Legal Studies Commons^™

Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter

Nebraska College of Law: Faculty Publications

As everything else in life has become more global, so has the practice of law. Lawyers commonly have clients and conduct work in states other than the ones in which they reside and are licensed. Transactional lawyers commonly work for clients in different states or put together deals that close in states other than the ones in which they are licensed. Litigators, too, often have clients in other states, participate in court proceedings in other states, and engage in both formal and informal discovery in other states. The work of the litigator poses even more questions if that litigator is …

The "Clearest Command" Of The Establishment Clause: Denominational Preferences, Religious Liberty, And Public Scholarships That Classify Religions, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The purpose of this article is to analyze the Supreme Court's doctrine prohibiting denominational preferences with a view toward mapping out the boundaries of the doctrine in light of its animating principle of free religious competition. I will then attempt to apply the "clearest command of the Establishment Clause" to the facts of a recent free exercise decision of the Court, Locke v. Davey. Although the Court in Davey rejected a free exercise challenge to a state scholarship program that denied funding to students pursuing college degrees in "devotional theology," I will suggest that this exclusion creates a denominational …

Suicide And Unintentional Poisoning Mortality Trends In The United States, 1987-2006: Two Unrelated Phenomena?, Ian Rh Rockett, Gerry Hobbs, Diego De Leo, Steven Stack, James L. Frost, Alan M. Ducatman, Nestor D. Kapusta, Rheeda L. Walker

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Two counter trends in injury mortality have been separately reported in the US in recent times - a declining suicide rate and a rapidly rising unintentional poisoning mortality rate. Poisoning suicides are especially difficult to detect, and injury of undetermined intent is the underlying cause-of-death category most likely to reflect this difficulty. We compare suicide and poisoning mortality trends over two decades in a preliminary assessment of their independence and implications for suicide misclassification.

Methods

Description of overall and gender- and age-specific trends using national mortality data from WISQARS, the Web-based Injury Statistics Query and Reporting System, maintained …

Race/Ethnicity And Potential Suicide Misclassification: Window On A Minority Suicide Paradox?, Ian Rh Rockett, Shuhui Wang, Steven Stack, Diego De Leo, James L. Frost, Alan M. Ducatman, Rheeda L. Walker, Nestor D. Kapusta

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Suicide officially kills approximately 30,000 annually in the United States. Analysis of this leading public health problem is complicated by undercounting. Despite persisting socioeconomic and health disparities, non-Hispanic Blacks and Hispanics register suicide rates less than half that of non-Hispanic Whites.

Methods

This cross-sectional study uses multiple cause-of-death data from the US National Center for Health Statistics to assess whether race/ethnicity, psychiatric comorbidity documentation, and other decedent characteristics were associated with differential potential for suicide misclassification. Subjects were 105,946 White, Black, and Hispanic residents aged 15 years and older, dying in the US between 2003 and 2005, whose …

The Prüm Regime: Situated Dis/Empowerment In Transnational Dna Profile Exchange, Barbara Prainsack, Victor Toom

victor toom

This paper takes critique of surveillance studies scholars of the shortcomings of the panoptic model for analysing contemporary systems of surveillance as a starting point. We argue that core conceptual tools, in conjunction with an under-conceptualization of agency, privilege a focus on the oppressive elements of surveillance. This often yields unsatisfying insights to why surveillance works, for whom, and at whose costs. We discuss the so-called Prüm regime, pertaining to transnational data exchange for forensic and police use in the EU, to illustrate how—by articulating instances of what we call ‘situated dis/empowerment’—agency can be better conceptualized, sharpening our gaze for …

The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris

Grant H Morris

In August, 2008, the ABA Journal featured an article entitled: “The 25 Greatest Legal Movies.” A panel of experts, described in the article as “12 prominent lawyers who teach film or are connected to the business” selected “the best movies ever made about lawyers and the law.” This distinguished panel ranked its twenty-five top legal movies, choosing To Kill a Mockingbird as its number one legal movie. The panel also selected twenty-five films as “honorable mentions,” which were listed in alphabetical order. In my opinion, however, the real greatest legal movie of all time was not selected as the winner. …

Teaching With Emotion: Enriching The Educational Experience Of First-Year Law Students, Grant H. Morris

Grant H Morris

Through the case method and Socratic dialogue, first year law students are taught to develop critical legal analytic skills–to “think like a lawyer.” Those skills, however, are primarily, if not entirely, intellectual. This article discusses the need to address emotional issues in educating law students. Unlike other articles, my article does not merely urge professors to raise such issues in their classes and discuss them analytically. Rather, I want students to actually experience emotion in the classroom setting as they discuss various fact situations and the legal principles involved in the resolution of disputes involving those facts. Law students need …

Native America, United States Senate Bill S.578 And The United States Supreme Court, Dewi I. Ball

Dewi Ioan Ball

In 2003, the United States Senate introduced bill S.578 and the House of Representatives introduced H.R. 2242, both of which were called the Tribal Government Amendments to the Homeland Security Act. In light of the attacks of September 11, 2001, the bills were designed to shore up the security of the United States, and specifically, allow greater authority and jurisdiction for Native American Nations to combat terrorism and the threat of terrorism on reservations. This article examines the impact of Section 13 of S.578, which was a re-affirmation of the principle of inherent tribal sovereignty and the congressional definition of …

United States Supreme Court Opinions And Their Negative Impact On The Everyday Lives Of Native Americans Tribes, Dewi I. Ball

Dewi Ioan Ball

This article examines the connection between U.S. Supreme Court decisions and their impact on the everyday lives in a small number of Native American reservations. Since 1959, the U.S. Supreme Court has been slowly eroding the Indian sovereignty doctrine and with this erosion has come an increasing number of cases decided against Indian interests. After the watershed cases of Atkinson Trading Co., v. Shirley and Nevada v. Hicks in 2001, the Indian Senate Committee conducted a hearing on the rulings of the U.S. Supreme Court. With reliance on three key publications, this article addresses a gap in Federal Indian law …

Measuring Crack Cocaine And Its Impact, Roland Fryer, Paul Heaton, Steven Levitt, Kevin Murphy

Paul Heaton

A wide range of social indicators turned sharply negative for Blacks in the late 1980s and began to rebound roughly a decade later. We explore whether the rise and fall of crack cocaine can explain these patterns. Absent a direct measure of crack cocaine’s prevalence, we construct an index based on a range of indirect proxies (cocaine arrests, cocaine-related emergency room visits, cocaine-induced drug deaths, crack mentions in newspapers, and DEA drug busts). The crack index we construct reproduces many of the spatial and temporal patterns described in ethnographic and popular accounts of the crack epidemic. We find that our …

The Susceptibility Of Juveniles To False Confessions And False Guilty Pleas, Allison D. Redlich

Allison D Redlich

No abstract provided.

Self-Reported False Confessions And False Guilty Pleas Among Offenders With Mental Illness, Allison D. Redlich, Alicia Summers, Steven Hoover

Allison D Redlich

No abstract provided.

Enrollment In Mental Health Courts: Voluntariness, Knowingness, And Adjudicative Competence, Allison D. Redlich, Steven Hoover, Alicia Summers, Henry J. Steadman

Allison D Redlich

No abstract provided.

False Confessions, False Guilty Pleas: Similiarities And Differences, Allison D. Redlich

Allison D Redlich

No abstract provided.

El Canon Neoconstitucional, Leonardo García Jaramillo, Miguel Carbonell S

Leonardo García Jaramillo

No abstract provided.

Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan

Oren Gazal-Ayal

Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias from …

Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …

New Developments In Developmental Research On Social Information Processing And Antisocial Behavior, Reid G. Fontaine

Reid G. Fontaine

The Special Section on developmental research on social information processing (SIP) and antisocial behavior is here introduced. Following a brief history of SIP theory, comments on several themes—measurement and assessment, attributional and interpretational style, response evaluation and decision, and the relation between emotion and SIP—that tie together four new empirical investigations are provided. Notable contributions of these studies are highlighted.

In Self-Defense Regarding Self-Defense: A Rejoinder To Professor Corrado, Reid G. Fontaine

Reid G. Fontaine

This is a rejoinder to Professor Corrado in the upcoming special section of the American Criminal Law Review on the nature, structure, and function of self-defense and defense of others law.

Does Response Evaluation And Decision (Red) Mediate The Relation Between Hostile Attributional Style And Antisocial Behavior In Adolescence?, Reid G. Fontaine

Reid G. Fontaine

The role of hostile attributional style (HAS) in antisocial development has been well-documented. We analyzed longitudinal data on 585 youths (48% female; 19% ethnic minority) to test the hypothesis that response evaluation and decision (RED) mediates the relation between HAS and antisocial behavior in adolescence. In Grades 10 and 12, adolescent participants and their parents reported participants’ antisocial conduct. In Grade 11, participants were asked to imagine themselves in videotaped ambiguous-provocation scenarios. Segment 1 of each scenario presented an ambiguous provocation, after which participants answered HAS questions. In segment 2, participants were asked to imagine themselves responding aggressively to the …