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Open Access. Powered by Scholars. Published by Universities.®

2006

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Articles 211 - 215 of 215

Full-Text Articles in Law

Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross Dec 2005

Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross

Bertrall L Ross

No abstract provided.


A Technological Theory Of The Arms Race, Lee B. Kovarsky Dec 2005

A Technological Theory Of The Arms Race, Lee B. Kovarsky

Lee Kovarsky

Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …


Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven Dec 2005

Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven

Thomas Kleven

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …


Domestic Violence: Societal Views And Survivors Of Domestic Violence, Asking The Right Questions, Dana Harrington Conner Dec 2005

Domestic Violence: Societal Views And Survivors Of Domestic Violence, Asking The Right Questions, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.


Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison Dec 2005

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.