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Kenneth Anderson and Helsinki Watch Committee
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Padideh Ala'i
“Financial Institutions Reform Recovery and Enforcement Act of 1989: A Legal Summary and Analysis” (Co-author), published by Jones, Day, Reavis & Pogue (1989).
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Kenneth Anderson
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Kenneth Anderson
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David E. Aaronson
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David Aaronson and Rita Simon
"No area of criminal law has been the subject of more controversy than the insanity defense. The Insanity Defense is a clear assessment of this issue as it exists in the 1980s. It provides the reader with a basis for understanding and evaluating the legislative and judicial responses to the factors that have stirred this controversy. Because extremely complex issues are involved in the effort to formulate an insanity defense, Simon and Aaronson begin with a detailed historical overview. They discuss the necessity of expert witnesses in the actual trial and probe into the jury's role and responsibility. The authors describe the various movements that have been used to abolish the insanity defense, as well as assess the use and interpretation of the defense in other nations."
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David Aaronson and Rita Simon
The jury's decision in John Hinckley's trial following his attempted assassination of President Reagan aroused controversy, protest, and a clamor for reform. However, an analysis of the history of the defense shows that its use is rare and largely noncontroversial. However, it receives enormous media attention, and the public is basically misinformed about its frequency of use. The response to the Hinckley decision has led to the enactment of a Federal statute on the legal criteria for the defense of insanity and of at least eight State laws defining verdicts of guilty but mentally ill. Future discussions of how to handle people who are mentally ill and violate the law should not discard the connection between responsibility and guilt and focus only on extracting revenge.
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Herman Schwartz
"Explores Reagan's failure, despite his call for patriotism, to uphold the tenets of the Constitution and examines the impact of Reagan's failure to support social reform and his packing the Supreme Court with conservatives on America's future."
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Ira Robbins
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Ira Robbins
Sabbatical leaves have proven to be a useful concept for providing extended periods of time away from the job for individuals to pursue other needs or interests. The concept has spread from academic and religious institutions to business and industry, law firms, and government.
After surveying these analogies, this staff paper reviews the limited ways in which the concept has been applied to the judiciary. It then discusses the desirability and feasibility of extending judicial sabbaticals further, particularly to the federal judiciary. The principal virtues of such sabbaticals are that they have the potential to improve efficiency and productivity, enhance creativity and reflective powers, provide an opportunity for educational development and professional and personal growth, reduce stress, improve morale, attract a greater number of highly qualified individuals to the bench, decrease attrition (with its attendant costs), and put judges more in touch with the communities whose interests they serve.
Because of these possibilities, the staff paper concludes that sabbatical leaves for judges can be a valuable way to deal with some of the challenges that face the federal judiciary today.
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Herman Schwartz
"Examines the impact on American law and society of the decisions reached during Warren Burger's term as Chief Justice of the Supreme Court."
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Jonathan Baker and William Blumenthal
The book is written along with Merger Standards Task Force Staf.
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Jonathan Baker and Timothy Bresnahan
The book contains:The effect of private antitrust damage remedies on resource allocation; Insurance against product failure and moral hazard in the consumption of other goods; Estimating the elasticity of demand facing a single firm: evidence on three brewing firms / with Timothy F. Bresnahan
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David Aaronson, C. Dienes, and Michael Musheno
"Part I presents a process-oriented perspective of public policy in which formal rules emerge, are implemented by various bureaucratic personnel (notably the police), and eventually impact society. Discretion is the key element that determines how the law affects society. Part II addresses the initial stage of the policy process, i.e., lawmaking. It examines the case for the decriminalization of various victimless crimes, explores the processes and politics of legal change, and identifies the link between formal decriminalization and its implementation. Goal formation in the decriminalization of public drunkenness is considered. Part III, which deals with the enforcement stage of the policymaking process, presents three case studies of police discretionary management of decriminalized public drunkenness in Washington, D.C.; St. Louis, Mo.; and Minneapolis, Minn. The focus is on the effect of bureaucratic discretion on the law's implementation. Part IV suggests how policymakers should manage police discretion to ensure the realization of particular public policy goals. Tools for managing police discretion include rules, incentives, and sanctions. Chapter notes, tabular data, and subject index."
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David Aaronson, C. Dienes, and Michael Musheno
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Ira Robbins
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David Aaronson, Bert Hoff, Peter Jaszi, Nicholas Kittrie, and David Saari
The primary objectives of this study were to identify and examine the current range of alternatives to conventional adjudication; to determine the impact of these alternatives on the activities of criminal justice agencies; and to present an overview of organizational, legal and evaluative issues and concerns relative to the adoption and implementation of an alternative. The researchers collected and analyzed a large amount of written documentation and evaluative reports on alternative projects throughout the country and in addition, visited over twenty cities to examine their alternative procedures. The results of this research effort are contained in two documents, The New Justice and Alternatives to Conventional Adjudication-A Guidebook for Planners and Practitioners. The New Justice represents a summary of the actual analysis and comparison of more than seventy models (If alternatives examined. In this report the researchers have concluded that most alternatives deal with one or all of three basic sources of dysfunction in the traditional system: 1) improper subject matter jurisdiction; 2) ineffective disposition of defendants, and 3) disparity in treatment of defendants. This summary report provides a valuable discourse on a topic of growing national interest and concern.
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