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2003

Legal Studies

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Articles 1 - 30 of 78

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 Carey 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. When I …


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 participants’ …


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

The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



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.


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 this time.


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 a behavioral …


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


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.


Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg Jan 2003

Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg

Journal of Criminal Law and Criminology

No abstract provided.


Kidnapping Federalism: United States V. Wills And The Constitutionality Of Extending Federal Criminal Law Into The States, M. Todd Scott Jan 2003

Kidnapping Federalism: United States V. Wills And The Constitutionality Of Extending Federal Criminal Law Into The States, M. Todd Scott

Journal of Criminal Law and Criminology

No abstract provided.


The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden Jan 2003

The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications



To Serve And Collect: Measuring Police Corruption, Sanja Kutnjak Ivkovic Jan 2003

To Serve And Collect: Measuring Police Corruption, Sanja Kutnjak Ivkovic

Journal of Criminal Law and Criminology

No abstract provided.


Pre-Arrest Silence: Minding That Gap Between Fourth Amendment Stops And Fifth Amendment Custody, Sara Ciarelli Jan 2003

Pre-Arrest Silence: Minding That Gap Between Fourth Amendment Stops And Fifth Amendment Custody, Sara Ciarelli

Journal of Criminal Law and Criminology

No abstract provided.


The Tenuous Relationship Between The Fight Against Money Laundering And The Disruption Of Criminal Finance, Mariano-Florentino Cuellar Jan 2003

The Tenuous Relationship Between The Fight Against Money Laundering And The Disruption Of Criminal Finance, Mariano-Florentino Cuellar

Journal of Criminal Law and Criminology

No abstract provided.


Applying The Responsible Corporate Officer Doctrine Outside The Public Welfare Context, Amiad Kushner Jan 2003

Applying The Responsible Corporate Officer Doctrine Outside The Public Welfare Context, Amiad Kushner

Journal of Criminal Law and Criminology

No abstract provided.


Beyond Accommodation: Reconstructing The Insanity Defense To Provide An Adequate Remedy For Postpartum Psychotic Women, Jessie Manchester Jan 2003

Beyond Accommodation: Reconstructing The Insanity Defense To Provide An Adequate Remedy For Postpartum Psychotic Women, Jessie Manchester

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2003

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 2003

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker Jan 2003

Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker

Journal of Criminal Law and Criminology

No abstract provided.


Facilitating Fairness: The Judge's Role In The Sixth Amendment Right To Effective Counsel, John Capone Jan 2003

Facilitating Fairness: The Judge's Role In The Sixth Amendment Right To Effective Counsel, John Capone

Journal of Criminal Law and Criminology

No abstract provided.


Hope V. Pelzer: Increasing The Accountability Of State Actors In Prison Systems - A Necessary Enterprise In Guaranteeing The Eight Amendment Rights Of Prison Inmates, Alison Chin Jan 2003

Hope V. Pelzer: Increasing The Accountability Of State Actors In Prison Systems - A Necessary Enterprise In Guaranteeing The Eight Amendment Rights Of Prison Inmates, Alison Chin

Journal of Criminal Law and Criminology

No abstract provided.


Harris V. United States: The Supreme Court's Latest Avoidance Of Providing Constitutional Protection To Sentencing Factors, Julie L. Hendrix Jan 2003

Harris V. United States: The Supreme Court's Latest Avoidance Of Providing Constitutional Protection To Sentencing Factors, Julie L. Hendrix

Journal of Criminal Law and Criminology

No abstract provided.