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Full-Text Articles in Law

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh Jan 2021

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.


Law Professor's Sabbatical In District Attorney's Office, Bobby Marzine Harges Mar 2016

Law Professor's Sabbatical In District Attorney's Office, Bobby Marzine Harges

Touro Law Review

No abstract provided.


Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John L. Hughes Iii Mar 2014

Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John L. Hughes Iii

University of Massachusetts Law Review

As the use of social media increases and becomes an integral part of nearly every student's life, problems arise when student expression on these sites turns into threats against the school or other students, implicating both student safety and the speaker's right to free speech. Facing a lack of Supreme Court precedent, school officials need guidance on whether and how to take action when a student makes threats on social network - how to prevent any danger at school while respecting the student's right to free speech. This note develops an approach that combines the Supreme Court's Watts "true threat" …


Intimate Terrorism And Technology: There's An App For That, Justine A. Dunlap Mar 2014

Intimate Terrorism And Technology: There's An App For That, Justine A. Dunlap

University of Massachusetts Law Review

Technology enhances the ability of the domestic violence prepetrator. It also holds the promise of assisting domestic violence survivors in their quest for safety. This is true in practical, daily ways and is becoming increasingly true in the legal treatment of these cases. Perpetrators can use technology to stalk and find their victims; survivors can use it to access necessary information to get away from their batterers. Laws are being amended to take into account cyber-enhanced domestic violence techniques. Domestic or intimate terrorists are among the class of criminals targeted for use of GPS monitoring. This article discusses the way …


Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz Jan 2013

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Texas Needs More Drug Courts., Bryan S. Oathout Sep 2005

Texas Needs More Drug Courts., Bryan S. Oathout

The Scholar: St. Mary's Law Review on Race and Social Justice

Drug courts are the nation’s newest legal development in the war on drugs. These courts attempt to stop drug abuse through a treatment-based alternative court which focuses on an offender’s addiction and decluttering the courts. The main goal of drug courts is rehabilitation, not punishment. Drug courts help diminish the cost of putting drug-abusing offenders into our criminal justice system which causes prison and jail overcrowding. Fighting drug abuse also drains our economic resources. Since the implementation of drug courts in 1989, over seventy percent of drug-abusing offenders have either successfully completed the drug court program or are still participating …


Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine Jul 1996

Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine

Journal of Dispute Resolution

It has long been assumed that the Constitution prohibited the United States government from entering binding arbitration as a party. The Department of Justice recently re-examined the issue and concluded that there is no absolute constitutional bar to government participation in binding arbitration.' Tenaska is the first reported court decision to adopt the Department of Justice's new reasoning. The court in Tenaska Washington Partners II v. The United States held that a dispute between a private party and a governmental agency must be submitted to binding arbitration when the parties' voluntary agreement contains an arbitration clause.'


Constitutional Citizenship, Paul Brest Jan 1985

Constitutional Citizenship, Paul Brest

Cleveland State Law Review

Our practices for determining issues of public morality are deeply flawed. We rely too heavily on the Supreme Court of the United States to determine them for us. We give too much responsibility to the Court, and too little to other institutions; we evade our own responsibility as citizens in a democratic polity. The problem is not that too many issues are "constitutionalized," for many of our most important public moral issues are quite properly treated as constitutional questions. The problem, rather, is that we assume that only the Court is authorized to decide, or is capable of deciding, constitutional …


Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen Jan 1978

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

No abstract provided.


Credibility Impeachment By Prior Conviction, Timothy V. Barnhar Nov 1971

Credibility Impeachment By Prior Conviction, Timothy V. Barnhar

Missouri Law Review

The adversary system of adjudication is one of the major cornerstones of the Anglo-American system of justice. One of the most striking characteristics of this adversary system is the right of counsel to impeach the credibility of the opponent's witnesses. The purpose of this is to suggest to the trier of fact that the witness's testimony is not worthy of belief. Exposing a witness's prior convictions of offenses against society is one of the most commonly used methods of impeachment. Such a practice is specifically authorized in Missouri by a statute which provides: Any person who has been convicted of …