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1999

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Articles 6601 - 6630 of 7801

Full-Text Articles in Law

Juvenile Transfers In Florida: The Worst Of The Worst?, Lonn Lanza-Kaduce, Charles E. Frazier, Donna M. Bishop Jan 1999

Juvenile Transfers In Florida: The Worst Of The Worst?, Lonn Lanza-Kaduce, Charles E. Frazier, Donna M. Bishop

University of Florida Journal of Law & Public Policy

The purpose of this article is to examine what is needed to assess the issues of fairness and effectiveness, which are central to the rationales underpinning transfer policies. We start by considering the adequacy of the data that most often used to learn about transfer. We then report the findings from an in-depth study of local records. This field research illustrates how complex information gathering is on matters relevant to transfer. We then use the more detailed processing information gained from our study of local records to profile transfer cases and assess the comparability between criminal court transfers and their …


Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg Jan 1999

Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg

University of Florida Journal of Law & Public Policy

This article seeks to contribute both to the empirical evaluations of Black’s theory and to the literature on adolescent violence. It bridges these two area by examining the utility of Black’s theory of conflict management for explaining the use of violence in conflict situations between juveniles, an area in which Black’s propositions have not yet been systematically evaluated. The analysis focuses only on violence used to further a robbery, theft, or other predatory crime. Black’s theory is used as a basis for identifying social variables that increase the likelihood of using violence as a conflict management technique. A 1995 data …


Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge Jan 1999

Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge

University of Florida Journal of Law & Public Policy

This article reviews a variety of perspectives that have been applied to the study of the juvenile justice system in more recent years. While not meant as an exhaustive summary of the literature on juvenile justice, this article outlines a number of different frames of reference that have been used in the analysis of policies aimed at chronic, serious and/or violent juveniles offenders, with a particular emphasis on framing the nature of the current controversy and debate. Starting with the social science of 1970s, which supported the “nothing works” doctrine of juvenile offender treatment, this work review and summarizes existing …


A House Divided: The Social And Economic Underdevelopment Of America's Inner Cities, Dash T. Douglas Jan 1999

A House Divided: The Social And Economic Underdevelopment Of America's Inner Cities, Dash T. Douglas

University of Florida Journal of Law & Public Policy

This article attempts to demonstrate the urgent need to reconsider our current social policies and to revitalize government concern over our urban ghettos. Part II provides a historical background on how urban ghettos were formed in the United States. Part III discusses the Kerner Commission’s findings and the recommendations it made to President Lyndon Johnson and the American people. Part IV analyzes the social and economic regression experienced by inner-city communities during the past thirty years. Part V discusses the findings of the Eisenhower Foundation and describes the programs it espouses.

Finally, part VI, outlines recommendations on how the United …


Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick Jan 1999

Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick

University of Florida Journal of Law & Public Policy

No abstract provided.


Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill Jan 1999

Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill

University of Florida Journal of Law & Public Policy

No abstract provided.


The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart Jan 1999

The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart

University of Florida Journal of Law & Public Policy

This article addresses whether this startling new appeal provision in Florida’s Criminal Punishment Code is constitutional: Can the state give itself the right to appeal downward departure sentences but deny the reciprocal right of the defendant to appeal upward departure sentences? Part II of this article sets the background for answering this question by briefly sketching the history of sentencing guidelines in Florida, and how the new appeal provision undermines the wise policy behind those guidelines. Part III then outlines the infirmities of the new appeal provision under the double jeopardy, right-to-appeal, due process, and proportionality provisions of both the …


In Order To Hire The Best Person For The Job, We Have To What?, Brian John Halliday Jan 1999

In Order To Hire The Best Person For The Job, We Have To What?, Brian John Halliday

University of Florida Journal of Law & Public Policy

This Article will examine the numerous claims of U.S. employers that they cannot fill professional-level job openings with home-grown U.S. workers, and the complaints of those who oppose the importation of foreign professional labor. By shedding some light on these broad questions, we should put into proper perspective the motivating elements behind our ever-changing United States immigration laws, separating the valid impetuses from the rhetoric. This should serve to paint a clearer picture of the actual state of affairs affecting our labor needs, and to suggest courses of action designed to stabilize and to correct the U.S. employment-based immigration system. …


Arbitration Law: Jurisprudence Of Uncertainty, Matthew L. Hicks Jan 1999

Arbitration Law: Jurisprudence Of Uncertainty, Matthew L. Hicks

University of Florida Journal of Law & Public Policy

No abstract provided.


Perilous Potholes In The Path Toward Patent Law Harmonization, Kevin Cuenot Jan 1999

Perilous Potholes In The Path Toward Patent Law Harmonization, Kevin Cuenot

University of Florida Journal of Law & Public Policy

This Note will address the public policy issues and the economics involved with changing the United States patent system to a first-to-file system.


Toward A More Utilitarian Juvenile Court System, Rod Smith Jan 1999

Toward A More Utilitarian Juvenile Court System, Rod Smith

University of Florida Journal of Law & Public Policy

No abstract provided.


Privacy And The Internet: Welcome To The Orwellian World, Allegra Knopf Jan 1999

Privacy And The Internet: Welcome To The Orwellian World, Allegra Knopf

University of Florida Journal of Law & Public Policy

This Note explores the current state of federal law applicable to computer communication privacy. Part I discusses the application of the Fourth Amendment to computer privacy concerns. Part II explores the federal wiretap statute and its limitations. Part III concludes with a discussion of how legislation may enhance computer privacy.


Refocusing The Burden Of Proof In Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan Jan 1999

Refocusing The Burden Of Proof In Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan

Faculty Scholarship

No abstract provided.


Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider Jan 1999

Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine Jan 1999

Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Why The Proposal To Legalize Physician-Assisted Suicide In Michigan Failed, Yale Kamisar Jan 1999

Why The Proposal To Legalize Physician-Assisted Suicide In Michigan Failed, Yale Kamisar

Articles

Some commentators and participants in the national debate over physician-assisted suicide (PAS) made much of the fact that in 1997 Oregon voters reaffirmed their support for assisted suicide by a much larger margin than the initial 1994 vote. The state legislature had put the initiative (which had initially passed by a 5149% vote) back on the ballot for an unprecedented second vote. This time the initiative was reaffirmed overwhelmingly, 60-40%. Barbara Coombs Lee, Executive Director of Compassion in Dying (an organization that counsels people considering PAS and one of the plaintiffs in Washington v. Glucksberg, 1997), hailed the second Oregon …


Introduction, Norman Dorsen Jan 1999

Introduction, Norman Dorsen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Art And The Marketplace Of Expression, Marcie A. Hamilton Jan 1999

Art And The Marketplace Of Expression, Marcie A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Voyeurism Value In First Amendment Jurisprudence, Clay Calvert Jan 1999

The Voyeurism Value In First Amendment Jurisprudence, Clay Calvert

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Then Technological Family: What's New And What's Not, Marsha Garrison Jan 1999

Then Technological Family: What's New And What's Not, Marsha Garrison

Faculty Scholarship

No abstract provided.


Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora Jan 1999

Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora

Faculty Scholarship

No abstract provided.


The Case For A European Securities Commission, Roberta S. Karmel Jan 1999

The Case For A European Securities Commission, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Affirmative Action And The First Amendment: The Attainment Of A Diverse Student Body Is A Permissible Exercise Of Institutional Autonomy, Darlene Goring Jan 1999

Affirmative Action And The First Amendment: The Attainment Of A Diverse Student Body Is A Permissible Exercise Of Institutional Autonomy, Darlene Goring

Journal Articles

No abstract provided.


Representation, Mandate, And Agency: A Kommentar On Louisiana's New Law, Wendell H. Holmes, Symeon C. Symeonides Jan 1999

Representation, Mandate, And Agency: A Kommentar On Louisiana's New Law, Wendell H. Holmes, Symeon C. Symeonides

Journal Articles

No abstract provided.


Masthead, Volume 49 Issue 2 (1999) Jan 1999

Masthead, Volume 49 Issue 2 (1999)

Case Western Reserve Law Review

No abstract provided.


For Blacks Only: The Associational Freedoms Of Private Minority Clubs, Shawn M. Larsen Jan 1999

For Blacks Only: The Associational Freedoms Of Private Minority Clubs, Shawn M. Larsen

Case Western Reserve Law Review

No abstract provided.


Volume 49 Issue 3 (1999), Case Western Reserve Law Review Jan 1999

Volume 49 Issue 3 (1999), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 49 Issue 4 (1999) Jan 1999

Masthead, Volume 49 Issue 4 (1999)

Case Western Reserve Law Review

No abstract provided.


Essay: How Should We Talk ?, Jean Bethke Elshtain Jan 1999

Essay: How Should We Talk ?, Jean Bethke Elshtain

Case Western Reserve Law Review

No abstract provided.


Ghosts Of The Holocaust: Holocaust Victim Fine Arts Litigation And A Statutory Application Of The Discovery Rule, Stephan J. Schlegelmilch Jan 1999

Ghosts Of The Holocaust: Holocaust Victim Fine Arts Litigation And A Statutory Application Of The Discovery Rule, Stephan J. Schlegelmilch

Case Western Reserve Law Review

No abstract provided.