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5 Rutgers J.L. & Pub. Pol'y 283 (2008)
Shortly after
the birth of our nation, Congress enacted the Alien
Friends Act, which granted to President John Adams the power
to detain and deport aliens from any country deemed "dangerous to
the peace and safety of the United States” without affording
them
due process of law. After the riots and criminal
attacks
on prominent
public figures that took place subsequent to the end of World War I,
the government ordered various raids directed at deporting aliens who
sympathized with anarchist or communist ideals. In the wake
of the
attack on Pearl Harbor, President Franklin Roosevelt ordered the
internment of Japanese Americans in concentration camps with the
alleged purpose of guaranteeing national security. As part of
a
sweeping government effort to quell terrorism after 9/11, President
Bush signed an executive order allowing special military tribunals to
try foreigners suspected of committing such acts. As a
result, the
military facilities at Guantánamo Bay are being primarily
used as
prisons for the indefinite detention of non-citizens designated by
President Bush as enemy combatants. ...
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5 Rutgers J.L. & Pub. Pol'y 317 (2008)
With rates of
obesity and
related diseases on the rise, particularly in children, the time is
ripe to raise discussions about how our built and planned environments
can encourage not just youth, but people of all ages, to lead healthier
lifestyles. Criticism has long been raised that land use
policies
in the United States encourage the sprawling development of isolated,
single-use areas and foster automobile reliance, thereby removing
physical activity from the daily lives of children and
adults.
For a number of years, smart growth advocates have sought to encourage
a modernization of outdated zoning laws that have separated
incompatible land uses and that have led to sprawl and poorly
controlled development. More recently, the “active
living” movement has emerged as a subset of smart growth,
focusing on the linkages between health and our artificial
environment. The American Planning Association has identified
a
number of planning and zoning trends that interferewith active living
communities: ...
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5 Rutgers J.L. & Pub. Pol'y 361 (2008)
Health care
reform, particularly Medicare reform, is a central issue in
the 2008 presidential election. Candidates and voters are focused on
issues related to fees and access to physician care. The Medicare
system is divided into three main parts.
Part A is primarily related to hospital insurance. Part B is primarily
related to medical insurance. Part C provides alternatives to
Medicare’s traditional benefits package, including Medicare
Advantage, and Part D is related to drug coverage. The accompanying
visual scholarship addresses issues specifically under Medicare Part B.
It is designed to illustrate inequities associated with physician
reimbursement and patient premiums as well as the access concerns that
stem from those inequities. A longer article will explore potential
legislative solutions. ...
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5 Rutgers J.L. & Pub. Pol'y 372 (2008)
Governance of
the modern university is properly based upon a separation
of powers among its faculty, administrators, and legislative bodies.
This separation of powers is the university’s central
organizing idea, and the university’s version of an unwritten
constitutional principle. ...
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5 Rutgers J.L. & Pub. Pol'y 378 (2008)
Since the 1990s,
much of
Latin America has transitioned from an inquisitorial model of criminal
procedure to an adversarial model. This Herculean task, over a few
short years, has been part of the overall process facilitating the
return of democratic governance. In much of the region, countries like
Bolivia, Colombia, Ecuador and Paraguay, have labored to achieve this
transition, provide new transparent oral trials, improve judicial
administration, modernize legal education and build the rule of law.
There has been, unfortunately, a checkered record of success. Chile,
however, stands out as the one country that has now fully completed
this judicial reform, having implemented new oral trials in the
metropolitan capital of Santiago in July 2005. ...
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