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Legal Studies

2003

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Articles 1 - 30 of 77

Full-Text Articles in Law

Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer Nov 2003

Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster Oct 2003

The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster

Buffalo Law Review

No abstract provided.


Reflections On Ranganathan’S Five Laws Of Library Science, Richard Leiter Jul 2003

Reflections On Ranganathan’S Five Laws Of Library Science, Richard Leiter

The Marvin and Virginia Schmid Law Library

This article is adapted from a column that I wrote for Legal Assistant Today in 1996. The column’s audience was legal assistants, some of whom, I discovered over my seven years as a columnist for the publication, had responsibility for managing law firm libraries or library resources in addition to their other duties. So from time to time my column drifted into advice about managing libraries. This particular column came about at a time when I was mentoring some younger librarians and discovered to my surprise that they did not know of Ranganathan’s Five Laws of Library Science ...


Misguided Instructions: Do Jurors Accurately Understand The Law In Death Penalty Trials?, Chasity Anne Stoots-Fonberg May 2003

Misguided Instructions: Do Jurors Accurately Understand The Law In Death Penalty Trials?, Chasity Anne Stoots-Fonberg

Electronic Theses and Dissertations

The Sixth Amendment of the U.S. Constitution guarantees individuals’ right to trial by an impartial jury. However, empirical research indicates that the jury system is flawed, especially regarding judicial sentencing instructions. More specifically, jurors frequently misunderstand or misinterpret State patterned instructions. On a more encouraging note, there is evidence that comprehension of jury instructions can be improved. Thus, this research assessed improvement in juror comprehension using revised sentencing instructions. For the current investigation, participants included 201 volunteers called for jury duty in Western Tennessee. Data were generated via a questionnaire, which allowed for the collection of information relating to ...


But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel Apr 2003

But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel

Journal Articles

No abstract provided.


The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski Apr 2003

The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman Mar 2003

Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The aim of this article is to bring to the attention of the international nursing community the discrepancy between a pervasive ‘caring’ nursing discourse and the most unethical nursing practice in the United States. In this article, we present a duality: the conflict in American prisons between nursing ethics and the killing machinery. The US penal system is a setting in which trained healthcare personnel practices the extermination of life. We look upon the sanitization of death work as an application of healthcare professionals’ skills and knowledge and their appropriation by the state to serve its ends. A review of ...


Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero Mar 2003

Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero

Brigham Young University Journal of Public Law

No abstract provided.


Evolution Of Credit Union Philosophy, Matthew Wilburn King Jan 2003

Evolution Of Credit Union Philosophy, Matthew Wilburn King

Matthew Wilburn King PhD

This paper explores the history and evolution of credit union philosophy. The evolution of credit union philosophy spans nearly 150 years. It’s a story that begins in the middle of 19th century Europe as it was emerging from a long history of feudal relations and tyrannical rule that created “the miserable economic conditions of the period and the realization that people would have to take action themselves if their lives were to improve.”1 The democratic ideals that were so eloquently articulated by classical liberal philosophers such as John Locke and Thomas Hobbes began to be increasingly institutionalized during ...


Enterprises And The Constitution Of The World Economy, Jean-Philippe Robé Jan 2003

Enterprises And The Constitution Of The World Economy, Jean-Philippe Robé

Jean-Philippe Robé

No abstract provided.


Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer Jan 2003

Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer

Nancy J. Knauer

This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on ...


The Press For Help Project Concept, Program And Working Paper Of Emmanuel Mario B Santos And His Marc Guerrero Communications Inc., Emmanuel Mario B. Santos Aka Marc Guerrero Jan 2003

The Press For Help Project Concept, Program And Working Paper Of Emmanuel Mario B Santos And His Marc Guerrero Communications Inc., Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

FORETHOUGHT. DECLARATION OF IDEAOLOGY AND PRINCIPLES. VISION. MISSION. VALUES. GOALS. BASIC HELP project. EDUCATIONAL HELP project. MEDICAL HELP project. LEGAL HELP project. EMERGENCY HELP project. LIVELIHOOD HELP project. SPIRITUAL and CULTURAL HELP project. ENVIRONMENTAL HELP project. REENGINEERING HELP project. INTERNATIONAL HELP project. QUADRO CREDO Matthew 5.1-12, the Jerusalem Bible. The Universal Filipino Beatitudes. SALIN SA FILIPINO. DESIDERATA. AFTERTHOUGHT.


Idolatry Of Land, Georgette C. Phillips Jan 2003

Idolatry Of Land, Georgette C. Phillips

Legal Studies and Business Ethics Papers

In his essay 'Holy Landscape: Israel, Palestine and the American Wilderness',1 W.J.T. Mitchell explores what he terms the 'paradoxical relation between landscape and idolatry'. Defining idolatry as a false god that displaces the true one with a material image, Mitchell contends that extreme Zionism has transformed the landscape of Israel into an idol where the visible and unrepresentable God is made visible and material.2 He asserts that landscape here stands for more than ideology. As an idol it condenses ideology into a potent stereotype for mass consumptionan idolatry of place.3


Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze Jan 2003

Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

A review of:

Hard Choices: Moral Dilemmas in Humanitarian Intervention edited by Jonathan Moore. New York: Rowman & Littlefield, 1999. 322pp.

Humanitarian Intervention: Ethical, Legal, and Political Dilemmas edited by J. L. Holzgrefe and Robert O. Keohane. New York: Cambridge University Press, 2003. 350pp.


Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin Jan 2003

Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin

History Faculty Publications

Nicola Sacco, a skilled shoeworker born in 1891, and Bartolomeo Vanzetti, a fish peddler born in 1888, were arrested on 5 May 1920, for a payroll holdup and murder in South Braintree, Massachusetts. A jury, sitting under Judge Webster Thayer, found the men guilty on 14 July 1921. Sacco and Vanzetti were executed on 23 August 1927 after several appeals and the recommendation of a special advisory commission serving the Massachusetts governor. The execution sparked worldwide protests against repression of Italian Americans, immigrants, labor militancy, and radical political beliefs.


Operation Rescue, Eric S. Yellin Jan 2003

Operation Rescue, Eric S. Yellin

History Faculty Publications

Operation Rescue, founded in 1986, became known as one of the most militant groups opposing a woman’s right to abortion as established in the 1973 Supreme Court case Roe vs. Wade.


Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner Jan 2003

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.


Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas Jan 2003

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

Journal of Criminal Law and Criminology

No abstract provided.


Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong Jan 2003

Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2003

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Racial Profiling And Mandatory Data Collection In Nevada: How Will Law Enforcement Respond?, Gregory M. Roehm Jan 2003

Racial Profiling And Mandatory Data Collection In Nevada: How Will Law Enforcement Respond?, Gregory M. Roehm

UNLV Theses, Dissertations, Professional Papers, and Capstones

Selected Nevada law enforcement officers participated in the mandatory collection of traffic stop data in the calendar year 2002. The requirement was a temporary one-year study mandated by the 2001 Nevada Legislature. The primary objective of this paper is to provide insight into the behavioral response of law enforcement with respect to mandatory data collection. Data for this study was obtained from the use of a self-administered mail survey from law enforcement officers from five of the nine Nevada police agencies required to collect traffic stop data. Responses from 399 Nevada law enforcement officers surveyed (A response rate of 65 ...


Investor Skepticism V. Investor Confidence: Why The New Research Analyst Reforms Will Harm Investors, John L. Orcutt Jan 2003

Investor Skepticism V. Investor Confidence: Why The New Research Analyst Reforms Will Harm Investors, John L. Orcutt

Law Faculty Scholarship

Part I of this Article provides an overview of research analysts and their basic functions, including a discussion of sell-side analysts' role in the market's recent boom and bust. Part II examines the conflicts of interest that have plagued sell-side research, and Part III reviews the Regulatory Actions that are meant to address these conflicts. In Part IV, the author will make the case for encouraging, rather than lessening, investor skepticism in sell-side research and will explain why the Regulatory Actions are not likely to improve the performance of sell-side analysts. Finally, Part V will offer a simpler proposal ...


Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas Jan 2003

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


What Do We Mean By "Judicial Independence"?, Stephen B. Burbank Jan 2003

What Do We Mean By "Judicial Independence"?, Stephen B. Burbank

Faculty Scholarship at Penn Law

In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of ...


Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas Jan 2003

Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Harm, History, And Counterfactuals, Stephen R. Perry Jan 2003

Harm, History, And Counterfactuals, Stephen R. Perry

Faculty Scholarship at Penn Law

No abstract provided.


Preferences And Rational Choice: Introduction, Claire Oakes Finkelstein, Matthew D. Adler, Peter H. Huang Jan 2003

Preferences And Rational Choice: Introduction, Claire Oakes Finkelstein, Matthew D. Adler, Peter H. Huang

Faculty Scholarship at Penn Law

No abstract provided.


A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin Jan 2003

A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin

Graduate Student Theses, Dissertations, and Portfolios

The purpose of this research is to determine if a relationship exists between higher education levels and misconduct allegations for Deputy Sheriffs. Official documentation from 128 internal affairs reports were collected from the Palm Beach County Sheriff's Office. Significant relationships were found to exist between higher education levels and the misconduct allegations. While some college exposure may be beneficial for job performance, a four-year degree may not yield the desired results.


Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin Jan 2003

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Articles by Maurer Faculty

No abstract provided.


Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies Jan 2003

Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies

Articles by Maurer Faculty

No abstract provided.