556 research outputs found
Sort by
Addict First, Criminal Second – Addiction Fueled Crimes Should be Ineligible for the Three-Strikes Penalty
Get PDFThe author of this article argues that drug addicts who finance their addiction through crime should be ineligible to receive a prison sentence under a recidivist statute like the three-strikes penalty. Part I introduces the problem, addiction and crime among current prisoners reported by the Department of Justice. Part II discusses Gary Ewing, an addict, a criminal, and a third strike offender. The story of Gary Ewing represents the injustices levied upon an addict/criminal by enhanced sentenced statutes like the three-strikes penalty. Part III is a discussion of the history of repeat offender statutes, primarily focusing on the inception of California’s three-strikes policy and its later modification. Part IV is an analysis of the relationship between the theories of punishment and the three strikes policy and, more importantly, how these models do not fit the addict/criminal. Part V is a discussion of the various constitutional issues that surround the three-strikes penalty. Part VI discusses both the various statutory and the medical community’s definitions of addiction. Part VII explores defenses that are not available to the addict/criminal, but should be. Lastly, Part VIII discusses why breaking the cycle among family generations is so important and the statistics that support this proposition. This section also discusses treatment, the important role it plays in breaking this cycle, why treatment is failing in the country’s penal systems, and the ultimate cost benefit of treatment compared to incarceration
Consent to Settle? A New Twist in the Tri-Partite Relationship
Get PDFThis article discusses the tri-partite relationship in litigation between insurers, the insured, and retained counsel. This article further discusses the complications for plaintiffs who wish to settle a case with defense counsel retained by the insurance carrier, and the ethical considerations that may arise under the Model Rules of Professional conduct when settlement is at the direction of the insurance carrier
The Rhetoric of Catharsis and Change: Law School Autobiography as a Nonfiction Law and Literature Subgenre
Get PDFTo date, little scholarship, if any, has addressed the autobiographies of law students, which have appeared in law review articles and books since at least the late 1970s. This shortcoming of law and literature scholarship in the nonfiction genre of autobiography is problematic. In the interest of understanding diverse perspectives in the legal community, legal scholars with autobiographical interests ought to give attention to the autobiographies of different individuals in this community, including the law students who will be the future members of the profession. Also, this shortcoming leaves a gap in the narrative discourse of the law since lawyers may be more inclined to write about their legal careers than their law school careers, the latter of which are much shorter and perhaps less glamorous. One then must ask what becomes of individuals’ law school experiences. Law school is often a time of considerable anxiety and change for many law students, and this time can be the first major engagement that many law students have with the legal system. Given the prominent role that law plays in U.S. society, a better understanding of students’ experiences in law school, which is clearly one of the major professional influences on individuals who ultimately practice law, should be useful to current legal educators, lawyers, and perhaps even hapless future law students. Thus, to contribute toward a fuller understanding of the lives of the students who populate law school, this article presents an initial sketch of the nonfiction law and literature subgenre of law school autobiography. To do so, the article offers an overview of the literary genre of autobiography, demarcates several categories of law school autobiography, and then addresses common threads in the law school autobiographies
A Fractured Establishment\u27s Responses to Social Movement Agitation: The U.S. Supreme Court and the Negotiation of an Outsider Point of Entry in Walker v. City of Birmingham
Get PDFIn classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change. While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many cases, have benefited from existing power structures. Although the judiciary, through majority opinions, makes decisions on appeals that come before it, the judiciary also issues dissenting opinions that can directly contradict the majority opinions. In light of the potential for expanding social movement theory beyond an essentially monolithic understanding of the establishment, the U.S. Supreme Court’s opinion in the 1967 case of Walker v. City of Birmingham affords communication scholars an opportunity for needed development of social movement theory. Therefore, this paper argues that two key texts from Walker, the majority opinion of Justice Potter Stewart and a dissent by Justice William Brennan, demonstrate how the establishment can fracture in its response to the speech of advocates of change. To make this argument, the paper initially addresses some foundations of social movement theory in communication studies. Then the paper reviews the background of the Walker case in greater detail. After reviewing the case, the paper provides analysis of the two judicial opinions noted above. Finally, the paper offers some implications of the analysis
Is Our Students Learning? Using Assessments to Measure and Improve Law School Learning and Performance
Get PDFThis article considers the use of student assessments to provide law students with timely feedback in order to improve law student learning, provides a set of best practices for using assessments, and furnishes detailed examples of various forms of assessments
The Statute of Frauds and Oral Promises of Job Security The Tenuous Distinction between Performance and Excusable Nonperformance
Get PDFSolomon and Strikes: Labor Activity, the Contract Doctrine of Impossibility or Impracticability of Performance, and Federal Labor Policy
Get PDF
Solutions for Disputes over Intellectual Property Between Taiwan and China – Analyzing Arbitration
Get PDFIncreasing business transactions between Taiwan and China have caused international intellectual property disputes to become a new and serious problem for Taiwanese businessmen who have direct and indirect investments in trade. In order to solve this problem, Taiwan and China sequentially set special regulations. For example, section 74 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area was enacted by the government of Taiwan to recognize China’s civil arbitration procedures. On July 23, 2004, China established the Regulations of the Supreme People’s Court Regarding the People’s Courts’ Recognition of the Civil Judgments Rendered by the Courts in the Taiwan Region to offer an alternate way to look at arbitration decisions that were already made in Taiwan. Arbitration is one of the current methods of resolving intellectual property disputes between China and Taiwan. Arbitration is the best option for Taiwanese businesses, due to its prompt, professional, flexible, confidential, impartial, economical, harmonious and executable advantages
