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2003

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Articles 1741 - 1770 of 8879

Full-Text Articles in Law

Foreword: The Political Geography Of Race Data In The Criminal Justice System, Andrew E. Taslitz Jul 2003

Foreword: The Political Geography Of Race Data In The Criminal Justice System, Andrew E. Taslitz

Law and Contemporary Problems

Several months ago, there was a heated discussion on CrimProf, the listserv for criminal law professors, about the disproportionate representation of minorities in the criminal justice system. Few participants in this online discussion contested the reality that racial and ethnic minorities, especially African Americans, make up a far larger percentage of those arrested and incarcerated than should be expected from their percentage of the country's total population.


Study Habits: Probing Modern Attempts To Assess Minority Offender Disproportionality, Sharon L. Davies Jul 2003

Study Habits: Probing Modern Attempts To Assess Minority Offender Disproportionality, Sharon L. Davies

Law and Contemporary Problems

Oregon, Washington and Utah have recently taken empirical steps to assess the extent to which minorities are overrepresented in their respective criminal justice systems and to seek out the root causes of any overrepresentation observed. Davies contrasts and critiques the disparate analytical approaches utilized by these states and offers some thoughts about how people might improve the chances of success of future similar efforts.


The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris Jul 2003

The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris

Law and Contemporary Problems

Criminologists have long debated the presence of racial disparity at various places in the criminal justice system, from initial on-the-street encounters between citizens and police officers to the sentencing behavior of judges. What is new is the use of statistics designed to persuade the public, and not just other academics and researchers, that grave racial disparities exist in the system, and that these disparities necessitate significant policy changes.


From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt Jul 2003

From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt

Law and Contemporary Problems

Harcourt discusses three developments in 20th century criminal law: the evolution of parole board decision-making in the early 20th century, the development of fixed sentencing guidelines in the late 20th century, and the growth of criminal profiling as a formal law enforcement tool since the 1960s. In each of these case studies, he focuses on the criminal law decision-making.


Drug Wars In Black And White, Joseph E. Kennedy Jul 2003

Drug Wars In Black And White, Joseph E. Kennedy

Law and Contemporary Problems

The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.


Race, Crime, And Institutional Design, Erik Luna Jul 2003

Race, Crime, And Institutional Design, Erik Luna

Law and Contemporary Problems

Minorities are gravely overrepresented in every stage of the criminal process--from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. While racial data can provide a snapshot of the current state of affairs, such information rarely satisfies questions of causation, and usually only sets the scene for normative theory.


Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz Jul 2003

Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz

Law and Contemporary Problems

Taslitz discusses the current practice of racial auditing as a method of police regulation. Racial auditing relies on the strategy of using independent investigators to disseminate data about an organization to broader publics. Racial auditors, however, are not accountants but rather human rights organizations.


Everything Old Is New Again: A Foreword To The Tenth Anniversary Edition Of The Duke Journal Of Gender Law & Policy, Cheryl Hanna Jul 2003

Everything Old Is New Again: A Foreword To The Tenth Anniversary Edition Of The Duke Journal Of Gender Law & Policy, Cheryl Hanna

Duke Journal of Gender Law & Policy

No abstract provided.


Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno Jul 2003

Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno

Duke Journal of Gender Law & Policy

No abstract provided.


The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb Jul 2003

The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb

Duke Journal of Gender Law & Policy

No abstract provided.


Women Who Kill Their Children: Case Study And Conclusions Concerning The Differences In The Fall From Material Grace By Khoua Her And Andrea Yates, Jayne Huckerby Jul 2003

Women Who Kill Their Children: Case Study And Conclusions Concerning The Differences In The Fall From Material Grace By Khoua Her And Andrea Yates, Jayne Huckerby

Duke Journal of Gender Law & Policy

No abstract provided.


Haute Couture, Poorly Tailored Crimes, And Ill-Fitting Verdicts, Norman J. Finkel Jul 2003

Haute Couture, Poorly Tailored Crimes, And Ill-Fitting Verdicts, Norman J. Finkel

Duke Journal of Gender Law & Policy

No abstract provided.


Expert Evidence And Its Impact On Juror’S Decisions In Homicide Trials Involving Battered Women, Regina A. Schuller Jul 2003

Expert Evidence And Its Impact On Juror’S Decisions In Homicide Trials Involving Battered Women, Regina A. Schuller

Duke Journal of Gender Law & Policy

No abstract provided.


Quid Without A Quo: Harassment Law Changes Its Terminology Without Changing Its Meaning, Joel Israel Jul 2003

Quid Without A Quo: Harassment Law Changes Its Terminology Without Changing Its Meaning, Joel Israel

Duke Journal of Gender Law & Policy

No abstract provided.


Journal Staff Jul 2003

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.


Justice White And The Right Of Privacy, David D. Meyer Jul 2003

Justice White And The Right Of Privacy, David D. Meyer

Faculty Scholarship

No abstract provided.


Restoring Private To Privacy, Jeffrey T. Renz Jul 2003

Restoring Private To Privacy, Jeffrey T. Renz

Montana Law Review

Restoring Private to Privacy


Mandatory Arbitration Of Civil Rights Claims In The Workplace: No Enforceability Without Equivalency, Lucy T. France, Timothy C. Kelly Jul 2003

Mandatory Arbitration Of Civil Rights Claims In The Workplace: No Enforceability Without Equivalency, Lucy T. France, Timothy C. Kelly

Montana Law Review

Mandatory Arbitration of Civil Rights Claims in the Workplace


Is There A Middle Ground? One Approach To Resolution Of Land Use Disputes In The Northwest, Cory R. Gangle Jul 2003

Is There A Middle Ground? One Approach To Resolution Of Land Use Disputes In The Northwest, Cory R. Gangle

Montana Law Review

One Approach to Resolution of Land Use Disputes in the Northwest


Kyllo V. United States: A Lukewarm Interpretation Of The Fourth Amendment, Jessica T. Kobos Jul 2003

Kyllo V. United States: A Lukewarm Interpretation Of The Fourth Amendment, Jessica T. Kobos

Montana Law Review

Kyllo v. United States


Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais Jul 2003

Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The use of sacred aboriginal art is nothing new. It is fairly common to see dream catchers hanging from rear view mirrors in cars. In Australia, sacred aboriginal designs are often found on tea towels, rugs and restaurant placemats. In the United States, people routinely Commercialize Navajo rugs containing both sacred and profane designs with no connection to the Navajo nation. Millions of dollars of Indian crafts imported from Asia are sold in the United States each year. Another example is the taking of sacred Ami chants by the German rock group Enigma for its song Return to Innocence. Can …


Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel J. Gervais, Alana Maurushat Jul 2003

Fragmented Copyright, Fragmented Management: Proposals To Defrag Copyright Management, Daniel J. Gervais, Alana Maurushat

Vanderbilt Law School Faculty Publications

The collective management of copyright in Canada was conceived as a solution to alleviate the problem of inefficiency of individual rights management. Creators could not license, collect and enforce copyright efficiently on an individual basis. Requiring users to obtain permission from individual copyright holders for the use of a work was equally inefficient. Collectives, therefore, emerged to facilitate the clearance of rights between creators and users. Even with the facilitation of collectives in the process, clearing rights remains an inherently difficult and convoluted process. This is especially so in the age of the Internet where clearing rights for multimedia products …


The Integrationist Alternative To The Insanity Defense: Reflections On The Exculpatory Scope Of Mental Illness In The Wake Of The Andrea Yates Trial, Christopher Slobogin Jul 2003

The Integrationist Alternative To The Insanity Defense: Reflections On The Exculpatory Scope Of Mental Illness In The Wake Of The Andrea Yates Trial, Christopher Slobogin

Vanderbilt Law School Faculty Publications

On June 20, 2001, Andrea Yates took the lives of her five children by drowning them, one by one, in a bathtub. At her trial on capital murder charges nine months later, she pleaded insanity. Despite very credible evidence that she had long suffered from serious mental disorder, a Texas jury convicted Yates of murder and sentenced her to life in prison. Her tragic and controversial case led many to question whether the so-called "M'Naghten" test for insanity, which forms the basis for the insanity defense in Texas, adequately defines the exculpatory effect of mental disorder. This article is based …


How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel Jul 2003

How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb Jul 2003

The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.


Cultural Heritage And Identity, Lucille A. Roussin Jul 2003

Cultural Heritage And Identity, Lucille A. Roussin

Cardozo Journal of International and Comparative Law

The article explores the intersection of "cultural property" and "cultural heritage," arguing that while cultural property refers to specific, legally defined objects of historical or scientific significance, cultural heritage encompasses a broader, collective concept tied to identity, history, and public interest. The article highlights how these concepts increasingly overlap, particularly in cases involving restitution, indigenous rights, and the commodification of cultural artifacts. It emphasizes the need for harmonized national and international legal frameworks to address these issues effectively.


Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt Jul 2003

Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Class Schedule - Summer 2003, Office Of Registrar Jul 2003

Class Schedule - Summer 2003, Office Of Registrar

Semester Schedules and Information

No abstract provided.


The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen Jul 2003

The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen

Scholarly Works

The United States often appears hypocritical in its commitment to International Law. It supports Nuremberg, Yugoslavia, and Rwandan tribunals, but opposes the International Criminal Court. It supports the creation of the United Nations, but seeks unilateral action in Iraq. This Essay explores these seeming contradictions in American stances toward international law. It argues that while such apparent hypocrisy might be explained by mere pragmatism, ideas prevalent in American foreign policy history seem to point in a more dangerous direction, that such divergent actions may actually be informed by a coherent, specifically American conception of international law. In particular, this Essay …


Random Walks, Non-Cooperation Games, And The Complex Mathematics Of Patent Pricing, F. Russell Denton, Paul J. Heald Jul 2003

Random Walks, Non-Cooperation Games, And The Complex Mathematics Of Patent Pricing, F. Russell Denton, Paul J. Heald

Scholarly Works

Current patent valuation methods have been described charitably as “inappropriate,” “crude,” “inherently unreliable,” and a “guesstimate.” This article provides a more rational and systematic tool than any we have found in the existing literature or relevant case law. We believe our approach to patent valuation will be useful in improving investment decisions, in facilitating licensing negotiations, and in reducing error costs in litigation. An improved valuation metric also promises to make patents easier to take as collateral and to reduce the amount of “Blue Sky” in mergers and acquisitions involving high tech corporations. To the extent that valuation problems have …