Law Commons^™

Court Personnel Attitudes Towards Medication-Assisted Treatment: A Statewide Survey, Barbara Andraka-Christou, Meghan Gabriel, Jody L. Madeira, Rod D. Silverman

Articles by Maurer Faculty

Background: Despite its efficacy, medication-assisted treatment (MAT) is rarely available in the criminal justice system in the United States, including in problem-solving courts or diversionary settings. Previous studies have demonstrated criminal justice administrators' hostility towards MAT, especially in prisons and jails. Yet, few studies have examined attitudes among court personnel or compared beliefs among different types of personnel. Also, few studies have explored the relationship between MAT education/training and attitudes. Finally, few studies have directly compared attitudes towards methadone, oral buprenorphine, and extended-release naltrexone in the criminal justice system.

Methods: We modified a survey by Matusow et al. (2013) to …

Constraints Preventing Chinese Efl Teachers From Putting Their Stated Beliefs Into Teaching Practice, Lei-Min Shi, Janine Delahunty, Xiaoping Gao

Faculty of Law, Humanities and the Arts - Papers (Archive)

In China, developing students' overall communicative competence was set as the central goal of the current college English curriculum requirements since 2004. However, this goal has remained largely unfulfilled, particularly with regard to writing competence. This study proposes that the genrebased pedagogy in systemic functional linguistics may be the key to achieve this national curriculum goal. After teachers were trained in this pedagogy, through designed workshops for teacher development, this research examined possible changes in teachers' stated beliefs about effective writing pedagogy and actual teaching practices. The findings from classroom observations and teachers' self-reports suggest that even though all teacher …

Slides: Water Governance Innovation And Transnational Networks, Michele-Lee Moore

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Michele-Lee Moore, Assistant Professor, Department of Geography, University of Victoria; Water, Innovation, and Global Governance Lab

10 slides

Reading John Noonan, Jospeh Vining

Articles

John Noonan is a giant in American law and legal practice -- a distinguished legal historian and a true judge. His reflections on the nature of law have a special importance. This essay is a comment on basic elements in his thought.

Why Believe In Contentless Beliefs?, Daniel D. Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper motivates the idea that the most basic kind of believing is a contentless attitude. It gives reasons for thinking that the most basic sort of belief – the sort that both we and other animals adopt toward situations – does not represent those situations in truth-evaluable ways. I call such attitudes pure intentional attitudes. They are not propositional attitudes, which I take to be linguistically mediated intentional attitudes.

Legal Commitments And Religious Commitments, Jospeh Vining

Articles

In his elegant and accessible new book, Law's Quandary, Steven Smith groups our various senses of what is real for us into ontological families: the mundane; the scientific, including mathematics; and the religious. These supply "lumberyards," as it were, for thought and discussion about the world and action in it. Law itself is not one of them. Those involved in law, as citizens or professionals practicing law or speaking for or about law, are presented in the book as looking out from law to the ontological resources available in the lumberyards he describes.

Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining

Articles

We should have a text to help us-lawyers and theologians almost always do. Consider this from Wordsworth, and ask whether it goes too far if Wordsworth were thought to be speaking to the practicing lawyer: Here you stand, Adore, and worship, when you know it not; Pious beyond the intention of your thought; Devout above the meaning of your will. -Yes, you have felt, and may not cease to feel. The estate of Man would be indeed forlorn If false conclusions of the reasoning Power Made the Eye blind, and closed the passages Through which the Ear converses with the …

A Theory Of Legal Strategy, Lynn M. Lopucki, Walter O. Weyrauch

UF Law Faculty Publications

By the conventional view, case outcomes are largely the product of courts' application of law to facts. Even when courts do not generate outcomes in this manner, prevailing legal theory casts them as the arbiters of those outcomes. In a competing strategic view, lawyers and parties construct legal outcomes in what amounts to a contest of skill. Though the latter view better explains the process, no theory has yet been propounded as to how lawyers can replace judges as arbiters. This article propounds such a theory. It classifies legal strategies into three types: those that require willing acceptance by judges, …

Open Texture And The Possibility Of Legal Interpretation, David B. Lyons

Faculty Scholarship

This essay concerns the possibility of interpreting law. It is always possible to interpret law in the weak sense, which assigns meaning it is not assumed the law previously possessed. My concern here is interpretation in the strong sense, which, if successful, reveals meaning that lies hidden in the law. Theories of legal interpretation have recently received much theoretical attention. The received theory of law's open texture suggests that this interest is misplaced.

Response To Judging Religion By Winnifred Fallers Sullivan (Symposium: Religion And The Judicial Process: Legal, Ethical, And Empirical Dimensions), James Boyd White

Articles

In her paper Professor Sullivan sets forth an admirable ideal: that we in the law should talk about religion as a distinctive human activity, without either engaging in theology ourselves or erasing what is important about religion. We: should, in her words, learn to acknowledge religion without establishing it. For this activity, as she has also argued in Paying the Words Extra, the discipline of the history of religion can serve as a model, for there too people strive to reflect what is distinctive about religion without committing themselves to the validity of a particular theology or set of religious …

The Cosmological Question: A Response To Milner S. Ball's 'All The Company Of Heaven', Joseph Vining

Articles

We do not disagree, and I do not doubt, that legal processes are sources of injustice, violent oppression, crushing of the spirit, destruction of lives, actual death. I have only to look at The Trial1 again. Nor do we disagree that there are strings of words, statements, put out by officials, lawyers, and lawyer-academics, often called "rules," that cannot be taken into oneself and that by their very nature evoke manipulation in response, avoidance if they cannot be ignored. In their name violent imposition of pure will occurs all the time, and power is exercised by those who can secure …

Review Of Willful Liberalism: Voluntarism And Individuality In Political Theory And Practice, Donald J. Herzog

Reviews

This is an elegant and studied little volume, rather more difficult than it lets on. Flathman wants to argue that liberals are sorely in need of a more robust understanding of the will and individuality than they now possess, that they (or we) should be enthusiastically embracing what might seem to be some tendentious commitments about the partial but inescapable opacity of other selves. He does so by working through a large number of texts and authors-some only contentiously called liberal (Hobbes); others not conceivably liberal (William of Ockham, Augustine, Nietzsche); and still others not obviously interested in anything narrowly …

Legal Affinities, Joseph Vining

Articles

Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …