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Articles 1 - 9 of 9
Full-Text Articles in Law
Reforming Age Cutoffs, Govind C. Persad
Reforming Age Cutoffs, Govind C. Persad
Sturm College of Law: Faculty Scholarship
This Article examines the use of minimum age cutoffs to define eligibility for social insurance, public benefits, and other governmental programs. These cutoffs are frequently used but rarely examined in detail. In Part I, I examine and catalogue policies that employ minimum age cutoffs. These include not only Medicare and Social Security but also other policies such as access to pensions and retirement benefits, eligibility for favorable tax treatment, and eligibility for discounts on governmentally provided goods and services. In Part II, I examine different rationales underlying eligibility and discuss the imperfect fit between these rationales and the use of …
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
The article proceeds in four parts. Part I describes in more detail the work of Donileen Loseke, and Part II applies her methodology by taking stock of the constructs as they currently exist. Part III examines social science data available since Loseke published her study, demonstrating that the current construct reflects, in reality, only a subset of relationship violence and a subset of the people who experience it. Part IV examines whether the main service designed to help people experiencing relationship violence today—law—perpetuates, rather than challenges norms. I argue that it does the former, because legal decision makers, like the …
E-Legislating, K.K. Duvivier
E-Legislating, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The United States has been plagued with a deadlocked, “do nothing” Congress for the last several years, but today there is a new game in town. Senator Chris Dodd declared, when he first encountered the full force of e-legislating, “It’s a new day [in Washington]... Brace yourselves.” Digital technologies have fundamentally changed the relationship of citizens to their governments. Since e-democracy was first identified in the 1990s, at least four subcategories have emerged. This article debuts the newest member of the e-democracy family: e-legislating — the use of Internet and social media to influence federal legislation. The federal legislative process …
Fast-Food Government And Physician-Assisted Death: The Role Of Direct Democracy In Federalism, K.K. Duvivier
Fast-Food Government And Physician-Assisted Death: The Role Of Direct Democracy In Federalism, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Modern patients often enter a twilight zone of suspended animation between living and dying that did not exist a generation ago. The majority of Americans believe these terminal patients should have the right to refuse life support and to receive pain relief, even to the point of hastening death. Yet laws addressing the situation are unclear, and physician advocates, like Dr. Kevorkian of Michigan, have faced sanctions and jail time when they responded to patient requests for help to die peacefully. In its 2006 Gonzales v. Oregon decision, the U.S. Supreme Court shifted the physician-assisted death dilemma to the state-side …
Can I Call Kimura Crazy?: Ethical Tensions In The Cultural Defense, Rashmi Goel
Can I Call Kimura Crazy?: Ethical Tensions In The Cultural Defense, Rashmi Goel
Sturm College of Law: Faculty Scholarship
Using the tragic case of Fumiko Kimura as a back drop, the author discusses the impact of culture on defendants and argues for a client-centered approach that considers the client beyond the walls of their legal issue. The author concludes her article with a discussion of legal ethics, advocating for a more well rounded vision of the client that includes both legal and cultural interests.
Introduction Of Professor Derrick Bell At The 2003 Annual Meeting Of The Law And Society Association, Thomas D. Russell
Introduction Of Professor Derrick Bell At The 2003 Annual Meeting Of The Law And Society Association, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
Professor Bell was the plenary speaker at the 2003 annual meeting of the Law and Society Association, which took place in PIttsburgh, Pennsylvania. Professor Bell was a native of Pittsburgh as is the author of this introduction to his plenary speech.
By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier
By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In this age of the sound byte, a simplified "yes-or-no" choice is an appealing solution to complex questions. Although computer logic is founded upon such yes-or-no binary choices, nothing can be achieved through a single yes-or-no alternate. Multiple choices must be made to achieve resolution. On a synthesizer, for example, producing a single note requires fifteen to twenty binary choices. The fabric of a complete song emerges only with a myriad of yes-or-no choices. Ballot initiatives provide voters with a simple yes-or-no choice to respond to issues that have myriad approaches.' To reflect the full tap- estry of majority preferences, …
Providing Legal Services For The Poor: A Dilemma And An Opportunity, Robert M. Hardaway, Kay H. Paine, Jane P. Gill
Providing Legal Services For The Poor: A Dilemma And An Opportunity, Robert M. Hardaway, Kay H. Paine, Jane P. Gill
Sturm College of Law: Faculty Scholarship
This article serves as a report on the status of pro bono legal services programs in Colorado and the possible options available for attorney participation. It is hoped that this information will assist attorneys in examining their pro bono responsibilities and in seeking creative ways to turn these responsibilities into opportunities. Perhaps as background, the definition of pro bono should first be examined.
Legal And Medical Education Compared: Is It Time For A Flexner Report On Legal Education, Robert M. Hardaway
Legal And Medical Education Compared: Is It Time For A Flexner Report On Legal Education, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
The purpose of this Article is to explore the common elements of legal and medical education and to compare the reform movements in each profession, with a view toward finding an explanation for the widely differing conditions that exist today in the education of each profession. For example, why is it that medical education can provide facilities and training costing up to ten times that provided law students? Why do medical schools receive outside financial support paying up to 95% of the costs of medical education while law schools are supported primarily by tuition and fees? Why do medical students …