This article, while ultimately promoting the political postulate that "it's reasonable to go into debt for long-term purposes," also provides a very readable analysis of why the strength of the American conservative movement, which so dominated political debate in 1995, has abated. It gives very contemporary examples of the underlying debate over fundamental issues of U.S. government -- separation of powers, the roles of federal and local government, and public confidence.
Hendrie, Edward M. "Creating Exigent Circumstances" (FBI
Law Enforcement Bulletin, vol. 65, no. 9, September 1996, pp.
25-32)
Hendrie, a legal instructor at the training academy for agents of the Federal Bureau of Investigation, U.S. Department of Justice, examines the very limited conditions under which American law enforcement officials can enter into premises or conduct searches without having obtained a warrant -- illustrating the legal nuances with real life examples. In most circumstances, a warrant must be obtained to protect against "unreasonable" search and seizure guaranteed to U.S. citizens by the Constitution.
Kahn, Phyllis. "Women and Political Roles: New Group
Standards" (Spectrum, vol. 69, no. 2, Spring 1996, pp.
15-22)
Phyllis Kahn, serving her 12th term in the Minnesota House of Representatives, broadly analyzes the effect of women's full participation in government. She counters some of the anthropological arguments on why women cannot assume leadership roles, citing studies indicating the tangible effect of increasing numbers of women in legislatures. She concludes with a firsthand look at the changes in attitude and practice that have accompanied the growing number of women serving in elected and appointed office as professional staff and political lobbyists, noting that women's access to full participation has been in effect for only two or three generations of American life.
Lowe, Alexandra Dylan. "The Price of Speaking Out" (ABA
Journal, vol. 82, September 1996, pp. 48-53)
Lowe, a lawyer and legal affairs writer, talks about the rise of law suits that involve private citizens pitted against companies in a debate over public policy. Citing the book, Slapps: Getting Sued for Speaking Out by law professor George W. Pring and sociologist Penelope Canan, Lowe presents several cases, including that of Nancy Hsu Fleming, who, in speaking out about her concerns, got sued by the landfill company whom Fleming suspected of polluting the drinking-water supply in her hometown.
Newberry, John. "Out-of-Office Experiences" (ABA
Journal, vol. 82, September 1996, pp. 54-57)
Four practical examples are discussed on how the Internet can enhance productivity of private law firms, from the one-man at- home office to larger international concerns.
Rosen, Jeffrey. "Annals of Law; The Agonizer" (The New
Yorker, November 11, 1996, pp. 82-90.)
This comprehensive article analyzes Supreme Court Justice Anthony Kennedy's opinion's regarding judicial interpretation of legal and moral issues, and his role in the decision-making process of the Court. As the Court's decisive voice, his personal and professional views on a variety of issues are analyzed. His opinions on abortion, (Planned Parenthood v. Casey) gay rights, (Romer v. Evans) and First Amendment issues, are explained and critiqued. Kennedy's past, and future ambitions are also discussed.
Stewart, David O. "One More Legacy of Rodney King" (ABA
Journal, vol. 82, September 1996, pp. 44-46)
This article examines a recent decision by the U.S. Supreme Court which will permit greater sentencing discretion for federal trial judges, without undermining the intent of the 1984 Sentencing Reform Act. The act sets sentencing guidelines to reduce disparities in sentences imposed on defendants in similar cases, but has been criticized for stripping judges of the ability to tailor sentences to the circumstances of the individual defendants.
Stirling, Patricia. "The Use of Trade Sanctions as an
Enforcement Mechanism for Basic Human Rights: A Proposal for
Addition to the World Trade Organization" (American University
Journal of International Law and Policy, vol. 11, no. 1,
1996, pp. 1-46)
The author, whose research was supported by a Ford Foundation grant, argues the need for a multilateral approach in the form of trade sanctions for the enforcement of human rights. In examining the traditional impediments to enforcement, the author focuses on the need to define "core" human rights and analyzes the weakness of both the U.N.-model multilateral approach and the unilateral U.S. actions to remedy violations. This is a good companion piece to the U.S. Information Agency-produced Introduction to Human Rights.
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The annotations above are part of a more comprehensive Article Alert offered on the home page of the U.S. Information Service.
Issues of
Democracy
USIA Electronic Journals, Vol. 1, No. 18, December 1996