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Series

Articles

University of Minnesota Law School

2001

Articles 1 - 8 of 8

Full-Text Articles in Law

The Back-Door To Prison: Waiver Reform, "Blended Sentencing," And The Law Of Unintended Consequences, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 2001

The Back-Door To Prison: Waiver Reform, "Blended Sentencing," And The Law Of Unintended Consequences, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

The Minnesota innovation, "Extended Jurisdiction Juvenile Prosecution (EJJ)," allowed judges simultaneously to impose a delinquency disposition and an adult criminal sentence, the execution of which the judge stayed pending successful completion of the delinquency sentence. Podkapacz and Feld analyze the implementation of Minnesota's new EJJ blended sentencing law in Hennepin County, the largest metropolitan county in the state.


Antenuptial Agreements, Judith T. Younger Jan 2001

Antenuptial Agreements, Judith T. Younger

Articles

No abstract provided.


The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman Jan 2001

The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman

Articles

Professor Robert D. Putnam's work is, in many respects, the contemporary companion to Democracy in America.' It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its "social capital" has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.' His use of empirical and combined data, however, probes ...


How To Plot Love On An Indifference Curve, Brian H. Bix Jan 2001

How To Plot Love On An Indifference Curve, Brian H. Bix

Articles

This review of June Carbone's book, "From Partners to Parents: The Second Revolution in Family Law" (Columbia U. Pr., 2000), considers not only the title theme-- how societal norms regarding the family and legal regulation of the family have changed their focus from the way adult partners treat one another to parents' rights and duties regarding their children-- but also additional themes raised by the book's discussions. In particular, the Review emphasizes the way in which Family Law writers have resisted or adapted economic approaches to law, and the problem of legal reform in Family Law at a ...


Multidisciplinary Practice And The Future Of The Legal Profession: Considering A Role For Independent Directors, John H. Matheson, Peter D. Favorite Jan 2001

Multidisciplinary Practice And The Future Of The Legal Profession: Considering A Role For Independent Directors, John H. Matheson, Peter D. Favorite

Articles

Edward Bartoli, a Chicago attorney, was recently suspended by the Illinois Supreme Court for aiding nonlawyers in the unauthorized practice of law. Bartoli's argument? He claimed that he was merely running a multidisciplinary practice ("MDP"). The regulations governing such activity would soon change, claimed Bartoli, and thus he was only, "ahead of his time." Because of the apparent inevitability of MDP-reform, attorneys like Bartoli are contemplating the creation of, and participation in, multidisciplinary practices throughout the United States. State regulatory bodies will be faced with the difficult determination of whether sanctions are necessary in some cases and whether sanctions ...


Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter Jan 2001

Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter

Articles

To many who support equal civil rights for gay people, it certainly seems so. 2 In Dale, after all, the Supreme Court held that the First Amendment allowed the Boy Scouts of America (BSA) to exclude an openly gay scoutmaster despite a state law forbidding such discrimination. 3 More broadly, the rationale for the decision - based on the BSA's right of expressive association - has raised fears (for some, hopes) that the Court might be moving toward a sweeping review of the constitutionality of numerous state and federal statutes forbidding discrimination in business-related clubs, public accommodations, and even employment. 4 ...


The Limits Of Gaylaw, Dale Carpenter Jan 2001

The Limits Of Gaylaw, Dale Carpenter

Articles

The world into which Gaylaw arrives is one whose poles are very far apart. At one pole, a man fatally fractures his dog's skull by beating him with a plastic vacuum cleaner accessory and then throwing the dog against a tree trunk. 3 Why? The man concluded the dog was homosexual after he saw the poodle-Yorkshire terrier mix repeatedly attempt sexual activity with another male terrier. 4 At the man's subsequent trial for animal cruelty, a veterinarian testified that such behavior in dogs is a common way for them to assert dominance, rather than necessarily a sexual act ...


Premarital Agreements In The Ali Principles Of Family Dissolution, Brian H. Bix Jan 2001

Premarital Agreements In The Ali Principles Of Family Dissolution, Brian H. Bix

Articles

Marriage is a public status grounded on an intimate relationship. Those who emphasize the public status aspect have argued that the state, and the state alone, should set the terms for the marriage (including rules for entry, rules during the marriage, and the terms on which the marriage can be dissolved). Those who emphasize the intimate relationship aspect have been more receptive to the parties’ private ordering of the terms of their marriage.