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Articles 1 - 21 of 21
Full-Text Articles in Law
How To Cross-Train For Peak Lawyering, Heidi K. Brown
How To Cross-Train For Peak Lawyering, Heidi K. Brown
Articles & Chapters
No abstract provided.
A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews
A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews
Articles & Chapters
An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.
Johnny's In The Basement/Mixing Up His Medicine: Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin
Johnny's In The Basement/Mixing Up His Medicine: Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin
Articles & Chapters
Clinical legal education is both more exhilarating and more stressful than "traditional" legal education. It forces students to confront their pre-existing assumptions about the practice of law and the representation of clients (frequently, indigent and marginalized individuals), and it similarly forces them to integrate new doctrine, theory, and practice in a very different way than "regular" law classes demand.
Therapeutic jurisprudence considers the role of the law as a therapeutic agent, and examines all aspects of the legal system in an effort to determine whether it is operating therapeutically or anti-therapeutically, and suggests that legal decision-makers consider the potential impact …
For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin
For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA), causes us to reconceptualize state policies that mandate that all defendants in four categories - those being evaluated for competency to stand trial, those found permanently incompetent to stand trial under the Supreme Court's decision in Jackson v. Indiana, 406 U.S. 715 (1972), those being evaluated for insanity, and those found not guilty by reason of insanity - be treated and housed in …
A Law Of Healing, Michael L. Perlin
Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews
Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews
Articles & Chapters
South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …
Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews
Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews
Articles & Chapters
In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.
This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and solution …
Insider Guaranties In Bankruptcy: A Framework For Analysis, Marshall E. Tracht
Insider Guaranties In Bankruptcy: A Framework For Analysis, Marshall E. Tracht
Articles & Chapters
This article presents an economic analysis of insider guaranties in small business finance and bankruptcy, explaining their role in the panoply of legal and contractual devices used to control financial agency costs. It then uses this model to examine two areas of concern in the bankruptcy treatment of insider guaranties (the Deprizio preference problem and the enforceability of springing and exploding guaranties) and to explore some of the wider implications of insider guaranties for small business bankruptcy. Building on the fact that insider guaranties are typically used less to increase the assets available for repayment of the debt than to …
Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman
Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman
Articles & Chapters
This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …
Will Exploding Guaranties Bomb?, Marshall E. Tracht
Will Exploding Guaranties Bomb?, Marshall E. Tracht
Articles & Chapters
Springing and exploding guaranties - insider guaranties that will become due ifand when a borrower files for bankruptcy - have become popular as "bankruptcy-proofing" devices, yet there is little case law or literature on their enforceability. This article reviews the limited existing law on these bankruptcy-contingent guaranties and examines some of the arguments against their enforceabiltiy that can be expected to be made in the future.
Their Promises Of Paradise: Will Olmstead V. L.C. Resuscitate The Constitutional Least Restrictive Alternative Principle In Mental Disability Law, Michael L. Perlin
Their Promises Of Paradise: Will Olmstead V. L.C. Resuscitate The Constitutional Least Restrictive Alternative Principle In Mental Disability Law, Michael L. Perlin
Articles & Chapters
This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA) and endorsing an "integration mandate," forces us to reconsider the role of the "least restrictive alternative" in institutional mental disability law, and may serve to resuscitate and revitalize the constitutional foundations of that principle in this area of the law. In this context, Olmstead has the capacity to be the Supreme Court's most therapeutic mental disability law decision since that Court decided, in …
New York Metropolitan Area Lending Scorecard: 1998, Richard D. Marsico
New York Metropolitan Area Lending Scorecard: 1998, Richard D. Marsico
Articles & Chapters
No abstract provided.
Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard
Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused
Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused
Articles & Chapters
No abstract provided.
Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard
Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard
Articles & Chapters
No abstract provided.
The Future Debate On Multidisciplinary Practice In The United States, Sydney M. Cone Iii.
The Future Debate On Multidisciplinary Practice In The United States, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin
Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin
Articles & Chapters
No abstract provided.
Introduction (Symposium: Mutual Fund Regulation In The Next Millennium), Jeffrey J. Haas
Introduction (Symposium: Mutual Fund Regulation In The Next Millennium), Jeffrey J. Haas
Articles & Chapters
No abstract provided.
The Constitutional Canon: The Challenge Posed By A Transitional Constitutionalism (Symposium: The Canon(S) Of Constitutional Law), Ruti Teitel
Articles & Chapters
No abstract provided.
I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin
I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin
Articles & Chapters
Olmstead v. L.C., 119 S. Ct. 2176 (1999), qualifiedly affirming a decision that the Americans with Disabilities Act entitled plaintiffs - residents of Georgia State Hospital - to treatment in an "integrated community setting" as opposed to an "unnecessarily segregated" state hospital, potentially has the capacity to transform and revolutionize institutional mental disability law. Whether that potential is realized depends on multiple factors, especially the extent to which courts, legislatures and the public are willing to confront the extent to which sanism (an irrational prejudice of the same quality and character of other irrational prejudices that cause and are reflected …
The Constitutional Court Provides Succour For Victims Of Domestic Violence - S V Baloyi, Penelope Andrews
The Constitutional Court Provides Succour For Victims Of Domestic Violence - S V Baloyi, Penelope Andrews
Articles & Chapters
Focus - The Constitutional Court's 1999 Term