Gideon\u27s Muted Trumpet

Once the darling of the legal academy, criminal procedure has fallen into disrepute. Thirty-five years ago, when Gideon was decided, criminal procedure was the flagship of constitutional law, criminal defense attorneys were heroes, and courts and lawyers were perceived as themselves agents of social justice. Today, there are still heroes. But the conventional wisdom, within the academy and the country at large, no longer associates criminal law or procedure with heroism. Indeed, in some quarters, criminal procedure has become the enemy. Increasingly, scholars urge revisionism, popular pundits brand procedural innovations as a loss of common sense, and philosophers warn that the procedural republic has helped us to lose our way. Striking is this scholarly skepticism when compared to the disturbing fate of those who spawned this conference: they are vulnerable, poor, friendless; they have never seen a lawyer and they have talked to a judge speaking from a remote televised location. They sit in jail for ten or twenty or thirty days, losing their jobs and their families, only to have the charges ultimately dismissed. Douglas Colbert\u27s cases raise important questions about a failed legal revolution. For when the charges have been dismissed, what will Colbert\u27s defendants understand about criminal procedure ? The majesty of Gideon? The wisdom of the Warren Court? No doubt, the jailed and abandoned defendant would agree with critics of criminal procedure. How else could he see the process except as his punishment

Notice Pleading in Exile

According to the conventional wisdom the Supreme Courts 2009 decision in Ashcroft v Iqbal discarded notice pleading in favor of plausibility pleading This Article ” part of a symposium commemorating the Iqbal decisions tenth anniversary ” highlights decisions during those ten years that have continued to endorse notice pleading despite Iqbal It also argues that those decisions reflect the best way to read the Iqbal decision Although Iqbal is a troubling decision in many respects it can be implemented consistently with the noticepleading framework that the original drafters of the Federal Rules of Civil Procedure had in min

Order Without (Enforceable) Law: Why Countries Enter into Non-Enforceable Competition Policy Chapters in Free Trade Agreements

Over the past ten to fifteen years, there has been an explosion of bilateral and regional free trade agreements in Latin America (together, these are called preferential free trade agreements or PTAs). The purpose of PTAs is to increase trade, regulatory, and investment liberalization. As effective trade liberalization requires more than just a reduction of tariffs, PTAs include chapters in a number of areas of domestic regulation. These chapters address domestic regulation and create binding commitments to liberalize domestic regulation that may impact foreign trade. Among chapters that address domestic regulation, many of the Latin American PTAs include a chapter on competition policy. Conventional wisdom has been that such chapters play a critical role in trade agreements because they link antitrust with trade liberalization. My claim is that the conventional wisdom as to the effectiveness of these chapters has been overstated. Until now, the effectiveness of antitrust and competition policy chapters has remained unanswered. This article undertakes the first empirical analysis of Latin American competition policy chapters in PTAs

Fighting Back: Crime, Self-Defense, and the Right to Carry a Handgun

Ten years ago this month, a controversial "concealed- carry" law went into effect in the state of Florida. In a sharp break from the conventional wisdom of the time, that law allowed adult citizens to carry concealed firearms in public. Many people feared the law would quickly lead to disaster: blood would literally be running in the streets. Now, 10 years later, it is safe to say that those dire predictions were completely unfounded. Indeed, the debate today over concealed-carry laws centers on the extent to which such laws can actually reduce the crime rate.To the shock and dismay of gun control proponents, concealed-carry reform has proven to be wildly popular among state lawmakers. Since Florida launched its experiment with concealed-carry in October 1987, 23 states have enacted similar laws, with positive results.Prior to 1987, almost every state in America either prohibited the carrying of concealed handguns or permitted concealed-carry under a licensing system that granted government officials broad discretionary power over the decision to grant a permit. The key feature of the new concealed-carry laws is that the government must grant the permit as soon as any citizen can satisfy objective licensing criteria.Concealed-carry reform reaffirms the basic idea that citizens have the right to defend themselves against criminal attack. And since criminals can strike almost anywhere at any time, the last thing government ought to be doing is stripping citizens of the most effective means of defending themselves. Carrying a handgun in public may not be for everyone, but it is a right that government ought to respect

The Formulation of Natural Disaster-Based Local Wisdom Values After Tsunami Disaster in Aceh Jaya District, Aceh Province, Indonesia

Local wisdom plays a role in the management of natural resources and environment. However, it also could not be separated from a great number of challenges, such as: the increase number of population, modern technology and culture, big cost, poverty and inequality. The prospect of local wisdom in the future is highly dependent on knowledge of the society, innovation on technology, market demand, the use and the preservation of biodiversity in the environment, and government policies that are directly related to the management of natural resources and environment as well as the role of the community. Krueng Sabee is one of the areas which is frequently hit by natural disasters in Kabupaten Aceh Jaya Provinsi Aceh. In that area, however, the efforts to adopt local wisdom values to mitigate natural disasters such as floods, earthquakes, tsunamis and forest conservation are almost extinguished. The purpose of this research is to reformulate the values of local wisdom to mitigate natural disasters, ten years after tsunami hit Aceh. This is a case study that applied qualitative approach. The informants were chosen by using purposive sampling technique. The data were gathered through interview, FGD, observation and documentation study. The triangulation done referred to that of sources and method. The data obtained were analyzed by using ethnography qualitative data analysis proposed by James Spradley. In addition, AHP (Analytical Hierarchy Process) was applied. Based on the results of AHP analysis, it is figured out that there are five policies gotten: (a) curriculum, (b) learning evaluation, (c) traditional songs, (d) learning material, and (e) meunasah school. The policies are expected to create local-based geography learning process in accordance with nation-based geography education as geography is closely related to human and space. In this research, local wisdom values in the Aceh Jaya including floods, earthquakes, tsunamis and forest conservation are disclosed. The application of traditional culture-based geography education or efforts to realize nation-based geography education would affect the learning process which is meaningful in terms of regional context where the subject is taught. Keywords: formulation, local wisdom values, disaste

Ecological and mystical spirituality from an interfaith perspective

More than ten years ago, the Club of Rome published its much discussed report The First Global Revolution which stressed that our world possesses a promising opportunity, one unlikely to be provided again, to shape a new understanding and new attitudes towards the world as a whole. Whilst contemporary societies are much confused about morals and ethics, whilst we experience much social, educational, personal and environmental chaos, the Club of Rome report argued that it is essential for humanity to respond to this unique opportunity for a global revolution and find the wisdom needed to deal with it in the right way. But how can we find such wisdom? How can we deal with our personal, social and ecological predicaments? Traditionally, religions have fostered wisdom and morality, have shaped individuals and groups, yet their teachings have shown few outward signs of success because their loftiest ideals have rarely been put fully into practice. For the Club of Rome to appeal to inherited wisdom was a momentous step; it was an appeal to our global religious and philosophical heritage, but also to the task of analysing the powers of spirituality for contemporary society and culture, and to discern the different cultural and historical expressions of spirituality whilst assessing their significance for contemporary ecological thinking and concerns. More recently, the American ecological thinker Thomas Berry, much shaped by his deep knowledge of American native traditions, of eastern religions, and the work of the French thinker Pierre Teilhard de Chardin, also spoke about the need to draw on the resources of wisdom in his seminal book The Great Work. Our Way into the Future. The great work, which is the work of all the people, is “to create a mutually enhancing mode of human dwelling on the planet Earth”. Thomas Berry speaks of the need to rediscover the spiritual sense of the universe and the need “to reinvent the human”. To create a viable earth community, to develop the new world vision required for building a viable human future, the politics, education and financial arrangements around the globe – or governance, universities and corporations – need fundamental restructuring. This task is impossible to achieve if humankind does not creatively draw on what Berry calls the “four wisdoms”: 1. the wisdom of the classical traditions, that is to say the wisdom of traditional religions and philosophies; 2. the wisdom of native peoples; 3. the wisdom of women; 4. the much more recent and newer wisdom of science. This is a profound insight, for we have so far little explored the spiritual resources of science and nature. The convergence of traditional spiritual perspectives of a religious consciousness with some of the spiritual insights that modern science yields is a truly exciting development for human consciousness and community. So how can we relate ecology, spirituality and our global religious heritage

A Summary Evaluation of the Taft-Hartley Act

AFTER ten years of Taft-Hartley, it is time to look back; but looking back can be a deadly indulgence. If we seek to justify our past, or if we long to return, we can like Lot\u27s wife be turned to a pillar of salt standing helpless on the desert. Our backward glance is deadening unless we look through the past to see guidelines for the future. Our appraisal must be more than a judgment of whether the Act has succeeded or failed it must give us wisdom to go forward. It should give us greater insight as to future steps in the development of labor law. The Act has remained substantially unchanged for ten years. This does not prove its validity, but may only demonstrate the obstacles to legislating in the field of labor-management relations. Certain defects in the statute and the need for clarifying or corrective legislation have been painfully obvious. The thicket of words in Section 8(d) which purports to define the duty to bargain has baffled the Board and the courts for ten years; the latent vacuity of Section 301, which allows suits for breach of contracts, was laid bare by the Supreme Court in the Westinghouse case; the disruptive impact of the closed shop provisions on the building trades has been uniformly recognized; the wishful optimism of the cession clause in Section 10(a) produced a foreboding fear of a no-man\u27s land between federal and state power, and now the Supreme Court\u27s barbed wire entanglements have made that fear a reality. In spite of all these patent defects, political pressures have brought no corrective action but only legislative paralysis. In this area the interests are so strong and so deeply held that the gradual evolving of legislation is impossible. We do not move by small steps but rather by sporadic leaps. The last ten years have emphasized the need to legislate with the greatest care and foresight, for even bad provisions may live long

Child Abuse Programme: What We're Learning November 2011

For the Child Abuse Programme, learning is not an isolated function or an end in itself. Learning is one of the strategies through which Oak Foundation can support improvements in programming and policy-making in the field of child sexual abuse and sexual exploitation. Ideally, learning combines evidence from practice and academic research and is enriched by the connection and interplay of both. In Oak's view, combining the rigour of academic thinking with the wisdom and experience of practitioners, and recognising expertise from both the north and the south, are key to the generation of credible, relevant and accessible learning.building and finding evidence of what intensions are most effective and used in different context is central to learning. Having evidence gives practitioners the evidence to scale up interventions or undertake advocacy to influence policies and practices. Through support to learning we hope to contribute to the development of evidence that resonates with and supports Oak's partners in their quest to implement effective programmes. Learning will help us better target our investments in the sector to positively impact the lives of children. our hope is that it also informs and strengthens the child protection sector as a whole. For Oak, this commitment to learning is reflected in three distinct strands of work:Framing and investing in learning through grants on priority issues identified with partners. These make up oak's learning agenda.Encouraging learning in other related priority areas that have emerged from over ten years of grant-making.Encouraging better monitoring and evaluation of all of the projects Oak supports, to contribute to the pool of practice-generated learning on sexual abuse and sexual exploitation of children

WISDOM: history and early demise - was it inevitable?

In 1989, the UK Medical Research Council (MRC) agreed that, if feasible, a randomized controlled trial to assess the long-term risks and benefits of hormone replacement therapy (HRT) was a priority. Feasibility work began in 1990 and demonstrated that a large-scale multicenter trial was possible. An application for funding for a main trial was submitted to MRC in 1993 and, after extensive review, funding was released in late 1996. Set-up work for the trial - the Women's International Study of long Duration Oestrogen after Menopause (WISDOM) - began in 1997 with recruitment in 1999. In October 2002, following the early discontinuation of one arm of the US Women's Health Initiative HRT trial, the MRC decided to stop the WISDOM trial. This article, by the principal UK investigators of WISDOM, sets out the background and history of the trial