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Full-Text Articles in Law

Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning Oct 2000

Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning

Dalhousie Law Journal

The author describes the reforms to the prosecution system in Nova Scotia which were recommended by the Marshall Inquiry in its 1989 report, and reviews the extent to which they have been effectively implemented during the ensuing decade. He concludes that many of the objectives originally identified by the Marshall Inquiry in this respect have been substantially met, but that in some areas there is still room for improvement. Finally, he notes the absence of systematic evaluations of prosecutorial institutions and practices in Canadian jurisdictions, and that because of this, it is difficult to say whether the Marshall Inquiry's objectives …


Education Elementary And Secondary Education: Add Certain Provisions Relating To Local School Councils; Change Certain Provisions Relating To Educational Program Effectiveness Assessment Procedures; Add Certain Provisions Related To School Attendance Zone Transfers; Add Certain Provisions Related To Juvenile Court Jurisdiction Over Parents; Change Certain Provisions Related To Teacher Tenure; Add Certain Provisions Relating To The Creation And Operation Of The Education Coordinating Council And The Office Of Education Accountability, Andrew Ordyna Mar 2000

Education Elementary And Secondary Education: Add Certain Provisions Relating To Local School Councils; Change Certain Provisions Relating To Educational Program Effectiveness Assessment Procedures; Add Certain Provisions Related To School Attendance Zone Transfers; Add Certain Provisions Related To Juvenile Court Jurisdiction Over Parents; Change Certain Provisions Related To Teacher Tenure; Add Certain Provisions Relating To The Creation And Operation Of The Education Coordinating Council And The Office Of Education Accountability, Andrew Ordyna

Georgia State University Law Review

The Act, known as the A Plus Education Reform Act of 2000, implements the most sweeping changes within the Georgia educational systems at the pre-kindergarten, elementary, and post-secondary levels since passage of the Quality Basic Education Act of 1985. Within ninety-eight sections, the Act affects areas ranging form the jurisdiction of juvenile courts within the Georgia educational system to the creation of an Educational Coordinating Council and an Office of Education Accountability. During legislative debate, some sections of the Act were more controversial than others. Due to the size of the Act, only those areas that received the most attention …


The Price Of Law: How The Market For Lawyers Distorts The Justice System, Gillian K. Hadfield Feb 2000

The Price Of Law: How The Market For Lawyers Distorts The Justice System, Gillian K. Hadfield

Michigan Law Review

Bill Clinton's legal bills in connection with the Lewinsky scandal topped $10 million; the bill for Ken Starr's investigation of the President exceeded $50 million. The cost to the eight families portrayed in the bestseller A Civil Action for their tort suit against a manufacturing company accused of dumping hazardous chemicals into the water supply was $4.8 million (paid from a settlement of about $8 million); the cost for the defense exceeded $7 million. Lawyers who represented the three states in the nationwide suit by state attorneys general against tobacco companies to recoup smoking-related health care costs were awarded $8.2 …


Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim Jan 2000

Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim

LLM Theses and Essays

As of the end of 1997, 29 of the 132 member countries of the WTO had some form of the antidumping regime in operation. Most of the antidumping measures were taken by developed countries, with the United States leading in the number of measures invocated, which lends support to the criticism that the United States has wielded the antidumping law for the purpose of protecting its noncompetitive domestic industry. Attendant to this criticism, and taking the United States antidumping law as a typical model law embodying the Antidumping Agreement, this thesis first looks at the evolution of antidumping law in …


Canadian Copyright Law In Cyberspace: An Examination Of The Copyright Act In The Context Of The Internet , Jeremy F. De Beer Jan 2000

Canadian Copyright Law In Cyberspace: An Examination Of The Copyright Act In The Context Of The Internet , Jeremy F. De Beer

Jeremy de Beer

This paper considers the application of Canada's Copyright Act to various online activities. I advocate for an evolutionary rather than revolutionary approach to digitial copyright reform.


Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty Jan 2000

Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty

Cleveland State Law Review

This Thesis discusses the ‘straight release’ program implemented by the Cleveland Police Department in the late 1990’s. It starts by describing the 24-hour charge or release rule, and how criminals were arrested, released, and arraignment notices were later sent to them by mail. Criminals used aliases to hinder the indictment procedure. Part V discusses national trends in arrest to disposition rates. Parts VI – X discusses Cleveland practices in the criminal justice system. Part XI discusses the effects of failure to identify arrested suspects before releasing them. Part XII describes the chaos of the municipal court. Part XIII discusses the …


Protecting Franchisees From Abusive Arbitration Clauses, Jean R. Sternlight Jan 2000

Protecting Franchisees From Abusive Arbitration Clauses, Jean R. Sternlight

Scholarly Works

This article sets out a number of legal arguments that franchisees can potentially use to defeat arbitration clauses that seek to accomplish ends that would not be permissible in litigation. Drawing from decisions protecting consumers and employees from unfair arbitration clauses, as well as from opinions in the franchise context, this article analyzes arguments that can be based on the U.S. Constitution, federal statutes, state statutes, and common law. By way of this analysis, it suggests that some courts are misapplying arbitration precedents and preemption arguments to support decisions that allow franchisors to effectively exempt themselves from legislation and even …


Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven Jan 2000

Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven

Fordham Urban Law Journal

The article begins by stating that the harsh drug laws of New York have failed to have an effect on the amount of drug dealers and instead have led to overcrowding of prisons with non-addict drug users. It states that the laws must be modified to give greater sentencing to judges, increasing diversion of non-violent offenders to rehabilitation. The article then delineates the problems resulting from current drug law and the criticism thereof. It then states the attempted reforms of drug laws that have been insufficient. The article concludes by suggesting proposals to solve the problems delineated, including proportionate sentences, …


Is Our Drug Policy Effective, Jefferson M. Fish Jan 2000

Is Our Drug Policy Effective, Jefferson M. Fish

Fordham Urban Law Journal

The article begins by stating that the time has come for a reexamination of our drug policy. It continues by discussing the two day conference "Is Our Drug Policy Effective?" "Are There Alternatives?" organized by several committee's. Because of space constraints, the article mainly delves into two topics, certain substances both licit and illicit with regard to both their physiological effects and the policies governing them, and also the disproportionate emphasis placed by the war on drugs on combating marijuana. The article then gives summaries of the speakers at the conference. These include: Objectives of our drug policy, overviews of …