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Articles 1 - 30 of 72
Full-Text Articles in Law
Civility Reboot: Can Lawyers Learn To Be Nicer To One Another, Heidi K. Brown
Civility Reboot: Can Lawyers Learn To Be Nicer To One Another, Heidi K. Brown
Articles & Chapters
No abstract provided.
Training Powerful Legal Communicators: What Does The Future Hold, Nicholas W. Allard, Heidi K. Brown
Training Powerful Legal Communicators: What Does The Future Hold, Nicholas W. Allard, Heidi K. Brown
Articles & Chapters
No abstract provided.
Talented But Overlooked, Heidi K. Brown
Talented But Overlooked, Heidi K. Brown
Articles & Chapters
We should transform hiring and mentoring of introverted lawyers.
Cleaning Out The Statutory Junk, David Schoenbrod
Cleaning Out The Statutory Junk, David Schoenbrod
Articles & Chapters
“Statutory junk” is my term for the mishmash of statutory commands to administrative agencies that have accumulated over the decades and now are having unintended consequences. Enforceable in a court of law, even a few words of statutory junk can thwart a statutory purpose or impose unnecessary burdens on the public. Unfortunately, Congress typically fails to protect us from the statutory junk. I propose a series of solutions to make Legislators discard legislative trash.
Can The Rule Of Law Survive Trump?, Rebecca Roiphe
Can The Rule Of Law Survive Trump?, Rebecca Roiphe
Other Publications
This post originally appeared on https://www.nybooks.com/daily/2018/06/01/can-the-rule-of-law-survive-trump/
South Africa’S Historic Silicosis Class Action: Why The Settlement Matters, Penelope Andrews
South Africa’S Historic Silicosis Class Action: Why The Settlement Matters, Penelope Andrews
Other Publications
No abstract provided.
Stuck In Neutral: The Americans With Disabilities Act And The State Of Paratransit Service In New York City, Britney Wilson
Stuck In Neutral: The Americans With Disabilities Act And The State Of Paratransit Service In New York City, Britney Wilson
Articles & Chapters
No abstract provided.
Inclusive Legal Writing, Heidi K. Brown
Jail Time For South African Woman Using Racist Slur Sets New Precedent, Penelope Andrews, Chantelle Feldhaus, René Koraan
Jail Time For South African Woman Using Racist Slur Sets New Precedent, Penelope Andrews, Chantelle Feldhaus, René Koraan
Other Publications
No abstract provided.
Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe
Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe
Articles & Chapters
As the investigation into President Trump's campaign ties to Russia grows increasingly intense, it is critical to understand how much control the President has over the Attorney General and the Department of Justice. Some critics claim that the President has absolute power to direct federal prosecutors and control their decisions. The President and his lawyers, joined by several scholars, take this claim one step further by arguing that the chief executive could not be guilty of obstruction of justice because his control over all prosecutorial decisions is absolute. This issue last arose during the Nixon Administration. The Department of Justice …
Are Anti-Bullying Laws Effective?, Ari Ezra Waldman
Are Anti-Bullying Laws Effective?, Ari Ezra Waldman
Articles & Chapters
Since 2010, when several high profile bullying-related suicides brought bullying and cyberharassment into the national consciousness, all 50 states have passed laws that address bullying among the nation’s youth. This essay is the first in a series of three projects on federal, state, municipal, and individual school approaches to bullying. There are only 4 published studies on the relationships between law and bullying rates. This Essay adds several features to the discourse. It offers a comprehensive analysis of the contents of state anti-bullying laws, using a 16-item list of guidelines from the United States Department of Education as a frame. …
My Brain Is So Wired; Neuroimaging's Role In Competency Cases Involved Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch
My Brain Is So Wired; Neuroimaging's Role In Competency Cases Involved Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch
Articles & Chapters
In this article, we consider the therapeutic jurisprudence implications of the use of neuroimaging techniques in assessing whether a defendant is competent to stand trial, a topic that has been the subject of no prior legal commentary. Recent attention paid to neuroscience in the criminal process has focused on questions of mitigation and competency to be executed, but the potential of such evidence transcends these areas.
There has been almost no attention paid to its potential impact on a critical intersection between the criminal trial process and inquiries into mental or psychological status: a defendant’s trial competency. Less than a …
'The Pain I Rise Above': How International Human Rights Can Best Realize The Needs Of Persons With Trauma-Related Mental Disabilities, Mehgan Gallagher, Michael L. Perlin
'The Pain I Rise Above': How International Human Rights Can Best Realize The Needs Of Persons With Trauma-Related Mental Disabilities, Mehgan Gallagher, Michael L. Perlin
Articles & Chapters
No abstract provided.
Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin
Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin
Articles & Chapters
This paper is an expansion of a presentation given by the author at the annual Therapeutic Jurisprudence Workshop at Osgoode Hall Law School, York University, Toronto, Ontario, Canada, October 15, 2016. There is a developing robust literature about mental health courts (MHCrts) in the United States, and researchers have begun to focus on a broad range of empirical issues, such as the extent to which defendants are competent to waive their trial rights in such settings, the significance of diversion, etc. Also, advocates and other scholars have engaged in vigorous debates about the value of these courts, and the extent …
Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson
Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson
Articles & Chapters
The Immigration court is the wrong forum to consider the protection needs of migrant children. Worse still, our multiple agencies that adjudicate parts of children’s cases combined with the rapidly shifting policies are causing administrative chaos for the children and the system.
Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson
Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson
Articles & Chapters
No abstract provided.
Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna
Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna
Articles & Chapters
his essay is a call to action for transactional lawyers looking to support vulnerable immigrants through non-litigation means. By providing a snapshot of an especially precarious time in history for immigrants in the U.S.—the period immediately after the 2016 presidential election—the essay illustrates future areas of opportunity for transactional attorneys.
On Desolation Row: The Blurring Of The Borders Between Civil And Criminal Mental Disability Law, And What It Means To All Of Us, Michael L. Perlin, Deborah Dorfman, Naomi Weinstein
On Desolation Row: The Blurring Of The Borders Between Civil And Criminal Mental Disability Law, And What It Means To All Of Us, Michael L. Perlin, Deborah Dorfman, Naomi Weinstein
Articles & Chapters
One of the great tensions of mental disability law is the unresolved, trompe d’oeil question of whether it is a subset of the civil law, of the criminal law, or something entirely different. The resolution of this question is not an exercise in formalism or pigeonholing, but is critical to an understanding of the future direction of mental disability law, the deeper meaning of US Supreme Court cases and important state legislative initiatives, and the whole array of hidden issues and agendas that lurk under the surface of mental disability law-decision making. As mental disability law has matured, a dual …
Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard
Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard
Other Publications
No abstract provided.
Another Victory For Married Lesbian Parents, Arthur S. Leonard
Another Victory For Married Lesbian Parents, Arthur S. Leonard
Other Publications
No abstract provided.
What Authorizes The Image? The Visual Economy Of Post-Secular Jurisprudence, Richard Sherwin
What Authorizes The Image? The Visual Economy Of Post-Secular Jurisprudence, Richard Sherwin
Articles & Chapters
In law’s visual economy our commitment to justice grows out of a renewed encounter with an interior libidinal source whose ongoing collective investment binds us to the nomos in which we live. We experience this corporeal bond in paintings, films, and video images on screens large and small. In the ethically inflected aesthetic of post-secular jurisprudence, justice is to law as beauty is to art. As distant as an abstract expressionist canvas, as close as any neighbor, or indeed any screen on which the neighbor becomes real to us. That is where we behold the source and instantiation of law’s …
Distilling Fear, Heidi K. Brown
Moral Rights: The Anti-Rebellion Graffiti Heritage Of 5pointz, Richard H. Chused
Moral Rights: The Anti-Rebellion Graffiti Heritage Of 5pointz, Richard H. Chused
Articles & Chapters
No abstract provided.
Cancer's Ip, Jacob S. Sherkow
Cancer's Ip, Jacob S. Sherkow
Articles & Chapters
The state of publicly funded science is in peril. Instead, new biomedical research efforts — in particular, the recent funding of a “Cancer Moonshot” — have focused on employing public-private partnerships, joint ventures between private industry and public agencies, as being more politically palatable. Yet, public-private partnerships like the Cancer Moonshot center on the production of public goods: scientific information. Using private incentives in this context presents numerous puzzles for both intellectual property law and information policy. This Article examines whether—and to what extent — intellectual property and information policy can be appropriately tailored to the goals of public-private partnerships. …
Editorial: Special Focus On 'Dignity Takings And Dignity Restorations', Penelope Andrews
Editorial: Special Focus On 'Dignity Takings And Dignity Restorations', Penelope Andrews
Articles & Chapters
No abstract provided.
Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts, Heidi K. Brown
Applying Daubert To Flaubert: Standards For Admissibility Of Testimony Of Writing Experts, Heidi K. Brown
Articles & Chapters
No abstract provided.
'Your Old Road Is/Rapidly Agin': International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
An earlier version of this paper was presented as the Lynn Stuart Weiss lecture at the American Psychological Association yearly conference, sponsored by the American Psychology-Law Society and the American Psychology Foundation, August 2016, Denver, Colorado.
For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to another issue of international human …
Privacy, Notice, And Design, Ari Ezra Waldman
Privacy, Notice, And Design, Ari Ezra Waldman
Articles & Chapters
Design configures our relationship with a space, whether offline or online. In particular, the design of built online environments can constrain our ability to understand and respond to websites’ data use practices or it can enhance agency by giving us control over information. Design, therefore, poses dangers and offers opportunity to protect privacy online. This Article is a comprehensive theoretical and empirical approach to the design of privacy policies.
Privacy notices today do not convey information in a way understandable to most internet users. This is because they are designed without the needs of real people in mind. They are …
Designing Without Privacy, Ari Ezra Waldman
Designing Without Privacy, Ari Ezra Waldman
Articles & Chapters
In Privacy on the Ground, the law and information scholars Kenneth Bamberger and Deirdre Mulligan showed that empowered chief privacy officers (CPOs) are pushing their companies to take consumer privacy seriously, integrating privacy into the designs of new technologies. But their work was just the beginning of a larger research agenda. CPOs may set policies at the top, but they alone cannot embed robust privacy norms into the corporate ethos, practice, and routine. As such, if we want the mobile apps, websites, robots, and smart devices we use to respect our privacy, we need to institutionalize privacy throughout the corporations …
Contested Visions: The Value Of Systems Theory For Corporate Law, Tamara Belinfanti, Lynn A. Stout
Contested Visions: The Value Of Systems Theory For Corporate Law, Tamara Belinfanti, Lynn A. Stout
Articles & Chapters
Despite the dominant role corporations play in our economy, culture, and politics, the nature and purpose of corporations remains hotly contested. This conflict was brought to the fore in the recent Supreme Court opinions in Citizens United and Hobby Lobby. Although the prevailing narrative for the past quarter-century has been that corporations “belong” to shareholders and should pursue “shareholder value,” support for this approach, which has been justified as essential for managerial accountability, is eroding. It persists today primarily in the form of the argument that corporations should seek “long-term” shareholder value. Yet, as this Article shows, when shareholder value …