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From The Ne'er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard Harcourt

Faculty Scholarship

Criminal law in the United States experienced radical change during the course of the twentieth century. The dawn of the century ushered in an era of individualization of punishment. Drawing on the new science of positive criminology, legal scholars called for diagnosis of the causes of delinquency and for imposition of individualized courses of remedial treatment specifically adapted to these diagnoses. States gradually developed indeterminate sentencing schemes that gave corrections administrators and parole boards wide discretion over treatment and release decisions, and by 1970 every state in the country and the federal government had adopted a system of indeterminate sentencing. …

Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier

Faculty Scholarship

In 1992 had been teaching for four years at the University of Pennsylvania Law School. I taught voting rights and criminal procedure, subjects related to what I had done as a litigator. Preparing for class meant reading many of the same cases I had read preparing for trial. Some were even cases I had tried. Teaching offered me a fresh chance to read those cases with new interest. I could see the subtle linkages between cases that I had not previously noticed. From the distance of the academy, I observed the evolution of the doctrine without feeling overcome by the …

Building Peace In Northern Ireland: Christian Reconcilers In An Economy Of Hate, Eric Getty

Journal of Hate Studies

The Ardoyne neighborhood is not a place a tourist would want to visit. Its streets today are the front lines of what some would classify as a religious holy war, and are the regular backdrop for violent scenes of masked demonstrators, burning cars, and heavily armed soldiers and riot police. Guard towers, walls topped with barbed wire, armored cars, and helicopters are part of daily life in this area, but this neighborhood is not in the Middle East. Rather, it lies far to the north in Belfast, Northern Ireland, part of industrialized Western Europe. Here, row upon row of run-down …

Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer

Articles & Chapters

No abstract provided.

The Case Of Myrna Mack Chang: Overcoming Institutional Impunity In Guatemala, David Baluarte, Erin Chlopak

Human Rights Brief

No abstract provided.

The Office Of The Oath, Patrick O. Gudridge

Articles

No abstract provided.

The Art Of Legislative Lawyering And The Six Circles Theory Of Advocacy, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A "legislative lawyer" is a person who exists in Washington, D.C., and in almost every city and state in this country where legislation and administrative regulations are developed. But most people do not know who that person is or what that person does. In fact, most advocacy organizations that should be hiring legislative lawyers have no idea who a legislative lawyer is.

The author coined the term "legislative lawyer" when she created a Federal Legislation Clinic at the Georgetown University Law Center in Washington, D.C. over a decade ago. The author needed to explain to her faculty colleagues what type …

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

The goal of this Article is to participate in the challenging project of carving out a new area of study in the place where international law, comparative law, and domestic law intersect. In this Article, I use the story of flawed rule-of-law assistance efforts to demonstrate the importance of this inquiry. I take as a basic premise that there are many situations in which it is justifiable and beneficial for the U.S. and other actors to seek to promote human rights and the rule of law abroad, and that at times even military interventions are a necessary and justifiable part …

Rogue Science, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This review essay considers the tension between the evidence-driven vision of science's mission and the fears of malicious use and terrible consequences that have come to the fore since the terrorist attacks of September 11, 2001. These fears have led some to call for government restrictions on the substance of scientific research and communication. In general, this approach is likely to do far more harm than good. But scientists need to take the problem of social consequences more seriously than they have so far. The author argues in this essay that in some circumstances, when rogue use of science can …

Reconsidering Legalism, Robin West

Georgetown Law Faculty Publications and Other Works

This essay is in the spirit of a friendly amendment. I have found Shklar's central arguments to be more compelling every time I have reread this book over the last twenty years. Nevertheless, I want to argue in this essay that in spite of Legalism's strengths, Shklar's core anthropological claim about the profession - more often asserted, rather than argued, throughout the book - that legalism, the attitudinal glue that binds lawyers professionally, consists of a commitment to the morality of rule abidance - is flawed, not because it is wrong, but because it is underinclusive. While legalism consists of …

Lawyering Process: My Thanks For The Book And The Movie, Leah Wortham

Scholarly Articles

The author's memories of "the movie version" of The Lawyering Process, two courses she took in Gary Bellow's first two years at Harvard Law School (1971-73), are compared to the text and problem supplements published in 1978. The author traces the influence of those courses and books on her externship course and textbook, written with others. She cites the value of Bellow & Moulton's pioneering employment of visual and kinesthetic learning modes and explicit statement to students about educational goals and methods. She identifies paradigms for lawyering tasks that have remained useful to her throughout her career. With twenty-one years …

The Land Must Hold The People: Native Modes Of Territoriality And Contemporary Tribal Justifications For Placing Land Into Trust Through 25 C.F.R Part 151, Padraic I. Mccoy

American Indian Law Review

No abstract provided.

Has Oregon Tightened The Perceived Loopholes Of The Native American Graves Protection And Repatriation Act?--Bonnichsen V. United States, Michelle Sibley

American Indian Law Review

No abstract provided.

Reaching For Justice: An Analysis Of Self-Help Prosecution For Animal Crimes, Jennifer H. Rackstraw

Animal Law Review

Although prosecutorial discretion is a firmly entrenched legal doctrine in the United States, such unbridled discretion impedes the vigorous and consistent prosecution of animal crimes. With an overwhelming incidence of animal cruelty and neglect crimes perpetrated in the United States every year, documented cases should not be passed over for prosecution due to a lack of empathy on the part of the prosecutor, a misplaced understanding of the seriousness of animal cruelty crimes, or a dearth of resources. To ensure that animal crimes are more vigorously and consistently prosecuted, citizens should take advantage of existing mechanisms that allow for public …

Limits Of Tolerance: Law And Religion After The Anti-Christ, Marie Ashe

Cardozo Law Review

No abstract provided.

Distinguishing The Concept Of Strict Liability In Tort From Strict Products Liability: Medusa Unveiled, Charles E. Cantú

Faculty Articles

The justifications for strict products liability and other cases of strict liability in torts are different and distinct. The United States judiciary has limited strict liability in tort law to seven distinct scenarios: (1) animals that are trespassing, are domesticated but vicious, or are wild by nature; (2) fact situations involving ultra-hazardous activities; (3) nuisance; (4) misrepresentation; (5) vicarious liability; (6) defamation; or (7) a workman’s compensation statute.

Strict liability is imposed for harm caused by animals capable of inflicting extensive harm. It also justifies liability for ultra-hazardous activities on the basis that an individual undertakes an activity that is …

Canon Law And The Human Person, John J. Coughlin

Journal Articles

This article explores the unity of law and theology in the 1983 Code of Canon Law. The unity has remained critical since canon law emerged in the ancient Church. From the origins of the primitive Christian communities through the patristic era, the Church manifested a tension between charism and office, spirit and law? The medieval canonists achieved a great synthesis of the reason of law and faith of theology. The unified theory helped to form the basis of the Western legal tradition. The Reformation focus on sola fide (faith alone) tended to sever the unity. With the Enlightenment, reason was …

Community Acequias In Colorado's Rio Culebra Watershed: A Customary Commons In The Domain Of Prior Appropriation, Gregory A. Hicks, Devon G. Pena

University of Colorado Law Review

No abstract provided.

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

Publications

No abstract provided.

Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson

Publications

No abstract provided.

Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt

Faculty Scholarship

No abstract provided.

“Private” Crime In Public Housing: Violent Victimization, Fear Of Crime And Social Isolation Among Women Public Housing Residents, Claire M. Renzetti, Shana L. Maier

CRVAW Faculty Journal Articles

Although public housing is typically associated with high crime rates, little research has been done on fear of crime or violent victimization experiences among public housing residents. Moreover, there are few studies that look specifically at women’s fear of crime or violent victimization experiences in public housing, despite the fact that women constitute the majority of public housing residents. These issues were examined in the present study through interviews with female public housing residents in Camden, New Jersey (NJ). The interviews reveal high rates of violent victimization, especially at the hands of intimates and acquaintances. Fear of crime is also …

Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray

BYU Law Review

No abstract provided.

2002 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 14

Betting on a Clerkship, page 18

In the Spirit of Cardozo: The Founding of the Law School, page 20

Summer Jobs. Summer School. They Aren’t Just Work, page 29

Cardozo Students Learn the Art of Crafting Solutions through ADR, page 35

Alumni News & Notes, page 40

Reparations Theory And Postcolonial Puerto Rico: Some Preliminary Thoughts, Pedro A. Malavet

UF Law Faculty Publications

This article primarily focuses on the plight of the Puerto Ricans on the island because, in addition to their flawed social construction by the United States and lack of national political power, they are also legally constructed as second-class citizens. In defining the legal rights of Puerto Ricans, the U.S. Supreme Court has held that territorial citizens are entitled to fewer constitutional protections than U.S. citizens residing in any of the fifty states. The racist and essentialist social construction of the Puerto Ricans as inassimilable, the denial of legal rights by the courts, along with the democratic deficit which deprives …

Reflections On Racism And World Order, Winston P. Nagan

UF Law Faculty Publications

This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is …

On Apology And Consilience, Erin Ann O'Hara, Douglas Yarn

Washington Law Review

This Article joins the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory, and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …

Preserving Monumental Landscapes Under The Antiquities Act, Christine A. Klein

UF Law Faculty Publications

This Article examines the Antiquities Act, a 1906 statute that delegates authority to the President to establish national monuments on federal lands for the protection of prehistoric structures and relics. This modest statute, originally a scant one page in length, has set off a century of intermittent controversy that its drafters could not have anticipated. Although Congress probably intended that the statute merely protect archaeological ruins from looting by treasure hunters, presidents quickly began to utilize the statute to preserve large natural landscapes—ranging from President Theodore Roosevelt's establishment of the 800,000-acre Grand Canyon National Monument in 1908 to President Clinton's …

The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore

Washington and Lee Law Review

No abstract provided.