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2003

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Articles 1981 - 2010 of 8879

Full-Text Articles in Law

Journal Staff Jun 2003

Journal Staff

Alaska Law Review

No abstract provided.

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Children At Clandestine Methamphetamine Labs: Helping Meth’S Youngest Victims, Karen Swetlow Jun 2003

Children At Clandestine Methamphetamine Labs: Helping Meth’S Youngest Victims, Karen Swetlow

Center on Children, Families, and the Law (and Related Organizations): Publications

Contents:

Message from the Director
What Is Methamphetamine?
Meth Production Site: Not Really a Laboratory
Methamphetamine Trends in the United States
Dangers to Children Living at Meth Labs
Children Involved in Methamphetamine Lab-Related Incidents in the United States
Children Found in Meth Lab Homes
Multidisciplinary Teams: Elements of Success
Promising Practices in the Field
Conclusion

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In Rem Alternatives To Extradition For Money Laundering, Keith R. Fisher Jun 2003

In Rem Alternatives To Extradition For Money Laundering, Keith R. Fisher

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Reservations, Human Rights Treaties In The 21st Century: From Universality To Integrity, Pierrick Devidal Jun 2003

Reservations, Human Rights Treaties In The 21st Century: From Universality To Integrity, Pierrick Devidal

LLM Theses and Essays

This thesis is a study of the question of the legality of reservations to international human rights treaties. The evolution of reservations law demonstrates that the system seek to promote universal adherence to multilateral treaties through flexible rules that reflects the superiority of national sovereignty in the international society. However, the flexibility of reservation law as codified in the Vienna Convention of the Law of Treaties has facilitated wide acceptance of multilateral treaties at the cost of their integrity. In the case of human rights treaties, this issue is of paramount importance considering the essentiality of a balance between integrity …

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State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner Jun 2003

State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner

Journal Articles

In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …

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International Extradition And Global Terrorism: Bringing International Criminals To Justice, Christopher C. Joyner Jun 2003

International Extradition And Global Terrorism: Bringing International Criminals To Justice, Christopher C. Joyner

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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No Appeal: The U.S.-U.K. Supplementary Extradition Treaty's Effort To Create Federal Jurisdiction, John T. Parry Jun 2003

No Appeal: The U.S.-U.K. Supplementary Extradition Treaty's Effort To Create Federal Jurisdiction, John T. Parry

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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U.S. Efforts To Extradite Persons For Tax Offenses, Bruce Zagaris Jun 2003

U.S. Efforts To Extradite Persons For Tax Offenses, Bruce Zagaris

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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The Development Of The Conceptual Framework Supporting International Extradition, Valerie Epps Jun 2003

The Development Of The Conceptual Framework Supporting International Extradition, Valerie Epps

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Indirect Abolition: Capital Punishment's Role In Extradition Law And Practice, William A. Schabas Jun 2003

Indirect Abolition: Capital Punishment's Role In Extradition Law And Practice, William A. Schabas

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Rendition And Transfer In The War Against Terrorism: Guantanamo And Beyond, Joan Fitzpatrick Jun 2003

Rendition And Transfer In The War Against Terrorism: Guantanamo And Beyond, Joan Fitzpatrick

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Constructive Expropriation And The Framework Of Deferential Progressivism, Jeremy Greener Jun 2003

Constructive Expropriation And The Framework Of Deferential Progressivism, Jeremy Greener

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Expectations Of Immunity: Removing The Barrier To Retroactive Application Of The Foreign Sovereign Immunities Act To Pre-1952 Events, Danielle Ducaine Jun 2003

Expectations Of Immunity: Removing The Barrier To Retroactive Application Of The Foreign Sovereign Immunities Act To Pre-1952 Events, Danielle Ducaine

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Reforming International Extradition: Lessons Of The Past For A Radical New Approach, M. Cherif Bassiouni Jun 2003

Reforming International Extradition: Lessons Of The Past For A Radical New Approach, M. Cherif Bassiouni

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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The Surrender Of War Criminals To The International Criminal Court, Goran Sluiter Jun 2003

The Surrender Of War Criminals To The International Criminal Court, Goran Sluiter

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan Jun 2003

Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan

Faculty Publications By Year

No abstract provided.

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Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes Jun 2003

Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes

Faculty Scholarship

No abstract provided.

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Trust Me, I'M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr. Jun 2003

Trust Me, I'M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.

Missouri Law Review

This Article contends that the predominant practice of federal courts of completely removing the jurisdictional element from the jury violates the Sixth Amendment right to jury trial and Rule 201. Part II of this Article discusses the problems raised by binding judicial notice of the jurisdictional element of federal criminal offenses. Part III gives an overview of the factual, constitutional, and statutory prerequisites for land to fall within the special territorial jurisdiction of the United States. Part IV briefly describes the circumstances in which courts may properly take judicial notice under Rule 201. Part V discusses the requirements for judicial …

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Continuation Of The Tracing Doctrine: Giving Aftermarket Purchasers Standing Under Section 11 Of The Securities Act Of 1933 - Lee V. Ernst & (And) Young, Llp, The, Robert L. Ortbals Jr. Jun 2003

Continuation Of The Tracing Doctrine: Giving Aftermarket Purchasers Standing Under Section 11 Of The Securities Act Of 1933 - Lee V. Ernst & (And) Young, Llp, The, Robert L. Ortbals Jr.

Missouri Law Review

Prior to Gustafson v. Alloyd Co., courts had interpreted Section 11 of the Securities Act of 1933 to apply both to purchasers of IPOs and to aftermarket purchasers who could "trace" their purchases to reliance on a defective initial registration statement. The Gustafson decision has brought into question the viability of the tracing doctrine given the noted purpose behind the 1933 Act. This Note examines evolution of the tracing doctrine and the impact that Gustafson has and will have on that doctrine.

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Wrestling With The Effects Of Title Ix: Is It Time To Adopt New Measures Of Compliance For University Athletic Programs - Chalenor V. University Of North Dakota, Jeffrey H. Smith Jun 2003

Wrestling With The Effects Of Title Ix: Is It Time To Adopt New Measures Of Compliance For University Athletic Programs - Chalenor V. University Of North Dakota, Jeffrey H. Smith

Missouri Law Review

The Court of Appeals for the Eighth Circuit, following the Department of Education’s policy interpretation and other circuit courts of appeals, held that the University of North Dakota did not violate the men’s wrestling team members’ and recruits’ rights under Title IX when it eliminated the men’s varsity wrestling program. The circuit courts of appeals outside the Eighth Circuit had held that eliminating an athletic progam of an over-represented gender to make athletic opportunities between genders substantially proportionate was a satisfactory means of compliance with Title IX. The Eighth Circuit Court of Appeals reviewed these holdings in developing its opinion. …

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Community Standards Of Utah And The Amish Country Rule The World Wide Web - Ashcroft V. Aclu, The, Matthew Towns Jun 2003

Community Standards Of Utah And The Amish Country Rule The World Wide Web - Ashcroft V. Aclu, The, Matthew Towns

Missouri Law Review

Challengers of the Child Online Protection Act, a recently enacted federal law prohibiting the posting of materials harmful to children on the Internet, contended that regional community standards should not govern such a broad-based medium. The United States Supreme Court held, however, that the statutory language mandating application of regional community standards in judging Internet content did not run contrary to the First Amendment. This Note supports the continued use of the Miller obscenity test, including its community standards criteria, but endorses the position taken by the concurring Justices that, in the case the Internet, the test should apply national …

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Opening A Door To Help: Legal Services Programs' Key Role In Representing Battered Immigrant Women And Child, Leslye Orloff, Amanda Baran, Laura A. Martinez-Mcintoh, Jennifer Rose Jun 2003

Opening A Door To Help: Legal Services Programs' Key Role In Representing Battered Immigrant Women And Child, Leslye Orloff, Amanda Baran, Laura A. Martinez-Mcintoh, Jennifer Rose

Scholarly Articles in Law Reviews & Journals

Mariella Batista approached the family court building in Riverside, California, 9- year-old son in tow, ready for her hearing. Her family law attorney, who had little domestic violence experience, had no time to meet with Mariella before the court date and arranged to meet her outside the courthouse before the hearing. Mariella, a Cuban immigrant, had a history of years of abuse at the hands of her partner and was attempting to gain control of her life by instituting legal action to gain custody of her son. Suddenly her estranged partner approached her and grabbed the boy. In fear, Mariella …

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Against Preemption: How Federalism Can Improve The National Legislative Process, Roderick Hills May 2003

Against Preemption: How Federalism Can Improve The National Legislative Process, Roderick Hills

Law & Economics Working Papers Archive: 2003-2009

How easily should courts infer that federal statutes preempt state law? An ongoing debate exists on the question in Congress and among scholars and judges. One side calls for judges to protect federalism by adopting a rule of statutory construction that would bar preemption absent a clear statement of preemptive intent. Opponents argue against such a "clear statement" rule by arguing that state control over preemptable topics is often presumptively inefficient, because common-law juries lack expertise and because states are prone to imposing external costs on their neighbors. This article sidesteps these debates over preemption and instead argues that, quite …

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Embarrassing Justice, Donald E. Wilkes Jr. May 2003

Embarrassing Justice, Donald E. Wilkes Jr.

Popular Media

The text of the speech given by UGA Professor of Law Donald E. Wilkes, in the Tate Student Center Plaza at the University of Georgia, May 17, 2003 to protest U.S. Supreme Court Justice Clarence Thomas's speech at the law school graduation.

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Doing It Rite: Exploring A Decade Of Health Coverage Innovation (Rhode Island), Jennifer Ryan, Ginger P. Parra May 2003

Doing It Rite: Exploring A Decade Of Health Coverage Innovation (Rhode Island), Jennifer Ryan, Ginger P. Parra

National Health Policy Forum

This site visit to the state of Rhode Island provided an opportunity to experience and understand the decade of health coverage innovation that has resulted in near universal coverage for children. Site visitors had the opportunity to interact with health care providers, state officials, and consumer advocates, as well as other leaders in health care community. The group also visited the Thundermist Health Center in Woonsocket; a school based health clinic at Woonsocket High School; the HELP Lead Safe Center in South Providence; and a local provider, St. Joseph’s Hospital for Specialty Care, that houses several preventive care clinics and …

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To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson May 2003

To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson

Book Reviews

This essay from the Times Literary Supplement (23 May 2003) reviews books on Lincoln's speeches and writings, particularly the Second Inaugural Address. It examines the transition from the First Inaugural Address to the Second Inaugural Address, finally focusing on how Lincoln seeks to steer between moral relativism about the war - each side does as it sees right - and moral absolutism.

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Eldred V. Ashcroft: How Artists And Creators Finally Got Their Due, Shalisha Francis May 2003

Eldred V. Ashcroft: How Artists And Creators Finally Got Their Due, Shalisha Francis

Duke Law & Technology Review

In regards to copyright the U.S. Constitution states: "Congress shall have the power . . . to promote the Progress of Science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." The intellectual property clause was added to the Constitution because of the recognition of the importance of balancing both an author's interest in protecting their creative works with the public interest in maintaining a method by which those same works could enter the public domain. However, the ability to properly perform this balancing act has proven more …

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Honorary Degree Citation, Sonia Sotomayor, Doctor Of Laws, May 18, 2003, Pace University School Of Law May 2003

Honorary Degree Citation, Sonia Sotomayor, Doctor Of Laws, May 18, 2003, Pace University School Of Law

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Rwu School Of Law Commencement (May 17, 2003), Roger Williams University School Of Law May 2003

Rwu School Of Law Commencement (May 17, 2003), Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

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Disease Management To Population-Based Health: Steps In The Right Direction?, Lisa Sprague May 2003

Disease Management To Population-Based Health: Steps In The Right Direction?, Lisa Sprague

National Health Policy Forum

This issue brief reviews the evolution of the disease management model and the ways it relates to care coordination and case management approaches. It also looks at examples of population-based disease management programs operating in both the private and public sectors and reviews the evidence of their success. Finally, the paper considers the policy implications of adapting this model to a Medicare fee-for-service population.

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