Law Commons^™

Jury Consideration Of Parole, Fernand N. Dutile

Journal Articles

Under our system of criminal justice, a jury faces two basic decisions: the determination of guilt and, in many cases, the selection of an appropriate penalty for the convicted. In both instances the jurors' impressions of the parole system could be crucial. For example, the jury's notion—correct or incorrect—that the defendant will be eligible for parole very quickly if sentenced to prison may cause it to compromise on the issue of guilt. In cases where the jury has discretion in setting the penalty, this notion may seduce it into selecting the death penalty over life imprisonment.

There are additional problems …

The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes

Journal Articles

In the long history of Christendom, an Erastian view of the relation between Church and State has existed in tension with a High Church view. This paper explores the current state of our current shopworn Erastian-like church-state nexus and considers what forces may bring a more relevant and effective institutional High Church witness into being. The fact that the United States has an Erastian-like church-state relation is borne out in a line of cases involving the judicial resolution of intra-church disputes and the effect to be given the mandates of ecclesiastical authority. It is also borne out in legislative and …

Will Interviews, Young Family Clients And The Psychology Of Testation, Thomas L. Shaffer

Journal Articles

The psychology of testation—the human content in will interviewing and consequent "estate planning"—is a mixture of attitudes toward death, attitudes toward property, and attitudes toward giving. This article is an attempt to examine this human content in five specific lawyer-client settings. The clients are young married couples with small children; they are people to whom death would seem remote, whose property is skimpy and largely devoted to dependent support, and whose attitudes toward giving are likely to be narrowly focused on members of their immediate families.

The "Estate Planning" Counselor And Values Destroyed By Death, Thomas L. Shaffer

Journal Articles

Most lawyers would like to know more about how clients feel in law-office encounters with death, property, and giving. The immediate source of experience and information should be psychology-research psychology as well as therapeutic psychology. However, psychology has not concerned itself with the substance of the law; what is usually called "law and psychology" as an interdisciplinary area of study is confined to border areas-insanity as a criminal defense, testamentary capacity, civil commitment to mental institutions. The task of developing psychological models which reach the substance of law itself, and the dynamics of lawyer-client relationships, is one psychologists have not …

Comments On Powell V. Mccormick, Charles E. Rice

Journal Articles

Powell v. McCormack is an unfortunate decision, principally because the Supreme Court should never have exercised its jurisdiction over the case. The ruling, however, is chiefly open to criticism, not because it is demonstrably contrary to established rules of law, but because it runs counter to those less clearly articulated, and essentially precatory, admonitions of judicial restraint which are implicit in the separation of governmental powers. The crucial point is not the jurisdiction of the subject matter, the Speech or Debate Clause, the issue of mootness raised by Justice Stewart in dissent or the substantive merits of Adam Clayton Powell's …

Training The Trial Lawyer, William Burns Lawless

Journal Articles

Speaking at the dedication of the Stanford Law School in 1950, Mr. Justice Robert Jackson observed that "the unsolved problem of legal education is how to equip the law student for work at the bar of the court. . . ." He told his audience that the greatest opportunity for improvement in the legal profession, and where it is now most vulnerable on the score of performance, is its work in the trial courtroom. "It seems to me, that while the scholarship of the bar has been improving, the art of advocacy has been declining."

My report for 1968, as …

Notre Dame Law School--The Future, William Burns Lawless

Journal Articles

Dean William Lawless of the University of Notre Dame Law School summarizes the future for the Law School in this article. Dean Lawless states that it will be Christian in tone, it will stress moral values, it will be highly competitive, it will supply the profession with highly skilled lawyers, legislators, legal scholars, public defenders, and judges; in a word, it will train men and women who really care about the shape and structure of this country. The famous Notre Dame will-to-win will stir in the minds of its magnificent alumni practicing at the bar.