Law Commons^™

Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin

Dalhousie Law Journal

In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.

A Common Lawyer's Perspective On The European Perspective On Punitive Damages, Michael L. Wells

Louisiana Law Review

No abstract provided.

Convergence In Contort: Landlord Liability For Defective Premises In Comparative Perspective, Melissa T. Lonegrass

Journal Articles

No abstract provided.

“Wife Beating” And “Uninvited Kisses” In The Supreme Court And Society In The Early Twentieth Century, Elizabeth Katz

Studio for Law and Culture

This paper challenges the conventional narrative that domestic violence victims were ignored by both law and society in the early 1900s. It begins by questioning the dominant position a single Supreme Court tort case, Thompson v. Thompson, holds in the domestic violence discourse. Far from being a strong or unified statement in favor of family privacy or against battered women’s legal rights, the case was decided by a four-Justice majority that pointed victims toward two very public alternative remedies: divorces with alimony and criminal prosecutions. The paper then proceeds to evaluate whether these proffered remedies were available and sufficient. …

The Problem With Peremption, Sally Brown Richardson

Sally Brown Richardson

Peremption, in Louisiana law, is a mode of destroying rights due to nonuse. Though seemingly simple in definition, the application of peremption creates vast jurisprudential problems. The problems of peremption lie in the inequities the doctrine creates, its misapplication by courts, and the confusion it causes with other institutions that also temporally affect when a party may bring a cause of action. Given these issues, this article argues that the doctrine of peremption is in need of legislative overhaul and recommends four, alternative solutions to alleviate the identified problems. The article concludes by advocating for one of the particular legislative …

Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …

The Civil Government Litigator: A View From The Jury Box, Bruce A. Green, Karen Bergreen

Hofstra Law Review

This article examines the role and responsibilities of the government’s civil trial lawyers from the perspective of two jurors, one a law professor and the other a novelist and self-described recovering lawyer. It begins by telling the story of a trial in which the authors served as jurors: a personal-injury case brought against New York City by a tenant who claimed to have been injured when the ceiling of her city-owned apartment fell on her head. The article then explores the role of the city’s lawyer, whose performance failed to live up to the jury’s expectations. The article suggests that …

Access To Justice: Some Historical Comments, Lawrence M. Friedman

Fordham Urban Law Journal

This article sets out some preliminary thoughts on what "access to justice" might mean, and comment on how access to justice has fared historically.

Equality Before The Law And The Social Contract: When Will The United States Finally Guarantee Its People The Equality Before The Law That The Social Contract Demands?, Earl Johnson, Jr.

Fordham Urban Law Journal

Most European and several countries elsewhere in the world have recognized a right to counsel in many or most civil cases for as long as decades or even centuries - and many of these countries are willing to spend, proportionately, anywhere from three to twelve times as much of their national income as the U.S. currently does on the provision of counsel to their lower income populations in civil cases. This Article examines how courts around the world have interpreted the constitutional provisions emanating from the theory that underpins the right to equality before the law and why these decisions …

Access To Justice In A World Of Expanding Social Capability, Marc Galanter

Fordham Urban Law Journal

"Access to Justice" was one of a set of intellectual triplets that appeared in the 1970s; its siblings were the dispute perspective in legal studies and the Alternative Dispute Resolution (ADR) movement. This article describes the evolution of access to justice and its companions and explores their expanding frontiers in the modern world.

Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman

Fordham Urban Law Journal

The 2008 ABA Section of Litigation conducted a symposium designed to explore the challenges inherent in creation of a civil right to counsel and to generate critical though, dialogue, and scholarship on the subject.

Representation In Mediation: What We Know From Empirical Research, Roselle L. Wissler

Fordham Urban Law Journal

This Article first describes the proportion of unrepresented parties in mediation and the policies and practices regarding representation in different mediation contexts. The core of the Article examines the empirical findings on the effect of representation on several dimensions of the mediation process, including the effect on preparation for mediation, party perceptions of the fairness of the process and pressures to settle, the extent of party "voice" and participation in mediation, and the tone of the session. In addition, the Article examines the effect of representation on mediation outcomes, including the likelihood of settlement and the fairness of agreements reached. …

The Shadow Of State Secrets, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The shadow of state secrets casts itself longer than previously acknowledged. Between 2001 and 2009 the government asserted state secrets in more than 100 cases, while in scores more litigants appealed to the doctrine in anticipation of government intervention. Contractor cases ranged from breach of contract, patent disputes, and trade secrets, to fraud and employment termination. Wrongful death, personal injury, and negligence suits kept pace, extending beyond product liability to include infrastructure and services, as well as conduct of war. In excess of fifty telecommunications suits linked to the NSA warrantless wiretapping program emerged 2006-2009, with the government acting, variously, …

Reconciling The Sovereignty Of Indian Tribes In Civil Matters With The Montana Line Of Cases, Douglas B. L. Endreson

Villanova Law Review

No abstract provided.

Laying To Rest An Ancien Regime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet

Christopher K. Odinet