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Articles 61 - 63 of 63
Full-Text Articles in Law
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger
Faculty Scholarship
During the past half century there have existed in this country two opposing constitutional traditions regarding the press. On the one hand, the Supreme Court has accorded the print media virtually complete constitutional protection from attempts by government to impose affirmative controls such as access regulation. On the other hand, the Court has held affirmative regulation of the broadcast media to be constitutionally permissible, and has even suggested that it may be constitutionally compelled. In interpreting the first amendment, the Court in one context has insisted on the historical right of the editor to be free from government scrutiny, but …
Regulation Of Electroconvulsive Therapy, Carol Sanger
Regulation Of Electroconvulsive Therapy, Carol Sanger
Faculty Scholarship
Electroconvulsive therapy (ECT) is a psychiatric procedure that induces a convulsive seizure in the patient in order to treat severe depression. Recently, courts, legislatures, and the medical profession have paid increasing attention to the regulation of ECT. Their interest has been stimulated by the growing recognition of the rights of mental patients, the developing role of consent in medical transactions, and the results of recent scientific research on the efficacy and consequences of ECT.
Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the …
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
Faculty Scholarship
The dilemma of the American sentencing judge is qualitatively unique. Because our system of criminal justice has embraced to a degree unequaled elsewhere the rehabilitative ideal that punishment should fit not the crime, but the particular criminal, the sentencing judge must labor to fulfill the dual and sometimes conflicting roles of judge and clinician. Entrusted with enormous discretion, he is expected to "individualize" the sentence he imposes to suit the character, social history, and potential for recidivism of the offender before him. Yet, because of the general absence in our Sentencing Reform system of meaningful procedures for the appellate review …