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Full-Text Articles in Law

Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld Jan 2006

Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld

Articles

The United States Supreme Court has decided more cases involving the interrogation of juveniles than any other aspect of juvenile justice administration. 1 Although it has cautioned trial judges to be especially sensitive to the effects of youthfulness and immaturity on a defendant's ability to waive or to invoke her Miranda rights and to make voluntary statements, the Court has not mandated any special procedural protections for immature suspects. Instead, it endorsed the adult waiver standard - "knowing, intelligent, and voluntary" under the "totality of the circumstances" - to gauge the validity of a juvenile's waiver of Miranda rights. 2


Trade And Tensions, Daniel J. Gifford Jan 2006

Trade And Tensions, Daniel J. Gifford

Articles

International disputes and tensions arise in situations where one nation is seeking its own economic betterment in ways that diminish the economic welfare of other nations. Prior to World War II, most nations deployed systems of tariffs and import quotas in unveiled attempts to protect their domestic in- dustries. Today, trading tensions are often generated by a range of government activities that limit imports or subsidize exports; yet the governments that impose these measures often rationalize them as policy measures that have no protectionist or other trading objective. The earlier trading model was a mer- cantilist one. Economic welfare was ...


Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter Jan 2006

Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter

Articles

It is time to rethink the role of Institutional Review Boards (IRBs) in approving social science research. While most law professors conduct their research in an almost unregulated environment - pouring through cases, statutes, and each other's articles, all without the kind of human interaction subject to IRB regulation - their colleagues elsewhere in the university have been coping for decades with an increasingly intrusive bureaucracy that sometimes undermines basic academic values. Three things seem very clear. First, there are a lot of IRBs - at least 4,000 - and their numbers are growing. Second, they have recently "increased their scrutiny of ...


Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld Jan 2006

Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld

Articles

The Supreme Court does not require any special procedural safeguards when police interrogate youths and use the adult standard--“knowing, intelligent, and voluntary under the totality of the circumstances”--to gauge the validity of juveniles' waivers of Miranda rights. Developmental psychologists have studied adolescents' capacity to exercise Miranda rights, questioned whether juveniles possess the cognitive ability and adjudicative competence necessary to exercise legal rights, and contended that immaturity and vulnerability make juveniles uniquely susceptible to police interrogation tactics. In the four decades since the Court decided Miranda, we have almost no empirical research about what actually occurs when police interview ...


Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson Jan 2006

Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson

Articles

Physician-patient confidentiality is a notion deeply rooted in most medical traditions throughout the world. 2 Many nations have codified patient protections and rights with statutes that emphasize the inviolability of this confidence. 3 Physicians are prohibited, except in limited circumstances, to reveal any confi-dential information or communication. 4 Violating confiden-tiality often exposes the physician to professional, civil, and sometimes criminal sanctions. 5 Confidentiality is designed to protect the patient's most intimate information as well as foster a candid relationship between physician and patient to facilitate successful diagnosis and treatment. 6 And yet despite the raison d'etre of confidentiality ...


The Future Of The Legal Profession, Robert Stein Jan 2006

The Future Of The Legal Profession, Robert Stein

Articles

It is a pleasure to be with you this evening and share some thoughts with you. Sandy and I are delighted to see so many wonderful friends here. I hope we have an opportunity to greet each of you before the evening is over. I include my wife, Sandy, in our network of friends because she has been my partner throughout my association with the Law School - during the time I was a student, then a faculty member, and eventually as Dean - and so many friends here tonight are friends of both of ours. I'd like to ask Sandy ...


Raz, Authority, And Conceptual Analysis, Brian Bix Jan 2006

Raz, Authority, And Conceptual Analysis, Brian Bix

Articles

In "Authority: Revisiting the Service Conception," Joseph Raz reflects on his work on the nature of authority, defending much of what he has written on the subject, while offering some additional clarifications and modifications. I must leave to others a more direct assessment of Raz's views on authority, and the revisions he has suggested in this most recent paper. I will instead focus on some of the methodological considerations he discusses in this paper; in particular, I will compare and contrast Raz's discussion here about conceptual analysis and the concept of authority with his recent analyses of the ...


Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase Jan 2006

Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase

Articles

The Supreme Court's decision in Blakely v. Washington' has produced some changes in sentencing law and practice in Minnesota, but after two years the basic structure of the state's pioneering sentencing guidelines system remains intact. Blakely caused much initial concern and uncertainty, but the dire predictions2 of catastrophic change or major retreat from progressive sentencing policy have not been borne out. This article examines the ways in which critical policy choices made before and after Blakely helped to preserve the most important features of the Guidelines. Part I shows how the design, implementation, and pre-Blakely evolution of the ...


Purposes And Functions Of Sentencing, Michael Tonry Jan 2006

Purposes And Functions Of Sentencing, Michael Tonry

Articles

No abstract provided.


Prospects For Ratification Of The Convention On The Rights Of The Child, David Weissbrodt Jan 2006

Prospects For Ratification Of The Convention On The Rights Of The Child, David Weissbrodt

Articles

Since early in the development of international human rights law, the particular need to care for children has been acknowledged. Beginning with the Geneva Declaration on the Rights of the Child in 1924 1 and the Declaration of the Rights of the Child, adopted by the U.N. General Assembly in 1959, 2 children's rights have been recognized by human rights organizations and instruments alike. Rights of the child were included in the Universal Declaration of Human Rights; 3 the Geneva Convention for the Protection of Civilian Persons in Time of War; 4 the International Covenant on Economic, Social ...


Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield Jan 2006

Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield

Articles

No abstract provided.


Choice, Equal Protection And Metropolitan Integration, Myron Orfield Jan 2006

Choice, Equal Protection And Metropolitan Integration, Myron Orfield

Studies

This article, published in the Fordham Urban Law Journal, recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. Such policies should be statewide, or at least regional, in scope. Isolated policies encourage leap-frog development that in turn promotes both sprawl and racial segregation. It also argues that state legislatures must adopt coordinated policy approaches, using Oregon’s comprehensive land use legislation as an example of policies that effectively promote affordable housing and decrease urban sprawl.


Land Use And Housing Policies To Reduce Concentrated Poverty, Myron Orfield Jan 2006

Land Use And Housing Policies To Reduce Concentrated Poverty, Myron Orfield

Studies

This article, published in the Fordham Urban Law Journal, recommends that land use and housing policies be marshaled to reduce residential racial segregation and concentrated poverty. Such policies should be statewide, or at least regional, in scope. Isolated policies encourage leap-frog development that in turn promotes both sprawl and racial segregation. It also argues that state legislatures must adopt coordinated policy approaches, using Oregon’s comprehensive land use legislation as an example of policies that effectively promote affordable housing and decrease urban sprawl.


Immigration And Employment On The West Bank, Institute On Metropolitan Opportunity Jan 2006

Immigration And Employment On The West Bank, Institute On Metropolitan Opportunity

Studies

As part of the “Twin Cities Stories: Using Data for the Common Good” project, IRP worked with organizations located in and serving the West Bank community.


Immigration And Employment On The West Bank, Institute On Metropolitan Opportunity Jan 2006

Immigration And Employment On The West Bank, Institute On Metropolitan Opportunity

Studies

As part of the “Twin Cities Stories: Using Data for the Common Good” project, IRP worked with organizations located in and serving the West Bank community.


Twin Cities Commuting Patterns, Institute On Metropolitan Opportunity Jan 2006

Twin Cities Commuting Patterns, Institute On Metropolitan Opportunity

Studies

This IRP study explores growing employment centers in the Twin Cities in relation to affordable housing and transit.


Digital Justice: Progress Toward Digital Inclusion In Minnesota, Institute On Metropolitan Opportunity Jan 2006

Digital Justice: Progress Toward Digital Inclusion In Minnesota, Institute On Metropolitan Opportunity

Studies

This IRP report documents the connection between access to the Internet and access to life opportunities such as living-wage jobs. It analyzes the ways Minnesota community technology centers, public schools, public libraries, municipalities, and Indian reservations improved underserved populations? access to technology.


Latinos In The Region, Institute On Metropolitan Opportunity Jan 2006

Latinos In The Region, Institute On Metropolitan Opportunity

Studies

As part of the “Twin Cities Stories: Using Data for the Common Good” project, the IRP created materials for the Latino Economic Development Center.


Latinos In The Region, Institute On Metropolitan Opportunity Jan 2006

Latinos In The Region, Institute On Metropolitan Opportunity

Studies

As part of the “Twin Cities Stories: Using Data for the Common Good” project, the IRP created materials for the Latino Economic Development Center.


Minority Suburbanization And Racial Change, Institute On Metropolitan Opportunity Jan 2006

Minority Suburbanization And Racial Change, Institute On Metropolitan Opportunity

Studies

This IRP study tracks racial change in 15 major U.S. metro areas.


Growth Pressures On Sensitive Natural Areas Part Ii, Institute On Metropolitan Opportunity Jan 2006

Growth Pressures On Sensitive Natural Areas Part Ii, Institute On Metropolitan Opportunity

Studies

Report


Growth Pressures On Sensitive Natural Areas, Institute On Metropolitan Opportunity Jan 2006

Growth Pressures On Sensitive Natural Areas, Institute On Metropolitan Opportunity

Studies

This report examines projected growth and its threat to remaining sensitive natural areas in the Minnesota Department of Natural Resources’ 17-county central region.


When Quitting Is Fitting: The Need For A Reformulated Sexual Harassment/Constructive Discharge Standard In The Wake Of Pennsylvania State Police V. Suders, Stephen F. Befort, Sarah J. Gorajski Jan 2006

When Quitting Is Fitting: The Need For A Reformulated Sexual Harassment/Constructive Discharge Standard In The Wake Of Pennsylvania State Police V. Suders, Stephen F. Befort, Sarah J. Gorajski

Articles

The legal landscape with respect to constructive discharges resulting from sexually harassing conduct has been mired in confusion for the past two decades. Courts generally have applied a multi-step analysis that requires plaintiffs to establish both the existence of severe or pervasive sexual harassment as well as additional aggravating factors warranting an employee's resignation. The courts, however, have had a difficult time in defining the contours of the separate harassment and constructive discharge tests. The Supreme Court has weighed in on several occasions, but rather than opt for clarity, the Court has created new tests and new terminology that ...


Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass Jan 2006

Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass

Articles

The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a protector of natural resources, to its influence on state statutory and constitutional law as the public embraced environmental protection principles. However, many have argued that the public trust doctrine has not lived up to its potential as a major player in environmental and natural resources law. This article proposes a new framework for the public trust doctrine as a state tool for environmental protection ...


The Need For Mead: Rejecting Tax Exceptionalism In Judicial Deference, Kristin Hickman Jan 2006

The Need For Mead: Rejecting Tax Exceptionalism In Judicial Deference, Kristin Hickman

Articles

This Article takes the controversial position that Treasury regulations are entitled to judicial deference under the Chevron doctrine, as clarified by the Supreme Court in the more recent Mead case, whether those regulations are promulgated pursuant to specific authority delegated in a substantive provision of the Internal Revenue Code or in the exercise of general authority granted in Code Section 7805(a). The Article attributes the unwillingness to concede Chevron's applicability to tax exceptionalism, the erroneous perception of many scholars that tax is different from other areas of the law, which in the context of this Article translates into ...


How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman Jan 2006

How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman

Articles

n granting certiorari in the case of DaimlerChrysler Corp. v. Cuno, the Supreme Court asked the parties to brief whether respondents have standing to challenge Ohio's investment tax credit. Looking at the posture of the case, this essay argues that the Supreme Court is likely sending a signal that it hopes to overturn the Sixth Circuit decision on standing grounds and avoid the more difficult question of whether the tax credit is unconstitutional based on the dormant Commerce Clause. This essay applies modern standing doctrine to the Cuno case and concludes that the Cuno plaintiffs do not have standing ...


Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams Jan 2006

Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams

Articles

Alex M. Johnson, Jr., the ninth dean of the University of Minnesota Law School, served with honor and distinction from 2002 to 2006. He leaves a legacy of achievement consistent with the tireless drive, ambitious goal setting, and adaptation to change that marked his career before ascending to the position of Dean at the Law School. Receiving his early education in the public schools of Los Angeles, Mr. Johnson began his undergraduate education at Princeton University and then transferred to Claremont College in 1973. He remained in Los Angeles for law school, earning his law degree at the University of ...


Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin Jan 2006

Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin

Articles

At the heart of transitional justice discourse is an ongoing conversation about accountability for human rights violations that occur in a context of regime repression or violent conflict. That accountability dialogue has generally been preoccupied with attempts to define the forms of political violence that should be addressed by various formal and informal mechanisms, such as trials and other truth-seeking processes. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context.


Convergence, Culture And Contract Law In China, John H. Matheson Jan 2006

Convergence, Culture And Contract Law In China, John H. Matheson

Articles

At the height of the Industrial Revolution, Britain was called "the Workshop of the World." 1 That title surely belongs to the People's Republic of China (PRC) 2 today. For example, China already is the world's fastest-growing large economy and the second largest holder of foreign-exchange reserves. 3 Furthermore, China is now the world's largest producer of coal, steel, and cement. 4 It is the second largest consumer of energy and the third largest importer of oil. 5 China's exports to the United States have grown by 1600% over the past fifteen years, and U.S ...


Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos Jan 2006

Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos

Articles

A conventional reading of United States Supreme Court rulings on the right to counsel in civil cases would conclude that petitioners in protective order proceedings would have no right to appointed counsel. This article challenges this view and shows how Supreme Court jurisprudence, in fact, supports the conclusion that due process requires victims of domestic violence to have the benefit of appointed counsel.