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They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin Jan 2013

They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …


Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon Jan 2013

Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon

Articles & Chapters

No abstract provided.


Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel Jan 2013

Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel

Articles & Chapters

One of the most complex and uncertain areas of international legal doctrine is how should international law deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining …


Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches And Specialized Community Integration, Heather Cucolo, Michael L. Perlin Jan 2012

Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches And Specialized Community Integration, Heather Cucolo, Michael L. Perlin

Articles & Chapters

The public’s panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense. The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment are often inaccurate and that meaningful treatment for this population is often unavailable and ineffective. Yet, society continues to …


What We Are Learning, Stephen Ellmann Jan 2012

What We Are Learning, Stephen Ellmann

Articles & Chapters

No abstract provided.


His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin Jan 2009

His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin

Articles & Chapters

The robust debate over neuroimaging has highlighted a series of law-and-policy questions dealing primarily with reliability, admissibility and availability. When we consider the topic that I will be addressing in this paper - the impact of this evidence on juror decision-making in insanity defense cases - we need to recalibrate our focus so as to incorporate other questions that are as essential (most likely, more essential) to the resolution of the underlying dilemma: (1) to what extent will such evidence - apparently, less inherently easy to falsify - have on jurors whose inherent suspicion of mental state opinion testimony is …


Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer Jan 2009

Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer

Articles & Chapters

No abstract provided.


Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman Jan 2008

Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman

Articles & Chapters

No abstract provided.


Ain't No Goin' Back: Teaching Mental Disability Law Courses Online, Michael L. Perlin Jan 2007

Ain't No Goin' Back: Teaching Mental Disability Law Courses Online, Michael L. Perlin

Articles & Chapters

No abstract provided.


Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen Jan 2007

Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen

Articles & Chapters

No abstract provided.


Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel Jan 2007

Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel

Articles & Chapters

No abstract provided.


Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair Jan 2006

Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.


Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger Jan 2005

Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger

Articles & Chapters

No abstract provided.


Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck Jan 2005

Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck

Articles & Chapters

Trust is the foundation of society for without trust, we cannot

cooperate. Trust, in turn, depends upon secure, reliable, and persistent

identity. Cyberspace is thought to challenge our ability to build trust

because the medium undermines the connection between online

pseudonym and offline identity. We have no assurances of who stands

behind an online avatar; it may be one person, it may be more, it may be a

computer. The legal debate to date has focused exclusively on the question

of how to maintain real world identity in cyberspace. But new "social

software" technology that enables communities from eBay to …


In Memoriam, W. Bernard Richland, Ross Sandler Jan 2004

In Memoriam, W. Bernard Richland, Ross Sandler

Articles & Chapters

No abstract provided.


Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin Jan 2000

Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin

Articles & Chapters

No abstract provided.


The Art Of The Fact, Jethro K. Lieberman Jan 1999

The Art Of The Fact, Jethro K. Lieberman

Articles & Chapters

No abstract provided.


In Affectionate Memory Of Professor Myres Mcdougal: Champion For An International Law Of Human Dignity (Tribute), Lung-Chu Chen Jan 1999

In Affectionate Memory Of Professor Myres Mcdougal: Champion For An International Law Of Human Dignity (Tribute), Lung-Chu Chen

Articles & Chapters

No abstract provided.


The Creation Of South Africa's Constitution: Introduction, Stephen J. Ellmann Jan 1997

The Creation Of South Africa's Constitution: Introduction, Stephen J. Ellmann

Articles & Chapters

No abstract provided.


Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer Jan 1993

Snips And Snails And Puppy Dogs’ Tails, That’S What Little Boys Are Made Of. Book Reviews Of American Manhood: Transformations In Masculinity From The Revolution To The Modern Era, By E. Anthony Rotundo, And Power At Play: Sports And The Problem Of Masculinity, By Michael A. Messner, Carlin Meyer

Articles & Chapters

No abstract provided.


Foreword: The New York Law School Centennial Conference In Honor Of Justice John Marshall Harlan, James F. Simon Jan 1991

Foreword: The New York Law School Centennial Conference In Honor Of Justice John Marshall Harlan, James F. Simon

Articles & Chapters

No abstract provided.


Just The Facts: The Field Code And The Case Method, William P. Lapiana Jan 1991

Just The Facts: The Field Code And The Case Method, William P. Lapiana

Articles & Chapters

No abstract provided.


Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin Jan 1990

Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin

Articles & Chapters

No abstract provided.


Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger Jan 1988

Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger

Articles & Chapters

No abstract provided.


Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii. Jan 1986

Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii.

Articles & Chapters

This paper discusses United States government trade policy and the regulation of foreign lawyers. Although the expression "trade policy" implies a settled course of action adopted and followed by the United States government, in the area of legal services the formulation of government trade policy has been a rather fortuitous occurrence. Further, while the term "regulation," particularly in the context of the legal profession, suggests a recognizable and ordered system, the rules and procedures for the regulation of foreign lawyers in various jurisdictions do not fall readily into any pattern; instead they appear to be quite random. The regulation of …


Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman Jan 1986

Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman

Articles & Chapters

No abstract provided.


A Comment On Style: The Elevator As Metaphor, James Brook Jan 1985

A Comment On Style: The Elevator As Metaphor, James Brook

Articles & Chapters

No abstract provided.


In Memoriam: James Pierce Kibbey, Gerald Korngold Jan 1983

In Memoriam: James Pierce Kibbey, Gerald Korngold

Articles & Chapters

No abstract provided.