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2005

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Articles 1861 - 1890 of 10108

Full-Text Articles in Law

If It Weren’T For The Flip Side - Can The Usa Patriot Act Help The U.S. Pursue Drug Dealers And Terrorists Overseas, Without Overstepping Constitutional Boundaries At Home, Anne C. Pogue Jul 2005

If It Weren’T For The Flip Side - Can The Usa Patriot Act Help The U.S. Pursue Drug Dealers And Terrorists Overseas, Without Overstepping Constitutional Boundaries At Home, Anne C. Pogue

Cornell Journal of Law and Public Policy

No abstract provided.

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Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan Jul 2005

Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan

Mercer Law Review

The Eleventh Circuit Court of Appeals presented practitioners of maritime law with important new admiralty case law in 2004. Although the Eleventh Circuit published only four admiralty opinions in 2004, the United States Supreme Court handed down two decisions in the areas of cargo and longshore law that will have a far-reaching impact on maritime law. The Eleventh Circuit dealt with two passenger cruise line cases and a salvage dispute, both of which serve as the subject of considerable litigation in the Eleventh Circuit. In addition, the Eleventh Circuit Court of Appeals handed down an important decision involving the enforcement …

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Journal Staff Jul 2005

Journal Staff

Law and Contemporary Problems

No abstract provided.

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The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton Jul 2005

The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton

Faculty Publications

The violent criminal who was a victim of severe childhood abuse frequently appears in the responsibility literature because he presents a difficulty for theorists who maintain the compatibility of causal determinism and our practices of holding persons responsible. The challenge is based on the fact that learning about an offender's horrific childhood mitigates the indignation that many persons feel towards him, possibly indicating that they hold him less than fully responsible. Many capital defendants present evidence of suffering childhood abuse, and many jurors find this evidence to count against imposing death. The most obvious explanation for a response like this …

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In The Big House With The Good Book: An Examination Of The Constitutionality Of Faith-Based Prisons, Katerina Semyonova Jul 2005

In The Big House With The Good Book: An Examination Of The Constitutionality Of Faith-Based Prisons, Katerina Semyonova

City University of New York Law Review

No abstract provided.

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The Gay Bar: The Effect Of The One-Year Filing Deadline On Lesbian, Gay, Bisexual, Transgender, And Hiv-Positive Foreign Nationals Seeking Asylum Or Withholding Of Removal, Victoria Neilson, Aaron Morris Jul 2005

The Gay Bar: The Effect Of The One-Year Filing Deadline On Lesbian, Gay, Bisexual, Transgender, And Hiv-Positive Foreign Nationals Seeking Asylum Or Withholding Of Removal, Victoria Neilson, Aaron Morris

City University of New York Law Review

No abstract provided.

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Comment: Sony, Fair Use, And File Sharing, Stacey Dogan Jul 2005

Comment: Sony, Fair Use, And File Sharing, Stacey Dogan

Faculty Scholarship

In this short Commentary, I would like to explore just one of the interesting strands developed in her paper-the scope of personal fair use in Sony, and its implications for peer-to-peer file sharing. More specifically, I want to reflect on the suggestion that Sony's broad exemption for personal copying has eroded into something unrecognizable, and that it is this erosion-rather than any difference between file-sharing and time shifting-that explains the courts' hostility to the fair use defense in the peer-to-peer context.

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Music, Mediation, And Superstrings: The Quest For Universal Harmony, John W. Cooley Jul 2005

Music, Mediation, And Superstrings: The Quest For Universal Harmony, John W. Cooley

Journal of Dispute Resolution

It is my thesis that to be an effective mediator, one needs to be a musician at heart (if not in fact)-both a composer and performer. Music is what a mediator does-what a mediator makes. To design or perform well, a mediator must at least understand music composition and performance in all its aspects. A mediator has no choice in the matter, because music, in a broad sense, permeates nature and is considered to be the quintessential ingredient of all matter and energy-of everything or unthing in the universe. To understand how music relates to what he or she does, …

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International Arbitration Is Not Your Father's Oldsmobile, Kenneth F. Dunham Jul 2005

International Arbitration Is Not Your Father's Oldsmobile, Kenneth F. Dunham

Journal of Dispute Resolution

This article provides a short prospectus for the unwary lawyer who must venture into unfamiliar territory abroad. Although there are numerous arbitral forums available in countries all over the world, this article will focus primarily on the LCIA and the ICC. Following a brief history of international arbitration and the history of these two international arbitral forums, the article will discuss some of the major issues in international arbitration such as forum selection, issue preclusion and procedural matters. This article also includes sections on appealing awards and enforcement of awards under existing international treaties. The article is brought to a …

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State Legislative Update, Christopher Benne, Tracy Justis, Brandon Lawson, Marty Seaton Jul 2005

State Legislative Update, Christopher Benne, Tracy Justis, Brandon Lawson, Marty Seaton

Journal of Dispute Resolution

As a response to a growing number of states enacting legislation regarding mediations 0 , the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the Dispute Resolution section of the American Bar Association, drafted the Uniform Mediation Act (UMA). The goal of the drafters in creating the UMA was to promote uniformity in an area of law that varied greatly from state to state. After observing the approach of several states , the drafters chose to place a broad confidentiality privilege for all mediation participants at the heart of the Act. In addition, the UMA requires the mediator …

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Why Further Development Of Adr In Latin America Makes Sense: The Venezuelan Model, Jose Alberto Ramirez Leon Jul 2005

Why Further Development Of Adr In Latin America Makes Sense: The Venezuelan Model, Jose Alberto Ramirez Leon

Journal of Dispute Resolution

This paper argues that Venezuelan society would benefit from further development of ADR. Part II will provide an overview of the main problems affecting the Venezuelan judiciary, part III will provide a background of ADR in the country, part IV will identify the main challenges the field has to overcome, part V will propose a different approach, and part VI will present the conclusion.

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Pro-Arbitration Policy: Is This What The Parties Really Intended - The Courts' Treatment Of Forum Selection Clauses In Arbitration Agreements, The, Lance Roskens Jul 2005

Pro-Arbitration Policy: Is This What The Parties Really Intended - The Courts' Treatment Of Forum Selection Clauses In Arbitration Agreements, The, Lance Roskens

Journal of Dispute Resolution

In today's global economy, it is not uncommon for parties from different locations to contract together both in commerce and in employment. Especially in the context of employers, one party will often want any and all disputes it has with its employees to be resolved via arbitration in a certain forum. To accomplish this, employers often include a forum selection clause in the arbitration agreement with the future employee. Thus, if and how courts address forum selection clauses is of paramount importance to employers. In Sterling Financial Investment Group, Inc. v. Hammer, the 11 th Circuit Court of Appeals were …

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Title Page Jul 2005

Title Page

The Journal of Law and Education

No abstract provided.

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Table Of Contents Jul 2005

Table Of Contents

The Journal of Law and Education

No abstract provided.

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School Supervision Of Children Outside School Hours In Australia: Who's Responsible?, Ross Hyams Jul 2005

School Supervision Of Children Outside School Hours In Australia: Who's Responsible?, Ross Hyams

The Journal of Law and Education

No abstract provided.

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The Equal Educational Opportunity Act 30 Years Later: Time To Revisit "Appropriate Action" For Assisting English Language Learners, Eric Haas Jul 2005

The Equal Educational Opportunity Act 30 Years Later: Time To Revisit "Appropriate Action" For Assisting English Language Learners, Eric Haas

The Journal of Law and Education

No abstract provided.

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Staring Down The Elephant: College Football And Title Ix Compliance - Counterpoint, Rich Haglund Jul 2005

Staring Down The Elephant: College Football And Title Ix Compliance - Counterpoint, Rich Haglund

The Journal of Law and Education

No abstract provided.

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Supreme Court - Recent Developments In The Law: Recent Decisions Jul 2005

Supreme Court - Recent Developments In The Law: Recent Decisions

The Journal of Law and Education

No abstract provided.

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Primary And Secondary Education - Recent Developments In The Law: Recent Decisions Jul 2005

Primary And Secondary Education - Recent Developments In The Law: Recent Decisions

The Journal of Law and Education

No abstract provided.

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Universities And Other Institutions Of Higher Learning - Recent Developments In The Law: Recent Decisions Jul 2005

Universities And Other Institutions Of Higher Learning - Recent Developments In The Law: Recent Decisions

The Journal of Law and Education

No abstract provided.

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Articles, Notes And Commentary - Primary And Secondary Education - Law Review Digests Jul 2005

Articles, Notes And Commentary - Primary And Secondary Education - Law Review Digests

The Journal of Law and Education

No abstract provided.

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The Necessity Of School Impact Fees To Create A Better Community For All Sectors Of Society Chalk Talk, Anne Means Jul 2005

The Necessity Of School Impact Fees To Create A Better Community For All Sectors Of Society Chalk Talk, Anne Means

The Journal of Law and Education

No abstract provided.

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Book Review Jul 2005

Book Review

The Journal of Law and Education

No abstract provided.

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Table Of Contents Jul 2005

Table Of Contents

Tulsa Law Review

No abstract provided.

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Karen Macdonald On Constitutional Environmental Rights By Tim Hayward. Oxford: Oxford University Press, 2005. 236pp., Karen Macdonald Jul 2005

Karen Macdonald On Constitutional Environmental Rights By Tim Hayward. Oxford: Oxford University Press, 2005. 236pp., Karen Macdonald

Human Rights & Human Welfare

No abstract provided.

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The Lessons Of People V. Moscat: Confronting Judicial Bias In Domestic Violence Cases Interpreting Crawford V. Washington, David Jaros Jul 2005

The Lessons Of People V. Moscat: Confronting Judicial Bias In Domestic Violence Cases Interpreting Crawford V. Washington, David Jaros

All Faculty Scholarship

Crawford v. Washington was a groundbreaking decision that radically redefined the scope of the Confrontation Clause. Nowhere has the impact of Crawford and the debate over its meaning been stronger than in the context of domestic violence prosecutions. The particular circumstances that surround domestic violence cases 911 calls that record cries for help and accusations, excited utterances made to responding police officers, and the persistent reluctance of complaining witnesses to cooperate with prosecutors -- combine to make the introduction of "out-of-comment statements" a critical component of many domestic violence prosecutions. Because domestic violence cases are subject to a unique set …

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Court Review: Volume 42, Issue 2 - President’S Column, Michael Cicconetti Jul 2005

Court Review: Volume 42, Issue 2 - President’S Column, Michael Cicconetti

Court Review: Journal of the American Judges Association

It seems as if our Annual Conference in Anchorage took place about a month ago, but it has been many months now since we returned home and my job as president of AJA began. Time seems to disappear and days become a blur when balancing the bench, AJA, and family. Your officers and Executive Committee have totally immersed themselves in revitalizing the AJA beginning with plans for a great educational and fun-filled annual conference in New Orleans in October. In January, the Executive Committee met for two days discussing our priorities and goals for this year and the future of …

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Court Review: Volume 42, Issue 2 - Courtroom 302: How America’S Criminal Justice System Really Works, Angela M. Brouse Jul 2005

Court Review: Volume 42, Issue 2 - Courtroom 302: How America’S Criminal Justice System Really Works, Angela M. Brouse

Court Review: Journal of the American Judges Association

1998 was to be a big year for Courtroom 302 and the Cook County Criminal Courthouse—the biggest and busiest felony courthouse in the nation. Cook County alone would send nearly 16,000 convicted criminals to prison. Courtroom 302 and Judge Daniel Locallo would hear the controversial Bridgeport trial, known as a “heater” case for attracting publicity. The case revolved around three young white men, with supposed mafia ties, charged with the brutal beating of a 13-year-old black boy—the alleged motive being that the black boy was not welcome in the predominately white neighborhood. Due to the violent and racial undertones in …

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Court Review: Volume 42, Issue 2 - Editor's Note Jul 2005

Court Review: Volume 42, Issue 2 - Editor's Note

Court Review: Journal of the American Judges Association

Our lead article will be of interest to all judges who made child-custody decisions as part of their work. Psychologist Ira Turkat notes a seldom- discussed but critical point about child-custody evaluations conducted by psychologists—there is no scientific data demonstrating the validity of these reports. Given that fact, he discusses questions judges should ask and the framework within which these reports should be viewed. He also notes a recent Florida Court of Appeals case, Higginbotham v. Higginbotham (reprinted at page 9), in which the court noted that a court-ordered psychological evaluation had cost $20,000, an amount equal to the parties’ …

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Court Review: Volume 42, Issue 2 - On The Limitations Of Child-Custody Evaluations, Ira Daniel Turkat Jul 2005

Court Review: Volume 42, Issue 2 - On The Limitations Of Child-Custody Evaluations, Ira Daniel Turkat

Court Review: Journal of the American Judges Association

Child-custody litigation is typically hostile, stressful, and expensive. For thousands of years, society has wrestled with the issue of properly assigning custody of children when parents fight over it. In King Solomon’s court, there were no licensed psychologists to extensively interview families, apply psychological tests, and offer recommendations. Today, it is commonplace in our society to have psychologists evaluate families litigating over custody.

In the United States, approximately 100,000 custody battles take place each year. However, psychological evaluations are not ordered in all contested custody cases. By and large, a custody investigation is ordered when it is unclear who should …

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