Date of Publication:
Roy Balleste, The Future of Artificial Intelligence in your Virtual Libraries, 22 Computers in Libraries 10 (2002)Clicking on the button will copy the full recommended citation.
Date of Publication:
Susan D. Rozelle, The Utility of Witt: Understanding the Language of Death Qualification, 54 Baylor L. Rev. 677 (2002)Clicking on the button will copy the full recommended citation.
Death qualification is the process by which prospective jurors are questioned at voir dire regarding their attitudes toward the death penalty. Those who indicate they are so opposed to capital punishment that they either (1) would not find the defendant guilty regardless of the evidence, or (2) would not consider death as a possible sentence regardless of the circumstances of the crime, are excused for cause. They are not “death qualified” and may not sit.
Others have pressed for an end to the “disturbing practice” of death qualification because it denies capital defendants their constitutional rights to a jury drawn from a fair cross-section of the community and to an impartial jury. This article offers an understanding of the law of death qualification as it presently exists that ensures that capital defendants are provided the protections to which they are entitled, without requiring a change in the law.
Date of Publication:
Rebecca C. Morgan and Robert Fleming, Advance Directives: Ten Topics to Discuss with Clients, 19 GPSolo 39 (2002)Clicking on the button will copy the full recommended citation.
Date of Publication:
Kristen D.A. Carpenter, Promise Enforcement in Public Housing: Lessons from Rousseau and Hundertwasser, 76 Tul. L. Rev. 1073 (2002)Clicking on the button will copy the full recommended citation.
Date of Publication:
Paul Boudreaux, Understanding “Take” in the Endangered Species Act, 34 Ariz. St. L.J. 733 (2002)Clicking on the button will copy the full recommended citation.
The prohibition against “take” of endangered species would appear, at first blush, to be the most powerful protection of the federal Endangered Species Act. But the provision has not met its potential, the article argues, in part because its parameters remain fuzzy. This article examines the parameters of intent, directness, timing, proximate causation, and standard of proof. This examination reveals a prohibition that holds its greatest potential as a means of enjoining an impending harm to a species.
Date of Publication:
James W. Fox, Re-Readings and Misreadings: Slaughter-House, Privileges or Immunities, and Section Five Enforcement Powers, 91 Ky. L.J. 67 (2002)Clicking on the button will copy the full recommended citation.
This Article wears two hats: on the one hand it responds to recent revisionist re-readings of Justice Miller's opinion in the Slaughter-House Cases, and on the other hand it seeks a historical connection between two areas of Fourteenth Amendment jurisprudence invigorated by recent Supreme Court decisions. On the latter point I argue that the historical background of the framing and early application of the Fourteenth Amendment reveals an intimate and essential connection between the proper interpretation of the Privileges or Immunities Clause (an issue hinted at by the Court in Saenz v. Roe) and congressional enforcement powers under Section Five (an issue actively addressed by the Court in City of Boerne and its progeny).
The Article's architecture is as follows: Part One critiques the Slaughter-House revisionists, arguing that they provide an overly charitable reading of Justice Miller's opinion on the question of the incorporation of the Bill of Rights. Part Two explores the historical evidence from congressional debates about the Amendment and simultaneous congressional legislation such as the Civil Rights Act of 1866 and the Freedman's Bureau Act and then critiques the revisionists' implicit adoption of Miller's anti-natural rights interpretation of federal citizenship privileges. Part Three develops the idea of the congressional power of interpretive enforcement of the Privileges and Immunities Clause, primarily through a close reading of some of the congressional actions throughout Reconstruction, including the Anti-Peonage Act, the Enforcement (Anti-Klan) Act of 1871 and the Civil Rights Act of 1875. This Part argues that Congress took a fairly broad view of the Privileges or Immunities Clause and its own powers prior to the Supreme Court's decision in Slaughter-House, and that Slaughter-House re-directed congressional discourse away from a more expansive, fundamental rights interpretation of the Clause and toward a more constrained equality-of-rights interpretation. Finally, Part Four discusses the final blow to congressional development of the Privileges or Immunities Clause, the Civil Rights Cases.
This Article suggests that if it is true that Congress should play an important role in developing the contours of the Privileges or Immunities Clause, then actions by Congress which are based on its understanding of the Clause should be accorded more deference than currently granted by Court. By re-uniting the historical understandings of the Privileges or Immunities Clause and the Enforcement Clause modern interpreters might find a plausible but overlooked constitutional basis for congressional actions to protect the rights of groups such as women, the disabled, and religious minorities.
Date of Publication:
Cynthia Hawkins DeBose, The Transracial Adoption Debate: Counseling and Legal Implications, 80 Journal of Counseling & Development 433 (2002)Clicking on the button will copy the full recommended citation.
The overarching theme of this inter-disciplinary article is to present and clarify issues pertaining to the adoption of African American children by White American parents. More specifically, the purposes of this article are: to review relevant literature and research regarding the transracial adoption debate; explain the legal aspects and practice of transracial adoption; and discuss the implications for counseling practice and potential implications or concerns for counselors.
Date of Publication:
Ellen S. Podgor, Book Review, The International Dimensions of Cyberspace Law, 12 International Criminal Justice Review 122 (2002)Clicking on the button will copy the full recommended citation.
Date of Publication:
Cynthia Hawkins DeBose and Carla Bradley, Race and Transracial Adoption: The Answer is Neither Simply Black or White nor Right or Wrong, 51 Cath. U. L. Rev. 1227 (2002)Clicking on the button will copy the full recommended citation.
In this article, the authors examine the crisis in the explosion in the number of children in the foster care system in the United States; and in particular, the effects on African American children. The article applies the interdisciplinary tools of law and counseling to analyze current structure and policy of transracial adoption and its implications for African American children.
The authors argue that transracial adoptions and the color-blind approach, which is encouraged and required by federal statute, do not serve the best interests of the majority of African American children in foster care who are awaiting permanent homes. Rather, the two-pronged approach of increased recruitment of African American, non-kin adoptive families in addition to an in-depth focus on kinship care and adoption will more readily decrease the number of children living in foster care.
Date of Publication:
Royal C. Gardner, Corps’ New Regulatory Guidance Letter on Mitigation: Trick or Treat?, 24 Nat'l Wetlands Newsletter 3 (2002)Clicking on the button will copy the full recommended citation.