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Full-Text Articles in Law

La Cultura Del Narcotráfico Y Las Secuelas En Nuestra Sociedad., Rafael Angel Gomez Betancur Nov 2002

La Cultura Del Narcotráfico Y Las Secuelas En Nuestra Sociedad., Rafael Angel Gomez Betancur

Rafael Angel Gómez Betancur

La cultura del narcotráfico nos dejó como mensaje, el enriquecimiento fácil y despertó el apetito desordenado y voraz por las riquezas.


7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon Oct 2002

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon

Thomas D. Lyon

State v. Sloan (1995 [Mo. Ct. App.]) was a criminal case of child sexual abuse. AD., the 6-year-old alleged victim, was dropped off on Friday by her mother at her grandmother's house, where the child's aunt Evelyn and the defendant also resided. Two days later, on Sunday, the child's aunt Anita phoned the child's mother and told her that something was wrong. AD. then told her mother that the defendant had sexually assaulted her the day before. The mother called the child abuse hot line. On Thursday, 5 days after the alleged abuse, a social worker and a police detective …


Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn Sep 2002

Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn

Michael E Lewyn

This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The article concludes that the program is constitutional under current precedent, and that (contrary to claims made by UGB critics) there is little evidence that the UGB has caused Oregon's runup in housing prices. On the other hand, UGB supporters may have exaggerated the UGB's positive environmental results.


Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia Sep 2002

Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia

Max Garcia Sanchez

No abstract provided.


6. Child Witnesses And The Oath., Thomas D. Lyon Aug 2002

6. Child Witnesses And The Oath., Thomas D. Lyon

Thomas D. Lyon

Despite the liberalization of competency requirements for child witnesses in many countries (Spencer & Flin, 1993; Youth Justice and Criminal Evidence Act, 1999, s. 53 [Engl.]), a substantial number of courts in the United States and other countries require that every witness take the oath or make some sort of affirmation that s/he will tell the truth (Federal Rules of Evidence 602,2001;Shrimpton, Oates, & Hayes, 1996).In order to guarantee that an oath or affirmation is understood by child witnesses, courts routinely inquire into children's understanding of the difference between the truth and lies and their obligation to tell the truth …


5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon May 2002

5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon

Thomas D. Lyon

Roland Summit's article on child sexual abuse accommodation (CSAA)(Summit, 1983) describes sexually abused children's secrecy, helplessness, entrapment, delayed disclosure, and retraction. The paper is both admired and maligned. On the one hand, it has been hailed as one of the most influential papers ever written on child abuse (Oates & Donnelly, 1997). On the other hand, testimony on accommodation is often dismissed as dangerous pseudoscience" by both commentators and the courts (Summit, 1992).


Adverse Juvenile Sex Ratio In Kerala By Vibhuti Patel, Professor Vibhuti Patel May 2002

Adverse Juvenile Sex Ratio In Kerala By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Census 2001 has revealed a deterioration in the juvenile malefemale sex ratio in Kerala. Hospital birth records can help establish sex ratios at birth and thus the prevalence of female foeticide. However, civil society and the state will need to pitch in to check the misuse of technology for female foeticide in Kerala


State Repression: Behind The Mask Of Democracy ..., Ashok Agrwaal May 2002

State Repression: Behind The Mask Of Democracy ..., Ashok Agrwaal

Ashok Agrwaal

There has never been a satisfactory solution to the problem of handling / controlling political power, albeit the liberal claim that theirs is the best of the possible solutions known to human history. Notwithstanding the rhetoric justifying the creation and evolution of the modern nation-state, which focuses on its potential – through the ‘Rule of Law’ – to be more just and egalitarian than any other system of organised political power, there is overwhelming empirical evidence to show that things have not changed very much. States continue to repress their citizens in all manner of ways. The difference being that, …


4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon Jan 2002

4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon

Thomas D. Lyon

What do we know about children's abilities to provide eyewitness testimony? Until recently, scientific data wee surprisingly sparse.  However, beginning in the mid-1980s, the study of child victims/witnesses grew at an astounding rate; now it is a worldwide endeavor. When Melton (1981) published one of the first modern reviews of psychological research on children's testimony, only one contemporary empirical study directly dressing children's eyewitness memory was cited. Today, entire books and journal issues are devoted to research on this topic (e.g., Ceci & Bruck, 1995; Dent & Flin, 1992; Goodman, 1984; Goodman & Bottoms, 1993; Perry & Wrightsman, 1991; Poole …


The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds Jan 2002

The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds

Noel B Reynolds

This brief radio address attempts to explain the origins of American liberty and to assess its health at the beginning of the 21st century. The notion of rule of law and the emerging science of constitutionalism enabled America’s founding generation to establish a system of political liberty that continues to stand as a model for all human societies to pursue.


Equity And Efficiency In Markets For Ideas, Richard Adelstein Dec 2001

Equity And Efficiency In Markets For Ideas, Richard Adelstein

Richard Adelstein

Intellectual property and patent protection in light of the AIDS crisis in Africa.


Scholar Or Baller In American Higher Education? A Visual Elicitation And Qualitative Assessment Of The Studentathlete's Mindset, Keith Harrison Dec 2001

Scholar Or Baller In American Higher Education? A Visual Elicitation And Qualitative Assessment Of The Studentathlete's Mindset, Keith Harrison

Dr. C. Keith Harrison

Eminent scholar Harry Edwards (2000) has articulated three major realities of African American males in sports: a) The presumption of innate, race-linked black athletic superiority and intellectual deficiency; b) media propaganda portraying sports as a broadly accessible route to African American social and economic mobility; and c) a lack of comparably visible, high-prestige African American role models beyond the sports arena. Driven by labeling theory (Becker, 1963; Goffman, 1959), eight African American male student athletes were surveyed and interviewed. The last two points of Edwards' scholarship were investigated. "We have pretty good historical data and quantitative data about African American …


African American Racial Identity And Sport, Keith Harrison Dec 2001

African American Racial Identity And Sport, Keith Harrison

Dr. C. Keith Harrison

The purpose of this paper is to attempt to synthesize and apply African American racial identity theory and related research to the development of sport and physical activity patterns and preferences in African American youth. Historically the African American over-representation in particular sports phenomena has been examined genetically, anthropocentrically, physiologically, sociologically, and psychologically. The profusion of explanations is a testimony to the complexity of this phenomena. This manuscript provides yet another compelling perspective. Cross [(1995) The psychology of Nigrescence: revising the Cross Model, in: J.G. PONTEROTTO et al. (Eds) Handbook of Multicultural Counseling (Thousand Oaks, CA, Sage)] outlines the metamorphic …


Who Can A Baller Trust? Analyzing Public University Response To Alleged Student-Athlete Misconduct In A Commercial And Confusing Environment, Keith Harrison Dec 2001

Who Can A Baller Trust? Analyzing Public University Response To Alleged Student-Athlete Misconduct In A Commercial And Confusing Environment, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


James Heckman As A Law & Society Scholar: An Outsider’S Appreciation, Peter Siegelman Dec 2001

James Heckman As A Law & Society Scholar: An Outsider’S Appreciation, Peter Siegelman

Peter Siegelman

No abstract provided.


September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer Dec 2001

September 11 Attacks And Surviving Same-Sex Partners: Defining Family Through Tragedy, Nancy J. Knauer

Nancy J. Knauer

The September 11 relief efforts present a unique prism through which to view the status of same-sex relationships and to consider which families count when the United States is supposedly at its most generous, most united, and most injured. On a basic human level, would the nation grieve for Peggy Neff, who lost her partner of 18 years when Flight 77 crashed into the Pentagon, as it had for the widow of a fire fighter? Would Neff be eligible to file a claim with the multi-billion dollar federal September 11 Victim Compensation Fund, which Congress established to compensate victims and …


Legal Theory And The Rule Of Law, Noel B. Reynolds Dec 2001

Legal Theory And The Rule Of Law, Noel B. Reynolds

Noel B Reynolds

In "Legal Theory and the Rule of Law" Noel Reynolds maintains that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this …


Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet Dec 2001

Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Constitutional Courts And Parliamentary Democracy (Special Issue On Delegation), Alec Stone Sweet Dec 2001

Constitutional Courts And Parliamentary Democracy (Special Issue On Delegation), Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Stopping Above-Cost Predatory Pricing, Aaron S. Edlin Dec 2001

Stopping Above-Cost Predatory Pricing, Aaron S. Edlin

Aaron Edlin

Since 1993 when the Supreme Court decided Brooke Group, no predatory pricing plaintiff has prevailed in a final determination in the federal courts. This decision was the ultimate triumph of the Chicago School antitrust scholars and judges like Frank Easterbrook, who have argued that predation is like dragons and that there is no sufficient reason for antitrust law or the courts to take it seriously. This article argues, however, that the Court's reading of the law is unduly narrow and should be revisited. There is no compelling reason to restrict predation cases to below-cost pricing, as above-cost pricing can also …


3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon Dec 2001

3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon

Thomas D. Lyon

When children are asked to describe what they have seen, heard, or experienced,they bring their limitations along with their capabilities to the task. Adults who rely on children's answers must come to grips with theimperfections and inadequacies, as well as the merits and utility, of children'sreports. Some research findings appear to condemn children's re...ports, others champion their competencies. One way to understand thisinconsistency is to align the studies along a continuum.


5. Support Persons And The Child Witness., Thomas D. Lyon Dec 2001

5. Support Persons And The Child Witness., Thomas D. Lyon

Thomas D. Lyon

American trial courts often rule on motions that children testify in court accompanied by a support· person. Unfortunately, the potential impact of providing a child witness with a support person has not been thoroughly researched.


6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon Dec 2001

6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon

Thomas D. Lyon

One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children’s testimony and the admissibility of children’s out-of-court statements. In psychology, experimental psychologists are amassing evidence of the potential unreliability of children’s memory reports. The trends intersect when courts assess the reliability of children’s statements in order to evaluate the competency of child witnesses, to decide whether to admit expert testimony about the suggestibility of children, and to decide whether to admit children’s hearsay.


No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt Dec 2001

No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt

Lisa R Pruitt

Although there have long been black lawyers in South Africa, during apartheid only a handful joined the ranks of the country’s large commercial firms. Now, in the post-apartheid period, these firms are keenly aware of a range of economic and political incentives to hire black attorneys, and most are doing so at a record pace. Very few black attorneys, however, are enduring the path to partnership in these firms. Based on more than seventy-five interviews conducted in South Africa in 1999 and 2000, this Article both documents and critically examines the reasons for black attrition. While firms’ incentives to integrate …


Planning And Assessing A Short-Term Study Abroad Program For Undergraduate Students Of Marketing And Business, Ronald Paugh, Amy Kruse, Oscar T. Mcknight Dec 2001

Planning And Assessing A Short-Term Study Abroad Program For Undergraduate Students Of Marketing And Business, Ronald Paugh, Amy Kruse, Oscar T. Mcknight

Oscar T McKnight Ph.D.

Faced with intense global competition, marketing practitioners are requiring business schools to equip students with the requisite international skills and competencies. The authors describe a short-term study abroad program rooted in an experimental learning context using outcomes-based education as a method of assessment for continuous improvement initiatives


The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla W. Jackson Dec 2001

The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla W. Jackson

Darla W. Jackson

No abstract provided.


What Do Family Mediators Do? A Look At Practices And Models, Sherrill W. Hayes Dec 2001

What Do Family Mediators Do? A Look At Practices And Models, Sherrill W. Hayes

Sherrill W. Hayes

No abstract provided.


Richard Riordan And Los Angeles Charter Reform.Pdf, Matthew J. Parlow Dec 2001

Richard Riordan And Los Angeles Charter Reform.Pdf, Matthew J. Parlow

Matthew Parlow

When the new City Charter took effect on July 1, 2000, Los Angeles cast aside a seventy-five year old governing structure in favor of a streamlined system more reflective of the political realities of a twenty-first century metropolis. It was in many ways a typical Los Angeles moment. Dissatisfied with a municipal institution designed for another age, voters looked to the future and embraced sweeping changes in the fundamental operations of the city. Fully sixty percent of voters rejected a venerable but outdated document and chose a new but unproven one. More importantly, voters opted for legislation that reflected the …