Law Commons^™

Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich

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The neighborhood collaborative planning movement has an important role to play in efforts to remake American cities. This article begins by defining neighborhood collaborative planning which centers around the importance of resident participation in decisions affecting their community. The article explains how neighborhood collaborative planning is a useful way for residents to take part in governmental decision making, particularly in large cities where distance and complexity of the governmental process may make it difficult for ordinary citizens to participate. Next, it outlines the roles that lawyers and community organizer serve under the two strategies used to foster neighborhood collaborative planning, …

Structuring The Financial Service Conglomerates Of The Future: Does The Choice Of Corporate Form To House New Financial Activities Of National Banks Matter?, Constance Z. Wagner

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The Gramm-Leach-Bliley Act became law on November 12, 1999, bringing to an end a twenty year effort to expand bank powers by amending the Glass-Steagall Act and the Bank Holding Company Act of 1956. Although styled as banking reform legislation, the new law will have a wide ranging impact on the financial services industry generally. A wave of merger activity will likely occur in this industry because many of the legal restrictions on bank affiliations with other financial services providers have been removed. An end result of the new legislation will be the creation of financial services conglomerates offering a …

Another Attack On The Fast Track, Constance Z. Wagner

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Although the Congressional fight over the North American Free Trade Agreement (NAFTA) may have ended when the NAFTA Implementation Act passed by a narrow margin, the controversy surrounding NAFTA has not. In Made in the USA Foundation v. United States, the United Steel Workers of American and others asserted that NAFTA was void because it had been approved as a congressional-executive agreement when it should have been approved as a treaty under Article II, Clause 2 of the U.S. constitution. The author discusses the constitutional law issue raised by the lawsuit, namely the validity of the long-standing U.S. practice of …

Health Care Divided: Race And Healing A Nation, Sidney D. Watson

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Race matters. Race—particularly racial segregation—casts a pervasive shadow over the organization of American health care. It influences the ownership and governance of institutional providers. It helps account for the high cost of health care in the United States. It contributes to America’s abysmal health status, among the worst of the industrialized world. It is reflected, in part, in the lack of national health insurance. So David Barton Smith begins this book, a book he describes as the story of “a divided nation, a divided health care system, and the uncompleted journey to heal both.”[1]

Most of us are not comfortable …

Can The Vice President Preside At His Own Impeachment Trial?: A Critique Of Bare Textualism, Joel K. Goldstein

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Turn the clock back for a moment to August 1973. In the midst of the burgeoning Watergate scandal, the nation discovered that Vice President Spiro T. Agnew was being investigated for allegedly accepting bribes from contractors, and for committing tax fraud while Governor of Maryland and Vice President. The investigation, by attorneys in the United States Attorneys Office in Maryland, ultimately gathered sufficient evidence to present to a grand jury. To avoid the spectre of likely indictment and prosecution, Agnew elected to resign his office and plead nolo contendere.[1]

But suppose Agnew had decided not to go quietly.[2] Instead of …

The Urban Housing Issues Symposium: Interdisciplinary Study In A Clinical Law & Policy, Peter W. Salsich

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This article describes the Urban Housing Issues Symposium, an interdisciplinary program that began in 1992 as a cooperative experiment between the Saint Louis University School of Law and the Washington School of Architecture. The program, which soon expanded to include social work and public policy students, used hypothetical problems, and later real life problems, as a way of demonstrating the importance of interdisciplinary relationships that the professions have in the context of real estate development. By giving the students the chance to interact, the students learned a greater appreciation for the variety of disciplines that are involved in the development …

Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman

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This article focuses on vast American violations of human rights in the administration of criminal justice. It traces the development of these rights in the context of the two most pernicious human rights violations plaguing the United States: the death penalty and racism in the enforcement of criminal laws. The author calls attention to the politicization of the American justice system and its devastatingly negative impact on America’s preservation of human rights.

The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman

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This article discusses the division of labor between the judge and the jury in rendering judgment, and the separation of law and fact historically and currently, focusing on Spain and Russia. Both Russia and Spain rejected the Anglo-American general verdict of “guilty” or “not-guilty” in favor of a list of questions or propositions presented to the jury during their criminal procedure reforms of the 1990’s. This article also delves into the jury deliberation, verdict, and judgment process of the two countries.

Privatizing Regulation: Whistleblowing And Bounty Hunting In The Financial Services Industries, Henry Ordower, James Fisher, Ellen F. Harshman, William B. Gillespie, Leland Ware, Fred C. Yeager

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Addresses use of whistleblowers and suggests private enforcement methodologies to supplement or supplant public enforcement activities in financial services under new law.

The Legal Duty Rule And Learning About Rules: A Case Study, Joel K. Goldstein

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Early in their law school careers, most students find that the notions they brought with them about law clash with the ideas encountered there. As a traditional first semester course, Contracts is one arena in which students experience most acutely that tension between expectation and reality.

Most new law students probably expect law school professors to spend more time teaching basic legal rules.[1] They anticipate the education in black letter law that is the distinctive trait of bar review courses. They are, therefore, surprised by their professors’ suggestion, whether explicit or implicit, that being a good lawyer is not a …

Can The Vice President Preside At His Own Impeachment Trial?: A Critique Of Bare Textualism, Joel K. Goldstein

All Faculty Scholarship

Turn the clock back for a moment to August 1973. In the midst of the burgeoning Watergate scandal, the nation discovered that Vice President Spiro T. Agnew was being investigated for allegedly accepting bribes from contractors, and for committing tax fraud while Governor of Maryland and Vice President. The investigation, by attorneys in the United States Attorneys Office in Maryland, ultimately gathered sufficient evidence to present to a grand jury. To avoid the spectre of likely indictment and prosecution, Agnew elected to resign his office and plead nolo contendere.[1]

But suppose Agnew had decided not to go quietly.[2] Instead of …

Informed Consent Law And The Forgotten Duty Of Physician Inquiry, Robert Gatter

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Courts and commentators have forgotten that embedded in the duty of physicians to obtain a patient's informed consent is a prior obligation for physicians to get to know that patient. This is most clear in jurisdictions employing the reasonable person standard of disclosure. That standard requires physicians to disclose to a patient information that a reasonable person would want to know if that person were in the patient's position or, more precisely, if that person were "in what the physician should know to be the patient's position." Thus, a physician must learn some minimal information about each patient's "position." An …