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Articles 11911 - 11940 of 14190

Full-Text Articles in Law

Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh Jan 1998

Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh

St. Mary's Law Journal

When the State of Texas seeks the death penalty against a defendant, the trial court conducts a sentencing proceeding under Article 37.071 of the Texas Code of Criminal Procedure. This proceeding determines whether the defendant will receive the death penalty. During deliberation, the jury must consider all mitigating evidence. The defendant may claim his voluntary intoxication as a mitigating factor. Under Tex. Pen. Code § 8.04(b), the court instructs the jury to consider evidence of voluntary intoxication only if it rendered the defendant temporarily insane. Although Article 37.071 calls upon juries to consider “all” mitigating evidence, a Section 8.04 instruction …

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The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy Jan 1998

The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy

St. Mary's Law Journal

Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …

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The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg Jan 1998

The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg

St. Mary's Law Journal

The Remote Electronically Activated Control Technology (REACT) belt infringes upon criminal defendants’ and prisoners’ fundamental rights; therefore, it cannot withstand judicial scrutiny under the United States and Texas Constitutions. This Comment attempts to address and answer issues regarding the REACT belt. The belt constitutes cruel and unusual punishment with the potential to deprive prisoners of their due process rights. The belt disrupts attorney-client communication and destroys a criminal defendant’s presumption of innocence. Furthermore, other alternatives provide effective means to prevent unruly prisoners from destroying the integrity of the courts. Part II of this Comment discusses how the belt works, and …

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The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan Jan 1998

The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan

Faculty Scholarship

This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.

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College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim Jan 1998

College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim

Michigan Journal of Race and Law

A review of The Shape of the River: Long Term Consequences of Considering Race in College and University Admissions by Derek Bok & William Bowen

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Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law Jan 1998

Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Statements on affirmative action followed by the Asian Pacific American Law Students Association Symposium.

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Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau Jan 1998

Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau

Michigan Journal of Race and Law

The Gracias al Sacar, a fascinating and seemingly inconceivable practice in eighteenth century colonial Venezuela, allowed certain individuals of mixed Black and White ancestry to purchase "Whiteness" from their King. The author exposes the irony of this system, developed in a society obsessed with "natural" ordering that labeled individuals according to their precise racial ancestry. While recognizing that the Gracias al Sacar provided opportunities for advancement and an avenue for material and social struggle, the author argues that it also justified the persistence of racial hierarchy. The Article concludes that the Gracias al Sacar, along with their present-day …

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Introductory Remarks: Reflections On Privatization In Higher Education, John V. Lombardi Jan 1998

Introductory Remarks: Reflections On Privatization In Higher Education, John V. Lombardi

University of Florida Journal of Law & Public Policy

No abstract provided.

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Gratis Dictum! The Limits Of Academic Free Speech On The Internet, Ray August Jan 1998

Gratis Dictum! The Limits Of Academic Free Speech On The Internet, Ray August

University of Florida Journal of Law & Public Policy

This article is about the right of university professors to exercise their academic freedom to speak out and to teach in a new forum: the Internet. Although the Internet is a new forum, this article will attempt to show that the same basic rights and duties that apply to professors in the classroom and in the academic media apply to professors speaking out on the Internet. Part I sets the stage with a very brief history of the Internet. Part II examines the principal cases dealing with academic free speech as they relate to the Internet. Most of these cases …

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Private Publics, Public Privates: An Essay On Convergence In Higher Education, Richard A. Matasar Jan 1998

Private Publics, Public Privates: An Essay On Convergence In Higher Education, Richard A. Matasar

University of Florida Journal of Law & Public Policy

Once upon a time, not too long ago, we understood social organization. Parents ran their families. The principal governed the local school with an iron fist and a velvet glove; the school board controlled the principal. People turned to religious leaders for guidance and respected their views. We knew that the President had a private life, but did not find it necessary to read daily press speculations about that life. Greedy bosses exploited professional athletes, studios extracted life-time servitude from performers, and the three television networks controlled access to popular information and entertainment. Every social institution discriminated against women and …

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Who Is An "Otherwise Qualified" Law Student? A Need For Law Schools To Develop Technical Standards, J. Patrick Shannon Jan 1998

Who Is An "Otherwise Qualified" Law Student? A Need For Law Schools To Develop Technical Standards, J. Patrick Shannon

University of Florida Journal of Law & Public Policy

An increasing number of prospective and current law students are seeking disability-related accommodations under the Americans with Disabilities Act of 1990 (ADA). Various accommodation requests include: extended time on exams (time-and-a-half, double-time, quadruple-time, or no time limit), modification of exams from essay to short-answer, individual testing rooms, modification of all exam from closed-book to open-book, large print exams, the presence of service animals for the sight-impaired and for those with stress disorders, audio/visual recordings of lectures, notetakers, no deadlines for papers, no in-class exercises, not being called upon to respond in class, a stand-up desk on which to write, special …

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The First Amendment Threat To Academic Tenure, Daniel E. Hall Jan 1998

The First Amendment Threat To Academic Tenure, Daniel E. Hall

University of Florida Journal of Law & Public Policy

Many people have questioned the need for academic tenure. Both higher education literature and the popular press are filled with articles concerning the subject. The article addresses whether tenure continues to be needed as we move into the new millennium. Specifically, the argument that contemporary First Amendment protections make tenure superfluous is examined. Part I describes the history of tenure. The purpose of tenure is examined in part II. Part III examines the law of tenure. Part IV identifies the First Amendment argument in opposition to tenure. In part V the reasons the First Amendment does not obviate the need …

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The Decline And Fall Of The Wall Of Separation Between Church And State And Its Consequences For The Funding Of Public And Private Institutions Of Higher Education, F. King Alexander Jan 1998

The Decline And Fall Of The Wall Of Separation Between Church And State And Its Consequences For The Funding Of Public And Private Institutions Of Higher Education, F. King Alexander

University of Florida Journal of Law & Public Policy

This article summarizes the evolution of judicial thought concerning the funding of higher education as it pertains to the constitutional concept of separation between church and state. The fiscal consequences of the decline and fall of this wall of separation, as government has increasingly aided private higher education with public resources, are explored. The article notes the ineffectiveness of government student aid policies in providing lower-income students with meaningful choice in pursuing higher education opportunities. The findings presented in this article are not important to higher education alone, but also indicate the probable effects of government funding schemes that aid …

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Juvenile Justice Under Attack: An Analysis Of The Causes And Impact Of Recent Reforms, Donna M. Bishop, Lonn Lanza-Kaduce, Charles E. Frazier Jan 1998

Juvenile Justice Under Attack: An Analysis Of The Causes And Impact Of Recent Reforms, Donna M. Bishop, Lonn Lanza-Kaduce, Charles E. Frazier

University of Florida Journal of Law & Public Policy

The juvenile justice system is currently under attack on two broad fronts. First, legal experts and commentators are providing stinging critiques of the system’s failure to protect the liberty and due process interests of juveniles. Second, legislators throughout the country are supporting more and more legislation designed to “get tough” on juvenile crime. In combination, these criticisms and reforms advance the “recriminalization” of juvenile offenders. Juvenile offenders are increasingly subject to adult standards of culpability and punishment. Most of this change in the way we think about and officially respond to juvenile crime has proceeded without a discussion of the …

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The Media In The New Millennium: Exploring Myths And Misconceptions Before Shooting The Messenger, Sandra F. Chance Jan 1998

The Media In The New Millennium: Exploring Myths And Misconceptions Before Shooting The Messenger, Sandra F. Chance

University of Florida Journal of Law & Public Policy

The press has a crisis of credibility. May believe that the media increasingly violate basic standards of fairness, accuracy, objectivity, and respect for privacy in the rush to profit from sensationalizing sex, scandal, and violence. Criticism often turns into media bashing, as it has become almost derigueur to blame the media for all of society’s ills. Some of the bashing is deserved. Much of it is not. The entire industry is often blamed for the excesses of a few. And, there is a widespread temptation to shoot the messenger who brings the bad news.

Often, this underserved criticism flows from …

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Union Dues And Politics: Workers Speak Out Against Unions Speaking For Them, R. Bradley Adams Jan 1998

Union Dues And Politics: Workers Speak Out Against Unions Speaking For Them, R. Bradley Adams

University of Florida Journal of Law & Public Policy

The purpose of this note is to examine the current movement towards implementing legislation that would require unions to obtain workers’ consent prior to using their compulsory dues and fees for political purposes. Part II is devoted to framing the major developments in the law that have roughly defined the limits of unions’ use of compulsory dues for political purposes. Part III provides an analysis of relevant U.S. Supreme Court cases and emphasizes First Amendment questions surrounding union expenditures of compulsory union dues and fees. Part IV addresses the movement in some states to require unions to obtain affirmative consent …

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Speaking Freely About Reducing Violence Against Women: A Harm Reduction Strategy From The Law And Social Science Of Pornography, Michelle Chernikoff Anderson Jan 1998

Speaking Freely About Reducing Violence Against Women: A Harm Reduction Strategy From The Law And Social Science Of Pornography, Michelle Chernikoff Anderson

University of Florida Journal of Law & Public Policy

This article exposes legal scholars to the research essential to establishing support for an education policy that would inoculate our children against the potentially harmful effects of consuming media that promote violence against girls and women. It argues that Dworkin-MacKinnonites, concerned about pornography, and civil libertarians, concerned about free speech, should waste neither more time nor more ink debating this issue. Rather, it is time to dedicate our efforts to creating and implementing a harm reduction educational approach to protect our children against pornography.

Part II defines the terminology used throughout the article. Part III outlines the failures of current …

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Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn Jan 1998

Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn

UF Law Faculty Publications

Remarks from Professor Kenneth B. Nunn at the Ray Rushton Distinguished Lecture Series at the Cumberland School of Law on April 24, 1998.

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Building Bridges Iii - Personal Narratives, Incoherent Paradigms, And Plural Citizens, Berta E. Hernández-Truyol Jan 1998

Building Bridges Iii - Personal Narratives, Incoherent Paradigms, And Plural Citizens, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay, in three parts, explores bridge building among communities of color with the purposes of creating, maintaining, and developing alliances. The first part, Personal Narratives, shares with readers some cuentos (stories) as a method and path in which to position the lectors: to contextualize my frontiers and familiarize them with my daily travels through diverse and varied borderlands; the many communities with which I intersect and interact, and in which I live- all of them my communities; and in all of which I am both insider and outsider. Part II, Incoherent Paradigms, suggests that the prevailing race-based legal paradigms …

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Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias Jan 1998

Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias

Articles

No abstract provided.

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Evaluating The Case For Social Security Reform: Elderly Poverty, Paternalism And Private Pensions, Maria O'Brien Jan 1998

Evaluating The Case For Social Security Reform: Elderly Poverty, Paternalism And Private Pensions, Maria O'Brien

Faculty Scholarship

This Article considers the many arguments currently being made in favor of Social Security pension reform and evaluates each of them in terms of the principal Congressional goal of the program-the elimination of elderly poverty-as well as more recent goals that have been articulated by subsequent commentators such as a reduction in government paternalism and the maximization of retirement income. The Article begins with a short history of the public pension program in the United States and considers at length the details of the various reform proposals that currently enjoy support. In addition it examines the enormously regressive tax structure …

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The Sps Agreement Of The World Trade Organization And International Organizations: The Roles Of The Codex Alimentarius Commission, The International Plant Protection Convention, And The International Office Of Epizootics, Terence P. Stewart, David S. Johanson Jan 1998

The Sps Agreement Of The World Trade Organization And International Organizations: The Roles Of The Codex Alimentarius Commission, The International Plant Protection Convention, And The International Office Of Epizootics, Terence P. Stewart, David S. Johanson

Syracuse Journal of International Law and Commerce

The proper fanctioning of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) of the World Trade Organization (WTO) depends in part upon three international organizations, the Codex Alimentarius Commission (Codex), the International Plant Protection Convention (IPPC), and the International Office of Epizootics (OIE). The SPS Agreement states that the sanitary and phytosanitary (SPS) standards of these organizations are the benchmark international standards for WTO members, and recent WTO decisions demonstrate the importance of international standards in the settlement of WTO disputes involving SPS measures. The Codex, IPPC, and OIE also provide valuable services that benefit the …

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Book Review, Henry H. Perritt Jr. Jan 1998

Book Review, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

Book Review: Richard Haas, The Reluctant Sheriff: The United States After the Cold War, New York, Council on Foreign Relations (1997)

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A Dynasty Weaned From Biotechnology: The Emerging Face Of China Jan 1998

A Dynasty Weaned From Biotechnology: The Emerging Face Of China

Syracuse Journal of International Law and Commerce

No abstract provided.

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Women And Children In The Economy: Reflections From The Income Tax System, Faye Woodman Jan 1998

Women And Children In The Economy: Reflections From The Income Tax System, Faye Woodman

Articles, Book Chapters, & Popular Press

I have been asked to speak on “women and economics” with specific reference to the Canadian tax system. It is my thesis that the economic vulnerabilities of women and children in this nation are reflected and reinforced in the tax system. Further, it is my view that societal attitudes about who should support, and how we should support, children contribute to a complex synergy within the economic/tax system. This has the potential to produce a new underclass of government dependents who are dependent because, paradoxically, they receive so little support. Finally, I end with a plea for a broader commitment …

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“To Learn And Make Respectable Hereafter:” The Litchfield Law School In Cultural Context, Andrew Siegel Jan 1998

“To Learn And Make Respectable Hereafter:” The Litchfield Law School In Cultural Context, Andrew Siegel

Faculty Articles

This article details the historical moment in which the Law School emerged, sketching both the political and social structure of colonial Connecticut and the multifaceted crisis facing that state's leaders in the late eighteenth and early nineteenth centuries. It describes the response of Litchfield's elite to this unfolding crisis, focusing in detail on the innovative institutions they founded and nurtured during this period, including the Law School and the Litchfield Female Academy. The article then attempts to place the Law School in historical and cultural context, providing, sequentially, an exploration of the social vision propounded in its classroom, a brief …

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Clint Eastwood And Equity: Popular Culture's Theory Of Revenge, William I. Miller Jan 1998

Clint Eastwood And Equity: Popular Culture's Theory Of Revenge, William I. Miller

Book Chapters

Revenge is not a publicly admissible motive for individual action. Church, state, and reason all line up against it. Officially revenge is thus sinful to the theologian, illegal to the prince, and irrational to the economist (it defies the rule of sunk costs). Order and peace depend upon its extirpation; salvation and rational political and economic arrangements on its denial. The official antivengeance discourse has a long history even preceding the Stoics, taken up and elaborated by medieval churchmen and later by the architects of state building.

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Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross Jan 1998

Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross

Articles

Americans' views on capital punishment have stabilized. In 1994, when Professor Phoebe Ellsworth and I published a review of research on death penalty attitudes in the United States,' we began by noting that "support for the death penalty [is] at a near record high."'2 That finding, like most of the others we reported, has not changed. Nonetheless, it is interesting to pause and review the data on public opinion on the death penalty that have accumulated over the past several years. Stability is less dramatic than change but it may be equally important, and there is some news to report. …

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Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog Jan 1998

Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog

Articles

I was sitting, ruefully contemplating the dilemmas of being a commentator, wondering whether I had the effrontery to rise and offer a dreadful confession: the first time I encountered the countermajoritarian difficulty, I didn't bite. I didn't say, "Wow, that's a giant problem." I didn't immediately start casting about for ingenious ways to solve or dissolve it. I just shrugged. Now I don't think that's because my commitments to either democracy or constitutionalism are somehow faulty or suspect. Nor do I think it's that they obviously cohere. It's rather that the framing, "look, these nine unelected characters can strike down …

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Standards Of Review In Texas., W. Wendell Hall Jan 1998

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

This Article presents a substantial and comprehensive update of the standards of review applied by Texas appellate courts. It focuses on appellate standards for reviewing trial court rulings on pretrial, trial, and posttrial proceedings. Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Sometimes a trial court’s errors are so egregious and harmful that reversing the trial court is relatively simple. When the trial court’s error is only marginal …

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