Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
Youth Justice In A Unified Court: Response To Critics Of Juvenile Court Abolition, Janet Ainsworth
Youth Justice In A Unified Court: Response To Critics Of Juvenile Court Abolition, Janet Ainsworth
Faculty Articles
In this article, Professor Ainsworth argues that a unified criminal justice system is preferable to our present two-tiered adult-juvenile court system. In fact, she contends that the cultural and ideological assumptions that underpin the current two-tiered justice system not only engender many of the serious shortcomings of the juvenile justice system, but also serve to exacerbate the very policies and practices of the adult criminal justice system that make it so abhorrent to defenders of the juvenile court. Critics of juvenile court abolitionists thus miss the point when they argue that juveniles would be worse off than they are at …
Dough, Re, Me: The Scale Of Justice (A Descant For Entering First-Year Law Students), Kelly Kunsch
Dough, Re, Me: The Scale Of Justice (A Descant For Entering First-Year Law Students), Kelly Kunsch
Faculty Articles
In his own inimitable style, Mr. Kunsch reengineers the well-known "Do Re Mi "from The Sound of Music to help introduce new law students to the legal profession.
Human Rights In Theory And Practice: A Review Of On Human Rights, Ronald Slye
Human Rights In Theory And Practice: A Review Of On Human Rights, Ronald Slye
Faculty Articles
One of the most important issues facing the international human rights movement is the claim that human rights values are universal and not culturally specific, and thus can be used to understand, evaluate, and influence global actors. This claim has obvious political and philosophical dimensions. That the concept of international human rights is being taken seriously by both governmental and nongovernmental actors is a sign of the importance of human rights today. The number of countries ratifying the basic international human rights treaties has reached an all-time high. Nevertheless, current events are drawing into question the universality and efficacy of …
On Comparing Apples And Oranges: The Judicial Clerkship Selection Process And The Medical Matching Model, Annette E. Clark
On Comparing Apples And Oranges: The Judicial Clerkship Selection Process And The Medical Matching Model, Annette E. Clark
Faculty Articles
In this article, Professor Clark joins the debate over whether the federal judiciary should utilize the medical matching model to reform the judicial clerk selection process. She analyzes the medical experience with the residency match in order to detail the ways in which proponents of a judicial clerk match have overstated the benefits, underestimated the costs, and overlooked the differing and potentially conflicting interests of judges and clerkship applicants in the selection process. Professor Clark concludes that reform of the judicial clerk selection process should be guided by a realistic appraisal of the costs and benefits of a matching system.
Jacques Of All Trades: Derrida, Lacan, And The Commercial Lawyer, Sidney Delong
Jacques Of All Trades: Derrida, Lacan, And The Commercial Lawyer, Sidney Delong
Faculty Articles
Professor DeLong’s article provides humorous advice for legal professors on how to apply deconstructionist and post-Freudian theory to commercial law classes. Professor DeLong explains that the key to the successful integration of postmodern thought into your own scholarship is stunningly simple: all you have to do is not care whether you really get it right. He describes how you too will soon be turning out articles like "The Social Construction of Cowness in the Packers and Stockyards Act," or "Silencing the Lambs: Narratives of Loss and Evisceration in the Packers and Stockyards Act," or "Cattle Prods and Cutting Pens: A …
On The Need For Asian American Narratives In Law: Ethnic Specimens, Native Informants, Storytelling And Silences, Margaret Chon
On The Need For Asian American Narratives In Law: Ethnic Specimens, Native Informants, Storytelling And Silences, Margaret Chon
Faculty Articles
The race-ing process that leads to the "ethnic specimen" as well as to the resulting problems of the "native informant" deserves theoretical attention, for they affect how legal categories are constructed with respect to Asian Americans. This article attempts to expand on each of these phenomena. In part II, the author describes in more detail the concept of the "ethnic specimen" and in part III, the "native informant." Part III will also explore the various forms of silence, as well as other aspects of reticence the author and others have in the project of articulating an Asian American authentic native …
And Then Suddenly Seattle University Was On Its Way To A Parallel, Integrative Curriculum, John B. Mitchell, B. Hollingsworth, P. Clark, R. Lidman
And Then Suddenly Seattle University Was On Its Way To A Parallel, Integrative Curriculum, John B. Mitchell, B. Hollingsworth, P. Clark, R. Lidman
Faculty Articles
This is a story of change so sudden that it surprised even those who most fervently sought it. For nearly a decade, Seattle University School of Law has offered an extensive typical skills curriculum. All students are involved in an intensive two year writing program. The simulated Comprehensive Pretrial and Trial Advocacy Program trains over 150 students a year, while in the Law Practice Clinic, 60 students a year represent domestic and criminal clients. Course offerings that fill out the lawyering skills supports are offerings such as ADR, Negotiations, and Appellate Advocacy, along with judicial and public service externships and …
Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud
Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud
Faculty Articles
This article explores the practice of the superior judiciary of Pakistan as it relates to freedom of religion and rights of religious minorities. Pakistan's successive constitutions, which guarantee fundamental rights and provide for separation of powers and judicial review, contemplate judicial protection against unlawful executive and legislative actions. The record of Pakistan's judiciary about protection of the rights of religious minorities is uneven and has gone through three phases. The first phase is remarkable for unequivocal protection of freedom of religion and religious minorities. The second phase contracted this protection through undue deference to the legislature. In the last phase …
Juvenile Detention Law In The District Of Columbia: A Practitioner’S Guide, Paul Holland, John Copacino, Milton Lee
Juvenile Detention Law In The District Of Columbia: A Practitioner’S Guide, Paul Holland, John Copacino, Milton Lee
Faculty Articles
On each and every day of the year (excluding Sundays), children are presented for an initial hearing in the Family Division, Juvenile Branch of the Superior Court of the District of Columbia. Because of unusually broad and often misapplied preventive detention laws, children charged with property offenses such as theft, or status offenses such as truancy and ungovernability, are subject to detention for an indefinite period of time through summary procedures which do not adequately ensure the reliability of the detention decision. Because the detention of juveniles has become routine in superior court, its potential harm to the child is …
Sentencing Guidelines And Prosecutorial Discretion, David Boerner
Sentencing Guidelines And Prosecutorial Discretion, David Boerner
Faculty Articles
This article explores the topic of sentencing guidelines. Specifically, the author weighs the intended role of such guidelines against their role in actuality, noting the discrepancy between the two. The article concludes that it is up to the values and skill of those who implement the sentencing guidelines for their proper manifestation in the legislative process.
Whatever Happened To The Right To Treatment: The Modern Quest For An Historical Promise, Paul Holland, Wallace Mlyniec
Whatever Happened To The Right To Treatment: The Modern Quest For An Historical Promise, Paul Holland, Wallace Mlyniec
Faculty Articles
Since the creation of the first juvenile court in 1899, state training schools have been the primary place of confinement for children removed from their homes. In theory such places were supposed to be home-like and rehabilitative in their facilities and care. In reality they were usually impersonal, understaffed, unhealthy, and even dangerous institutions, devoid of rehabilitative programs. From the late 1960s to the early 1980s, advocates for children pursued legislative and other policy reforms. They argued that children in state institutions had both a statutory and constitutional right to treatment. In this context, the authors of this article reassess …