodgers had taken its flight, his murderer was hung in the very center of the capital city, under the broad glare of the electric light and by a body of ‘vigilantes’ which in its composition was equalled by no other in all the history of the western world.” …


Index To The Senate Journal State Of Colorado: Sixty-Ninth General Assembly First Regular Session, Colorado General Assembly Jan 2013

Index To The Senate Journal State Of Colorado: Sixty-Ninth General Assembly First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Index To The House Journal State Of Colorado: Sixty-Ninth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly Jan 2013

Index To The House Journal State Of Colorado: Sixty-Ninth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Evaluating Economic Impact In Regulatory Takings Cases, Daniel L. Siegel Jan 2013

Evaluating Economic Impact In Regulatory Takings Cases, Daniel L. Siegel

UC Law Environmental Journal

No abstract provided.


Griego, Elizabeth 2013, Ken Beauchamp Jan 2013

Griego, Elizabeth 2013, Ken Beauchamp

Emeriti Society Oral History Collection

Vice President for Student Life (2006-2013). Topics include: Student Life organization and staffing, Student Life programs, Pacific students’ characteristics.


Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld Jan 2013

Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld

Faculty Publications

No abstract provided.


Emerging From The Haze Of America's War On Drugs And Examining Canada's New Half-Baked Laws, Ramy Oden Jan 2013

Emerging From The Haze Of America's War On Drugs And Examining Canada's New Half-Baked Laws, Ramy Oden

Fordham International Law Journal

No abstract provided.


A Check-In On Privacy After United States V. Jones: Current Fourth Amendment Jurisprudence In The Context Of Location-Based Applications And Services, Kathryn Nobuko Horwath Jan 2013

A Check-In On Privacy After United States V. Jones: Current Fourth Amendment Jurisprudence In The Context Of Location-Based Applications And Services, Kathryn Nobuko Horwath

UC Law Constitutional Quarterly

This note will discuss whether current Fourth Amendment jurisprudence adequately protects user location information obtained from location-based services ("LBS"), and if not, what changes can be made to ensure our right to privacy in this digital information. In Part I, the concept of LBS and a technical description of how it works is discussed. Part II summarizes the Supreme Court's recent decision in United States v. Jones on warrantless prolonged use of a GPS tracking device and will outline the Fourth Amendment jurisprudence underpinning the Court's logic. Part III delivers an in-depth description of federal statutory law that applies to …


Foreign In A Domestic Sense: American Samoa And The Last U.S. Nationals, Sean Morrison Jan 2013

Foreign In A Domestic Sense: American Samoa And The Last U.S. Nationals, Sean Morrison

UC Law Constitutional Quarterly

Citizenship is part of the foundation of being American. Yet the United States treats some of its own as second class citizens. Deep in the South Pacific, forgotten amidst the vast ocean and coconuts, is a small series of islands that represent the only U.S. jurisdiction below the equator. American Samoa remains the last American territory that does not recognize its inhabitants as citizens. For more than a century, American Samoans have fought American wars, pledged allegiance to the American flag, and played a significant amount of American football, yet are categorized as U.S. nationals rather than citizens.

Recently, some …


Building A Strong Foundation: Justice John Simonett And Constitutional Law In Minnesota, Robert Stein Jan 2013

Building A Strong Foundation: Justice John Simonett And Constitutional Law In Minnesota, Robert Stein

Articles

I am delighted to join in this Tribute to the remarkable judicial career of Minnesota Supreme Court Justice John E. Simonett—a great justice and, equally important, a great human being. I remember Justice Simonett with deep respect and affection. During my years as dean of the University of Minnesota Law School, I could always count on Justice Simonett to enliven any program with his erudite and pithy remarks, his wit, and his joyful presence. I remember particularly a Judges in Residence program in which Justice Simonett and Justice Anthony Kennedy of the Supreme Court of the United States were the …


Identifying Values In Land Use Regulation, Adam J. Macleod Jan 2013

Identifying Values In Land Use Regulation, Adam J. Macleod

Kentucky Law Journal

No abstract provided.


Protecting The Texas Nonprofit Property Tax Exemption: The Unintended Absence Of A Nonproducing Mineral Exemption And Its Consequences, Marie-Claire Hart Jan 2013

Protecting The Texas Nonprofit Property Tax Exemption: The Unintended Absence Of A Nonproducing Mineral Exemption And Its Consequences, Marie-Claire Hart

Texas A&M Journal of Property Law

This Comment will address the current Texas property tax exemption for nonprofit organizations, its lack of exemption for nonproducing mineral interests, and the potential implications of the lack of such an exemption for nonprofit organizations with otherwise exempt land holdings. Taxation of nonproducing mineral interests held by non-profits has very real policy implications. Should tax assessors choose to pursue this route, it creates serious liabilities on certain nonprofit organizations with large, nonproducing mineral interests under their otherwise tax-exempt property. This Comment proposes that the Texas Legislature create a narrowly tailored extension of the non-profit organization property tax exemption for nonproducing …


Individual Responsibility For Mass Atrocity: In Search Of A Concept Of Perpetration, Neha Jain Jan 2013

Individual Responsibility For Mass Atrocity: In Search Of A Concept Of Perpetration, Neha Jain

Articles

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability can be attributed to intellectual authors and leaders. In this paper, I draw on the insights of comparative law and methodology to propose a new doctrine of perpetration that reflects the role and function of high level participants in mass atrocity while …


Adolescent Criminal Responsibility, Proportionality, And Sentencing Policy: Roper, Graham, Miller/Jackson, And The Youth Discount, Barry C. Feld Jan 2013

Adolescent Criminal Responsibility, Proportionality, And Sentencing Policy: Roper, Graham, Miller/Jackson, And The Youth Discount, Barry C. Feld

Articles

The Supreme Court in Roper v. Simmons 1 prohibited states from executing offenders for murders committed when younger than eighteen years of age. Roper found a national consensus existed against executing adolescents based on state statutes and jury practices. 2 The Justices also conducted an independent proportionality analysis and concluded that youths' immature judgment, susceptibility to negative peer influences, and transitory personality development reduced their culpability and precluded the most severe sentence. 3


The Accelerator, Volume 6 Issue 11, Winter 2013, Christa Santos Jan 2013

The Accelerator, Volume 6 Issue 11, Winter 2013, Christa Santos

The Accelerator

No abstract provided.


Nuclear Intentions And Implied Preemption: How Energy Nuclear Vermont Yankee, Llc V. Shumlin Gives Indian Point A Fighting Chance To Stay In Business, Zachary Mason Jan 2013

Nuclear Intentions And Implied Preemption: How Energy Nuclear Vermont Yankee, Llc V. Shumlin Gives Indian Point A Fighting Chance To Stay In Business, Zachary Mason

American University Business Law Review

No abstract provided.


When Retreat Is The Best Option: Flood Insurance After Biggert-Waters And Other Climate Change Puzzles, 47 J. Marshall L. Rev. 695 (2013), Robert Verchick, Lynsey Johnston Jan 2013

When Retreat Is The Best Option: Flood Insurance After Biggert-Waters And Other Climate Change Puzzles, 47 J. Marshall L. Rev. 695 (2013), Robert Verchick, Lynsey Johnston

UIC Law Review

No abstract provided.


Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher Jan 2013

Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher

Loyola University Chicago Law Journal

No abstract provided.


Graduate Bulletin 2013-2014, Cuny John Jay College Jan 2013

Graduate Bulletin 2013-2014, Cuny John Jay College

College Bulletins

Covers academic year 2013-2014


Access To Ems Services And Training, Knowledge, And Perceptions Related To First Aid And Cardiopulmonary Resuscitation (Cpr) Skills Among College Students, Feifei Sun Jan 2013

Access To Ems Services And Training, Knowledge, And Perceptions Related To First Aid And Cardiopulmonary Resuscitation (Cpr) Skills Among College Students, Feifei Sun

All Graduate Theses, Dissertations, and Other Capstone Projects

This study included two purposes. The first purpose of this study was to compare undergraduate students' knowledge and perceptions related to first aid and cardiopulmonary resuscitation (CPR) according to their level of first aid and CPR training. The second purpose of this study was to compare the students' perceptions of access to emergency medical services (EMS) by the geographic location of their hometown. A quantitative survey was distributed to students enrolled in three HLTH 101: Health and Environment classes in Spring, 2013. The survey included questions related to the participants' demographic characteristics, perceptions of the time needed for EMS services …


“In The Public Interest”: Understanding The Special Role Of The Government Lawyer, Patrick J. Monahan Jan 2013

“In The Public Interest”: Understanding The Special Role Of The Government Lawyer, Patrick J. Monahan

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

The concept of the “public interest” is the foundational principle that guides and structures the special role of government lawyers. This public interest role is derived from a number of constitutional and statutory sources but, in Ontario, it finds its foundation in section 5 of the Ministry of the Attorney General Act, which provides that the Attorney “shall see that the administration of public affairs is in accordance with the law”. This responsibility to uphold and advance the rule of law falls not just to the Attorney but to all government lawyers who act on his or her behalf. What …


The Tarpon Springs Public Library : A Cultural Treasure For Nearly A Century, James Anthony Schnur Jan 2013

The Tarpon Springs Public Library : A Cultural Treasure For Nearly A Century, James Anthony Schnur

USF St. Petersburg Campus Faculty Publications

Remarks from a presentation Schnur delivered to the annual meeting of the Friends of the Tarpon Springs Public Library at the Cypress Run Golf Club in November 2013. A revised version of the PowerPoint presentation, one offered in a centennial celebration at the Tarpon Springs Public Library on 27 January 2016, is also included.


Concerning The Creation Of A Prescribed Burning Program Under The Division Of Fire Prevention And Control In The Department Of Public Safety, And, In Connection Therewith, Specifying The Powers And Duties Of The Division And Its Director With Respect To That Program And Making An Appropriation., Colorado General Assembly Jan 2013

Concerning The Creation Of A Prescribed Burning Program Under The Division Of Fire Prevention And Control In The Department Of Public Safety, And, In Connection Therewith, Specifying The Powers And Duties Of The Division And Its Director With Respect To That Program And Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Adverse Inference From Silence Of Accused, Jiefei Yang Jan 2013

Adverse Inference From Silence Of Accused, Jiefei Yang

War Crimes Memoranda

No abstract provided.


“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley Jan 2013

“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley

Societies Without Borders

Police-ICE interoperability, known colloquially by immigrant rights actors as PoliMigra, is the cooperation of state and local law enforcement with federal immigration authorities to enforce federal immigration law. Hailed by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and state and local authorities as a “common sense” approach to immigration enforcement, such collaboration is asserted to aid authorities in identifying and apprehending potential or proven threats to the nation. In contrast, immigrant rights actors argue that the blurring of lines between local police and federal immigration agents ultimately produces vulnerability for communities, both immigrant and native-born. In …


Second Amendment Challenges To Student Housing Firearms Bans: The Strength Of The Home Analogy, Michael L. Smith Jan 2013

Second Amendment Challenges To Student Housing Firearms Bans: The Strength Of The Home Analogy, Michael L. Smith

Faculty Articles

Public colleges and universities or state governments often ban the possession of firearms on public university or college property. These bans typically extend to student housing. While much has been written about campus bans on the carrying of concealed firearms, the topic of gun bans in the student housing context has been largely unaddressed in Second Amendment literature. This Comment seeks to fill that gap by evaluating potential student challenges to firearms bans in the student housing context in light of potential standards of review courts may apply and in light of the U.S. Supreme Court's decisions in District of …


Civil Rights And The 1960s: A Decade Of Unparalleled Progress, Leland Ware Jan 2013

Civil Rights And The 1960s: A Decade Of Unparalleled Progress, Leland Ware

Maryland Law Review

No abstract provided.