Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (8)
- Other Law (7)
- Criminal Law (4)
- Dispute Resolution and Arbitration (3)
- Law and Gender (3)
-
- Legal Education (3)
- Legal Ethics and Professional Responsibility (3)
- Contracts (2)
- Courts (2)
- Health Law and Policy (2)
- Legal Writing and Research (2)
- Legislation (2)
- Litigation (2)
- Medical Jurisprudence (2)
- Bankruptcy Law (1)
- Civil Rights and Discrimination (1)
- Criminal Procedure (1)
- Evidence (1)
- Family Law (1)
- First Amendment (1)
- Insurance Law (1)
- International Law (1)
- Judges (1)
- Jurisdiction (1)
- Labor and Employment Law (1)
- Law and Race (1)
- Legal Profession (1)
- Religion Law (1)
- Sexuality and the Law (1)
- Keyword
-
- SALT (4)
- Society of American Law Teachers (4)
- ADR Scholarship (3)
- Bankruptcy (3)
- Ethics (3)
-
- Federal (3)
- Professional responsibility (3)
- Arbitration (2)
- Assisted suicide (2)
- Binding (2)
- Child sexual abuse (2)
- Constitution (2)
- Criminal (2)
- Criminal law (2)
- Intent (2)
- Law (2)
- Physician assisted suicide (2)
- Right to die law (2)
- Second Amendment (2)
- ADR (1)
- Ad hoc tribunal (1)
- Adequate notice (1)
- Admissibility (1)
- Affirmative Action (1)
- Appeal (1)
- Arms (1)
- Article III (1)
- Attorney (1)
- Band (1)
- Bar Exam (1)
- Publication
- Publication Type
Articles 1 - 30 of 30
Full-Text Articles in Entire DC Network
Salt Equalizer, Vol. 1997, Issue 4, Society Of American Law Teachers
Salt Equalizer, Vol. 1997, Issue 4, Society Of American Law Teachers
SALT Equalizer
Contents of this issue:
Joyce Saltalamachia, Jim Jones to Receive 1998 SALT Teaching Award, at 1.
Michael Rooke-Ley, SALT Announces March and Rally in Support of Affirmative Action, at 1.
Linda S. Greene, President's Column, at 2.
Joyce Saltalamachia, SALT Board Meets in Washington, D.C., at 3.
Karen Czapanskiy, SALT Teaching Conference a Huge Success, at 4.
Sylvia A. Law, Law Professors as Political Activists, at 9.
SALT Events at the Annual AALS Meeting: San Francisco, at 11.
Resolution in Support of SALT C.A.R.E. March, at 12.
Lisa Ikemoto, "Don't Ask, Don't Tell" …
Salt Equalizer, Vol. 1997, Issue 3, Society Of American Law Teachers
Salt Equalizer, Vol. 1997, Issue 3, Society Of American Law Teachers
SALT Equalizer
Contents of this issue:
Sumi Cho, SALT Launches "Action Campaign" for Diversity, at 1.
Jane Dolkart, SALT Teaching Conference: "Reconceiving Legal Pedagogy: Diversity in Classroom, Clinic, Theory and Practice," at 1.
Linda S. Greene, President's Column, at 2.
1997-1998 SALT Calendar, at 3.
Margalynne Armstrong, Ninth Annual Critical Race Theory Workshop Endorses SALT Action Campaign, at 9.
Resolution in Support of the SALT C.A.R.E. March: "Communities Affirming Real Equality," at 10.
Salt Equalizer, Vol. 1997, Issue 2, Society Of American Law Teachers
Salt Equalizer, Vol. 1997, Issue 2, Society Of American Law Teachers
SALT Equalizer
Contents of this issue:
Keith Curtis, Cover Conference a Grand Success: A Report from the Tenth Annual Robert Cover Public Interest Law Conference in New Hampshire, at 1.
Joyce Saltalamachia, A Diverse SALT Board Moves Ahead on Several Fronts, at 1.
SALT's "Haywood" Conference Affirming Action and Reconstructing Merit, at 3.
Salt Equalizer, Vol. 1997, Issue 1, Society Of American Law Teachers
Salt Equalizer, Vol. 1997, Issue 1, Society Of American Law Teachers
SALT Equalizer
Contents of this issue:
Howard A. Glickstein, 1996-97 SALT Salary Survey, at 1.
SALT Membership, at 1.
The Supreme Court And Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia, David Orentlicher
The Supreme Court And Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia, David Orentlicher
Scholarly Works
No abstract provided.
Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin
Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin
Scholarly Works
No abstract provided.
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Scholarly Works
Courts and commentators have typically assumed that binding arbitration is both private and consensual, and that it therefore raises no constitutional concerns. This Article challenges both assumptions and goes on to consider arguments that arbitration agreements may unconstitutionally deprive persons of their right to a jury trial, to a judge, and to due process of law. The author argues first that courts' interpretation of seemingly private arbitration agreements may often give rise to "state action," particularly where courts have used a "preference favoring arbitration over litigation" to construe a contract in a non-neutral fashion. The author next draws on the …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in year 1997.
Insuring Domestic Tranquility: Lopez, Federalization Of Crime, And The Forgotten Role Of The Domestic Violence Clause, Jay S. Bybee
Insuring Domestic Tranquility: Lopez, Federalization Of Crime, And The Forgotten Role Of The Domestic Violence Clause, Jay S. Bybee
Scholarly Works
Lost in the discussions of the federalization of crime is the one clause in the Constitution that actually links Congress, the states, and the problem of local crime: the Domestic Violence Clause.
Long ignored by courts, the Domestic Violence Clause recognizes the primacy of the states in addressing domestic violence within their borders. It imposes on the federal government a duty to protect states against domestic violence, but only when states request assistance. The Domestic Violence Clause plays the role of a Tenth Amendment for crime. It is a reaffirmation of the enumerated powers doctrine and a promise of federal …
A Writer’S Board And A Student-Run Writing Clinic: Making The Writing Community Visible At Law Schools, Terrill Pollman
A Writer’S Board And A Student-Run Writing Clinic: Making The Writing Community Visible At Law Schools, Terrill Pollman
Scholarly Works
In this article the author explains institutional programs she has developed in response to a common problem, students’ frustrations with the limits of a law school’s legal writing program. The author proposes establishing a Writers’ Board, where members of the law school community who care most about legal research and writing training can work together to create opportunities for students to learn more. The Writers’ Board’s primary project is a Writing Clinic that offers diverse ways to improve legal research and writing on campus. Despite problems that are likely to arise when creating a Writers’ Board and Clinic, the author …
Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan
Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan
Scholarly Works
The Second Amendment is the black sheep of the constitutional family. Paralleling the Amendment's neglect and abuse by commentators is the curious onslaught of misinformation and fear in the public arena. In this Article, Professors McAffee and Quinlan begin the process of restoring the Second Amendment to its rightful place as an individual right enjoyed by the citizenry. Reviewing singular facets of the Second Amendment debate, including the relation between the Militia and Right to Arms Clauses, the meaning of “keep and bear,” the relevance of militia provisions today and the abandonment by the Supreme Court as an active participant …
Constitutional Limits On Regulating Private Militia Groups, Thomas B. Mcaffee
Constitutional Limits On Regulating Private Militia Groups, Thomas B. Mcaffee
Scholarly Works
Read in a historical context, the Second Amendment provides clear answers to only a few of the questions regarding the appropriate limits of state regulatory power to restrict organizing and training private militia groups. Moreover, a basic analysis of the original materials yields conclusions that may be disappointing to both critics and sympathizers of the private militia movement. Critics may be unhappy with the conclusion that the individual right to bear arms offers important protection to at least some activities of private militia members. Sympathizers may be equally disappointed with the conclusion that activities which include full-scale preparation for a …
On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley
On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley
Scholarly Works
As a general rule, extrinsic evidence, whether written or oral, is not admissible to prove either the intent of the parties to a contract or the meaning of contractual terms when the parties have executed an unambiguous, fully-integrated (i.e., final and all-inclusive) written agreement. The trial court may consider various types of extrinsic evidence, however, in determining whether a particular agreement is fully integrated or ambiguous, and even in choosing among rival interpretations of an agreement where ambiguity is not present. If the trial court determines that an agreement is not fully integrated, then the trier of fact may consider …
Without Narrative: Child Sexual Abuse, Lynne Henderson
Without Narrative: Child Sexual Abuse, Lynne Henderson
Scholarly Works
No abstract provided.
Suppressing Memory, Lynne Henderson
The Self-Graded Draft: Teaching Students To Revise Using Self-Critique, Mary Beth Beazley
The Self-Graded Draft: Teaching Students To Revise Using Self-Critique, Mary Beth Beazley
Scholarly Works
In this article, Professor Beazley first explains why the predictability of legal documents, legal writers, and legal readers makes an objective method of self-critique particularly useful in legal writing. She then discusses how she designs self-grading guidelines and explains various methods for incorporating the self-grading process into a legal writing course. Finally, she addresses some of the challenges she faced when assigning the self-graded draft to students, and discusses ways to deal with these challenges. In appendixes, Professor Beazley included two samples of self-graded draft guidelines for use in a three-draft Memorandum Assignment, as well as a short illustration of …
The Legalization Of Physician-Assisted Suicide: A Very Modest Revolution, David Orentlicher
The Legalization Of Physician-Assisted Suicide: A Very Modest Revolution, David Orentlicher
Scholarly Works
No abstract provided.
Representing Black Male Innocence, Joan W. Howarth
Representing Black Male Innocence, Joan W. Howarth
Scholarly Works
This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.
The second part uses the case to investigate …
Teaching In The Shadow Of The Bar, Joan W. Howarth
Teaching In The Shadow Of The Bar, Joan W. Howarth
Scholarly Works
This Essay is a memorial tribute to Professor Trina Grillo. Trina took seriously what many of us know but find too hard to remember: the student who is academically disqualified or who fails the bar examination might be the most brilliant in the class or the most needed within the profession. When we conceive of the bar exam as a particularly grueling and potentially unfair rite of passage between law school and the practice of law, we collude in hiding the pervasive and often negative power of the bar exam. The bar examination permeates and controls fundamental aspects of legal …
Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport
Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport
Scholarly Works
This article attempts to devise an appropriate instrument to determine whether bankruptcy lawyers in Columbus, Ohio are able to identify potential conflicts of interest in bankruptcy cases. Although the article is unable to develop an appropriate instrument, it does discuss why the survey method is not appropriate for this type of study.
Ethics: Is Disinterestedness Still A Viable Concept? A Roundtable Discussion, Nancy B. Rapoport
Ethics: Is Disinterestedness Still A Viable Concept? A Roundtable Discussion, Nancy B. Rapoport
Scholarly Works
The transcript of a panel discussion about disinterestedness among Prof. John D. Ayer, the Hon. Charles N. Clevert, the Hon. Joel Pelofsky, Bettina Whyte, and Nancy B. Rapoport.
Has The Dip's Attorney Become The Ultimate Creditors' Lawyer In Bankruptcy Reorganization Proceedings?, Nancy B. Rapoport, C. R. Bowles
Has The Dip's Attorney Become The Ultimate Creditors' Lawyer In Bankruptcy Reorganization Proceedings?, Nancy B. Rapoport, C. R. Bowles
Scholarly Works
This article discusses the issues facing the lawyer for the estate in a bankruptcy case. It debunks the idea that the lawyer for the estate represents any single constituency, and it tries to redefine the fiduciary duties that the estate lawyer has to the bankruptcy estate.
The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley
Scholarly Works
In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …
Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel
Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel
Scholarly Works
Related to the problem of the false dichotomy is the formalist application of the either/or construct. If, for example, one adopts as a first premise the view that mediation is by definition non-evaluative, and then rigidly applies this premise to issues of appropriate mediator behavior, the result is a formalist system that permits mediators little or no leeway to depart from the non-evaluative style. This sort of regulatory regimen may satisfy the non-evaluative ethos of some mediation scholars, but it does so at the risk of becoming a rigid system that prevents mediators from taking practical actions most appropriate to …
Gateway Widens Doorway To Imposing Unfair Binding Arbitration On Consumers, Jean R. Sternlight
Gateway Widens Doorway To Imposing Unfair Binding Arbitration On Consumers, Jean R. Sternlight
Scholarly Works
Hill v. Gateway, is but the most extreme example of a series of court decisions that allow large companies to impose potentially unfair binding arbitration agreements on unwitting consumers. The outcome in Gateway, however, is questionable on federal statutory, common law, and constitutional grounds.
Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley
Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley
Scholarly Works
Blood and tissue testing, especially DNA matching, have become important elements of both criminal and paternity or maternity litigation. Such scientific testing has become so important that it has taken on aspects that may cause it to benefit or to do harm to the judicial process or to any given case. This article focuses on the value and the dangers surrounding this interesting subject.
The 1995 Louisiana Supreme Court decision in Pace v. State reemphasized the importance of DNA testing generally and the significance of blood and tissue genetic testing used to exclude paternity. The advances in and importance of …
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Scholarly Works
The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …
The Equal Process Clause: A Note On The (Non)Relationship Between Romer V. Evans And Hunter V. Erickson, Jay S. Bybee
The Equal Process Clause: A Note On The (Non)Relationship Between Romer V. Evans And Hunter V. Erickson, Jay S. Bybee
Scholarly Works
In this Article, Professor Bybee uses the debate surrounding Romer v. Evans to reexamine the Supreme Court's decision in Hunter v. Erickson and the principle that a political majority may not restructure the political process to make it more difficult for a political minority to obtain favorable government action. Professor Bybee explains the questionable bases of Hunter and succeeding cases, and then turns to the Romer decision and discusses its incongruity with Hunter. After analyzing the meaning of Romer in light of Hunter and other “equal process” cases, Professor Bybee concludes that although the Court's analysis of Colorado's Amendment …
Ulysses At The Mast: Democracy, Federalism, And The Sirens' Song Of The Seventeenth Amendment, Jay S. Bybee
Ulysses At The Mast: Democracy, Federalism, And The Sirens' Song Of The Seventeenth Amendment, Jay S. Bybee
Scholarly Works
One of the most remarkable aspects of the Constitution is the manner in which it marbles together people and states. By ratifying the Constitution, the states agreed to cede a portion of their sovereignty to a new entity, the ‘United States.’ The states granted to Congress their collective powers to impose taxes, incur debt, issue coin and securities, regulate commerce among the states and with other sovereigns, and control the engines of war. The states further relinquished their rights to act as independent sovereigns and enter into treaties with foreign countries, coin money, grant titles of nobility, and wage war. …
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Scholarly Works
This article addresses whether the Constitution protects a sitting President from indictment. The text of the Constitution is not clear on this question as it might be, but it is clear enough. No court has ever addressed the question of the President’s amenability to criminal charges, although the courts have considered the related question of whether federal judges can be subjected to criminal charges. Those courts have answered that judges and other officials are subject to criminal prosecution while in office. Congress has implicitly approved this conclusion in its passage of the Ethics in Government Act with its provision for …