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Enacting And Enforcing Felony Animal Cruelty Laws To Prevent Violence Against Humans, Joseph G. Sauder Jan 2000

Enacting And Enforcing Felony Animal Cruelty Laws To Prevent Violence Against Humans, Joseph G. Sauder

Animal Law Review

Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.

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Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler Jan 2000

Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler

Seattle University Law Review

In this Introduction, I will briefly summarize Des Rosiers' Court Review article, entitled From Telling to Listening: A Therapeutic Analysis of the Role of Courts in Minority-Majority Conflicts, placing it in a framework that transcends minority-majority conflicts and encourages discussion regarding the use of therapeutic jurisprudence by appellate tribunals. My brief summary is followed by a series of comments that have the potential of launching a refreshing line of inquiry into the appellate process, opinion writing, and the formulation of legal doctrine.

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The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams Jan 2000

The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams

Seattle University Law Review

In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to the mentally …

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Broadly Speaking - December, 1999, Nova Southeastern University Dec 1999

Broadly Speaking - December, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Broadly Speaking - November, 1999, Nova Southeastern University Nov 1999

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt Nov 1999

Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

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Broadly Speaking - October, 1999, Nova Southeastern University Oct 1999

Broadly Speaking - October, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Broadly Speaking - August 19, 1999, Nova Southeastern University Aug 1999

Broadly Speaking - August 19, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White Jul 1999

Can Lightning Strike Twice - Obligations Of State Courts After Pulley V. Harris, Penny White

Scholarly Works

No abstract provided.

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Executive Privilege Or Punishment? The Need To Define Legitimate Invocations And Conflict Resolution Techniques, Mark P. Doherty Jul 1999

Executive Privilege Or Punishment? The Need To Define Legitimate Invocations And Conflict Resolution Techniques, Mark P. Doherty

Northern Illinois University Law Review

This comment describes justifications for the doctrine of executive privilege and then examines various arguments against its legitimacy and use. This comment then reflects on several historical invocations of the privilege and the ensuing public, political, and judicial reactions. Finally, the author suggests that Congress implement guidelines for legitimate invocations of the executive privilege and outlines an effective system to safeguard this constitutional executive prerogative.

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School Of Law Commencement: May 8, 1999, University Of North Dakota May 1999

School Of Law Commencement: May 8, 1999, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 8, 1999.

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Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman Apr 1999

Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman

Law and Contemporary Problems

Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.

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Security, Safety, And The Law: The Alpine Cable Accident, Ibpp Editor Mar 1999

Security, Safety, And The Law: The Alpine Cable Accident, Ibpp Editor

International Bulletin of Political Psychology

This article describes how legal Issues pertaining to fatal aviation accidents with and without significant politico-military implications can contribute to or detract from security and safety phenomena leading to yet other fatal accidents.

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Broadly Speaking - March, 1999, Nova Southeastern University Mar 1999

Broadly Speaking - March, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Broadly Speaking - February, 1999, Nova Southeastern University Feb 1999

Broadly Speaking - February, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Prospective Student Information Booklet (1998-99), Florida State Univeristy College Of Law Jan 1999

Prospective Student Information Booklet (1998-99), Florida State Univeristy College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

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The Most Aggravated And Least Mitigated Murders: Capital Proportionality Review In Florida, Ken Driggs Jan 1999

The Most Aggravated And Least Mitigated Murders: Capital Proportionality Review In Florida, Ken Driggs

St. Thomas Law Review

In this article I will briefly discuss the evolution of death penalty law after Furman v. Georgia, including the three statutory models that nearly every death penalty state has adopted. Part of this evolution was the development of proportionality review. I will then discuss Florida's "weighing" statute and how proportionality fits into that. Then I will discuss the specifics of the Florida Supreme Court's approach to proportionality review in death penalty direct appeals. I will elaborate on how the Supreme Court has considered commonly encountered, broad factual situations in death sentences. I will briefly discuss a recent amendment to Article …

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Juvenile Curfew Challenges In The Federal Courts: A Constitutional Conundrum Over The (Less Than) Fundamental Rights Of Minors', Charles W. Gerdes Jan 1999

Juvenile Curfew Challenges In The Federal Courts: A Constitutional Conundrum Over The (Less Than) Fundamental Rights Of Minors', Charles W. Gerdes

St. Thomas Law Review

The purpose of this Comment is to examine the inconsistency of analytical methodology that has been employed in the federal courts to determine whether the fundamental rights of minors are coextensive with those of adults in a given regulatory scheme. Specifically, the Comment focuses on this analysis in the context of juvenile curfew ordinance challenges. Further, the Comment proposes a substantive analytical methodology that implements the instruction of Supreme Court precedent in the realm of minors' constitutional rights. To achieve this purpose, the Comment necessarily investigates Supreme Court decisions analyzing the coextensive nature of a minor's fundamental rights. In some …

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Clash Of Power And Jurisdiction: The United States Supreme Court V. The International Court Of Justice, Charles B. Radlauer Jan 1999

Clash Of Power And Jurisdiction: The United States Supreme Court V. The International Court Of Justice, Charles B. Radlauer

St. Thomas Law Review

In Breard v. Greene, the Supreme Court of the United States ignored an order of the International Court of Justice ("ICJ") requesting a temporary stay of execution. In so doing, the Court may have violated Article 94 of the United Nations Charter, a duly ratified treaty of the United States, which requires the United States to abide by decisions of the ICJ. This case arose in federal court on a writ of habeas corpus on appeal from a state court conviction of attempted rape and murder in Virginia. After the writ of habeas corpus was denied in both the district …

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Zoning In Florida Under The Religious Freedom Restoration Acts: What City Officials Should Watch Out For In Defending Their Ordinances Against Freedom Of Religion Claims, Steven D. Ginsburg, Natalie J. Carlos Jan 1999

Zoning In Florida Under The Religious Freedom Restoration Acts: What City Officials Should Watch Out For In Defending Their Ordinances Against Freedom Of Religion Claims, Steven D. Ginsburg, Natalie J. Carlos

St. Thomas Law Review

Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, stated: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic." Today we revisit this theme in the context of a religious organization's right to build its houses of worship in neighborhoods whose elected representatives have determined are inappropriate locations for churches and synagogues. Does a religion have the right to disregard general zoning laws of neutral application, claiming its beliefs are in conflict and burdened, and asserting they have a superior right to …

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Incompetence In The Brain Injured Individual, D. Michael Bitz, Jean S. Bitz Jan 1999

Incompetence In The Brain Injured Individual, D. Michael Bitz, Jean S. Bitz

St. Thomas Law Review

We will initially address the historic acceptance of scientific propositions by the law as they relate to sanity. Insanity is one of the earliest forms of incompetence addressed by the criminal justice system. The current treatment of the courts with respect to head injuries will be presented. Following, there will be an explanation of the philosophical demand for an independent mens rea to sanction punishment. This will be tied to the relationship between head injuries and crime. Specifically, how a form of injury directly affects an individual's ability to make competent decisions while appearing outwardly normal. The legal implications of …

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Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner Jan 1999

Statutes With Four Legs To Stand On? An Examination Of "Cruelty To Police Dog" Laws, Craig Ian Scheiner

Animal Law Review

Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. …

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Independent Counsel Law Improvements For The Next Five Years, John Q. Barrett Jan 1999

Independent Counsel Law Improvements For The Next Five Years, John Q. Barrett

Faculty Publications

This Article is adapted from remarks made in New Orleans on January 8, 1999, as part of an Association of American Law Schools (AALS) Administrative Law Section panel discussion entitled, "Separation of Powers Revisited: Should the Independent Counsel Law Be Renewed?" Our topic is "Should the Independent Counsel Law Be Renewed?" and my answer is, "Not exactly." I will not be, in other words, defending the status quo. Indeed, the empty chair you see here on the dais nicely contains the only "defender" of the status quo of whom I know. What I would like to do is remind us …

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Neonaticide: Less Than Murder?, James J. Dvorak Nov 1998

Neonaticide: Less Than Murder?, James J. Dvorak

Northern Illinois University Law Review

This comment examines the crime of infanticide. The comment includes a brief history of infanticide and an explanation of how the crime is treated in common law countries. A comparison of the United States and other common law countries leads the author to suggest that the United States should adopt an infanticide statute similar to that of other common law countries.

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Broadly Speaking - October 16, 1998, Nova Southeastern University Oct 1998

Broadly Speaking - October 16, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons Oct 1998

Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons

Scholarly Works

No abstract provided.

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Broadly Speaking - August 24, 1998, Nova Southeastern University Aug 1998

Broadly Speaking - August 24, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

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School Of Law Commencement: May 9, 1998, University Of North Dakota May 1998

School Of Law Commencement: May 9, 1998, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 9, 1998.

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The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor May 1998

The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor

International Bulletin of Political Psychology

This article describes the problematic nature of child molestation for the rule of law.

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No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson May 1998

No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson

Northern Illinois University Law Review

This comment examines the progression of involuntary civil commitment statutes for repeat sex offenders beginning in the 1930's and moving into the 1990's in terms of statutory changes and improvements. This comment also illustrates why these involuntary commitment statutes are the best solution to curb sexual predation with an eye towards the ultimate protection of the public. Finally, this comment stresses the need for a uniform act designed to incorporate those aspects of the currently existing sex predator statutes which best protect the community from repeat sex offenders.

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