Digital Commons Network^™

Urbanization And Public Services, Fredric Stearns

Georgia Journal of International & Comparative Law

No abstract provided.

Dissolution Of Marriage - "Fresh Air In Family Court", John R. Milligan

Akron Law Review

The state has a vital interest in marriage and divorce as a matter of public policy. Divorce is not simply a private controversy between husband and wife. The family relationship is the basis of our society, and its preservation is a matter of state concern. Publication or circulation of any article "with the intent to procure or aid in procuring divorces, either in this state or elsewhere" is made a crime punishable by a fine of $25 to $500 and/or six months' imprisonment.

Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri

Brigham Young University Education and Law Journal

No abstract provided.

Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?, Norma Blank

Akron Law Review

Ohio law mandates that each of its eighty-eight counties has a county department of welfare or a county children services board with powers and duties to provide appropriate care, protection or services to children whose situations warrant such intervention. This mandate is a reflection of society's recognition that where there is parental incapacity to provide a safe and healthful home environment for the children, the state has an obligation to intervene in the children's behalf. For some families this ultimately results in the termination of parental rights and the permanent placement of the children outside the parental home.

Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown

Psychology Summer Fellows

Currently, US prisons are home to 10 times more mentally ill individuals than state psychiatric hospitals. Instead of treating those with mental illness, an extremely vulnerable population is being thrown behind bars. Mental illness is often exacerbated during incarceration, leaving inmates much sicker than when they entered. Moreover, upon discharge mentally ill inmates have virtually no support, making recidivism almost inevitable. This lack of treatment has devastating consequences for the mentally ill as well as the community at large. Removing the mentally ill from jails and prisons would reduce recidivism, increase public safety and save money.

The current research explores …

Homelessness: A Post-Industrial Society Faces A Legislative Dilemma, Robert W. Collin, Daniel J. Barry

Akron Law Review

In American social welfare history, the intent with which one became poor has determined their eligibility for aid from the state. This intent has never been clearly labeled as such. Rather, it has taken the form of equating intentional poverty with those "voluntarily in need," not truly needy or "willfully unemployed." There has not been a distinction between the intention with which one seeks aid, and the intention with which one becomes poor. Recently, such a distinction is emerging in new homelessness legislation. However, the new poverty legislation which grapples with intent will be doing so in a post-industrial society. …

The Constitutional Right Of The Indigent Facing Involuntary Civil Commitment To An Independent Psychiatric Examination, Scott F. Uhler

Akron Law Review

The recently established constitutional right to an independent psychiatric examination for a criminal defendant, when the defendant's sanity is at issue,' has not been extended to the involuntary civil commitment process However, for the following reasons, the right should be so extended.

First, the interpretation of due process in the involuntary commitment procedure, as construed by lower federal courts and state courts to require an exam, shows greater uniformity and logical cohesiveness than that defined by applicable Supreme Court decisions. Second, the area of juvenile adjudication presents great similarity of purpose to civil commitment, yet the due process protections deemed …

The Ohio Supreme Court's Move Toward Quality Control Of Court-Appointed Counsel For Indigent Defendants Charged With Capital Offense Crimes, George J. Ticoras

Akron Law Review

This comment outlines the law in Ohio concerning court-appointed representation of indigent defendants in capital offense cases. A brief look at Ohio's "pre-C.P.Sup.R. 65" period provides the proper backdrop in which to examine C.P.Sup.R. 65's relation to the Ohio Public Defender's Regulations and the impact this rule may have throughout the State.

Behavioral Ethics, Behavioral Compliance, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The design of an effective legal compliance system for an organization fearing prosecution for white-collar crime or regulatory violations requires skill at predicting human behavior. It is entirely plausible to use the economist’s simplifying assumptions of rational choice and pecuniary self-interest in making these predictions. But the realism of these assumptions has been under attack for decades now, suggesting that we should at least consider more nuanced behavioral possibilities when designing and implementing compliance programs. The label “behavioral compliance” can be attached to the design and management of compliance that draws from this wider range of behavioral predictions about individual …

In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik

Akron Law Review

This Note first discusses homosexuality and examines Ohio's position on adoption, child custody, and custody disputes involving homosexual parents." The Note then reviews other states' positions on homosexual adoption. The remainder of the Note analyzes the Charles B. decisions" and discusses future questions that the Court will need to answer."

1990 Guardianship Law Safeguards Personal Rights Yet Protects Vulnerable Elderly, Barbara Venesy

Akron Law Review

Therefore, this Comment will review the historical underpinnings of guardianship law, briefly examine nationwide excesses, and outline reform measures advanced by advocates for.the elderly and mentally disabled. Then the Comment will analyze key elements of Ohio's Guardianship Reform Bill including the court investigator's role, expanded powers provisions, reporting and revalidation measures, and the Indigent Guardianship Fund. Finally, this Comment will address areas of potential concern as Ohio's Probate Courts throughout the state implement the law

God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helwig

Akron Law Review

This essay establishes, first, the professional aspects of disclosure. Second, it defines the equipoise between the State's interest in efficiency and the teacher's interest in exercising his or her First Amendment right of expression of religious opinion on matters of public interest. Third, the essay identifies expressive activities of the teacher within the classroom that should be accorded First Amendment protection pursuant to James v. Board of Education. Fourth, the essay examines whether the professor's disclosure of personal and theological biases in a classroom constitutes state action and concludes that a professor fulfilling his or her assigned tasks within …

Healthcare Reform Symposium September 18, 1992

Akron Law Review

I would like to talk a little bit about what the right questions are when we go about looking at the reform of health care.

Should everyone be guaranteed a health care plan? If you're going to have a universal health care plan, how do you provide universal coverage, how will you expand coverage? How can we pay for it? Who do you think should administer the health care program?

Privileged Communications In Ohio And What's New On The Horizon: Ohio House Bill 52 Accountant-Client Privilege, David B. Canning

Akron Law Review

The goal of this Comment is to provide a general background on privileges, to discuss justifications and various aspects of the major testimonial privileges Ohio currently recognizes under Ohio Revised Code (ORC) § 2317.02, and to analyze Ohio House Bill 527 concerning the accountant-client privilege. Part II will provide a historical background and the existing rationale for privileges in general. Part III will break down ORC § 2317.02 into the major privileges recognized in Ohio. The background and rationale of these most common privileges will be discussed, including notable aspects such as waiver and various court interpretations. Part IV of …

The Future Of Legal Scholarship And Scholarly Communication: Publication In The Age Of Cyberspace, David A. Rier

Akron Law Review

In Part I of this paper, I will review the essentials of Hibbitts's discussion, and his argument that electronic self-publication of legal scholarship soon willand shouldreplace the edited, printed law review as we know it today. In Part II, I apply sociological analysis to explore some special features of the audience for and functions of legal scholarship. I will build upon this discussion in Part III, which explains why legal scholarship is a poor candidate for electronic self-publication, and why self-publication is a poor use of the Internet's potential for scholarly communication. In the concluding Part IV, I outline some …

Beyond The Sex-Ed Wars: Addressing Disadvantaged Single Mothers' Search For Community, Helen M. Alvaré

Akron Law Review

This article—inspired by the relatively recent availability of a great variety of quantitative and qualitative evidence about disadvantaged single women’s decision-making about sex and pregnancy—proposes that future efforts by the state and cooperating entities take single women’s thinking more into account...Part II will set forth the current qualitative and quantitative data showcasing young and often educationally and economically disadvantaged single women’s thinking about the meaning of sex and reproduction. It will suggest that their testimonies reveal how they link sexual and reproductive choices with the goals of making a community for themselves, and taking a place in that community as …

Corporal Punishment And Child Development, Jason Fuller

Akron Law Review

Growing academic, political, and media pressure has persuaded twenty countries to ban physical discipline—that is, to take children from their families because of spanking...However, if youth violence and dysfunction is increasing at the same time that corporal punishment is decreasing, we should be open enough to consider whether the two trends are related. Maybe there is no connection. But maybe lawmakers and child welfare workers should pay more attention to the research suggesting that physical discipline can be helpful in certain contexts...To function in society, people must learn to control themselves enough to not break the law or harm other …

Refusing To Remove An Obstacle To The Remedy: The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Continues To Deny Domestic Violence Victims Meaningful Recourse, Nicole M. Quester

Akron Law Review

The Supreme Court’s opinion in Castle Rock illustrates that more conscious efforts must be made by every branch of the legal system to eradicate domestic abuse. The entire legal system must work together to raise the curtain on domestic violence. Legislatures must continue to promote social change in the area of domestic violence, and courts must enforce legislation without questioning the legislature’s policy determinations. Police departments must enforce strict policies aimed at protecting the abused, while being held accountable when failing to provide any measure of protection. The legal system must heed a woman’s pleas for help and prevent court …

Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig

Akron Law Review

The purpose of this Article is to expand the scope of the discussion from one of morality to include a sociological approach, called Diffusion Theory...Section II of this Article explains Diffusion Theory. Section III explores the background of DOMA and the factual background in which DOMA is being challenged by the states and private citizens. Section IV discusses the fundamentals behind the Florida adoption ban and how the change in the message by the challengers has proven effective. The final part, Section V, analyzes whether the approach should center on the inevitability of the change, as reflected in the Justice …

Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Plenary 3—Harms Of Criminalization And Promising Alternatives (Transcript), Mimi Kim, Donna Coker, Sujatha Baliga, Alisa Bierria

University of Miami Race & Social Justice Law Review

No abstract provided.

“Usually It’S Something In The Writing”: Reconsidering The Narrative Requirement For Protection Order Petitions, Alesha Durfee

University of Miami Race & Social Justice Law Review

No abstract provided.

Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh Goodmark

University of Miami Race & Social Justice Law Review

No abstract provided.

Addendum To Adoption: Adjusting The Adoption Statutes In South Carolina, Jennie Rischbieter

South Carolina Law Review

No abstract provided.

Building Towards Transformative Justice At Sakhi For South Asian Women, Soniya Munshi, Bhavana Nancherla, Tiloma Jayasinghe

University of Miami Race & Social Justice Law Review

No abstract provided.

Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn

Akron Law Review

This paper seeks to inform current conversations about dedicated domestic violence courts by shedding light on Kross’s remarkable early efforts to treat domestic violence prosecutions differently from other criminal matters and handle them in a designated court part. The story of Kross’s Home Term Part – the first specialized criminal domestic violence court in New York and perhaps the United States—is an important chapter in the history of intimate violence policies in this country. Recognition of Home Term is crucial to any complete account and understanding of our criminal justice system’s renewed efforts at judicial innovation through specialized “problem-solving” courts. …

Law Schools And The Legal Profession: A Way Forward, Peter A. Joy

Akron Law Review

This essay proceeds in four parts. Part II briefly examines the disengagement of law schools from the legal profession both in much of the scholarship produced and through courses required for graduation. Part III analyzes why some state bar regulators are imposing admission requirements in response to law schools failing to prepare students better for the practice of law. Part IV discusses the types of bar admission requirements being considered. Finally, in Part V, I argue that rather than being reactive and resistant to change, law schools should be forward looking and incorporate changes that will not only better prepare …

Substantive Parenting Arrangements In The Usa: Unpacking The Policy Choices, Margaret F. Brinig

Journal Articles

Policy makers in the US currently debate whether to keep discretionary child custody standards, that is, “best interests of the child” clarified by some factors, or to move to a more rule-based system, such as a presumptive shared parenting regime. This article briefly sets out the problem, theoretical and evidence-based ways of approaching it, and some new results from a study of court documents from one US state indicating that a strong presumption of shared custody is associated with an increase in post-decree domestic violence. While presumptions or de facto rules should facilitate bargaining, these results may tip the balance …

2015 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Rabbi Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman

Welcome:

David P. Samson, Benjamin N. Cardozo School of Law; Class of 1993

Remarks:

Matthew Diller, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

The Honorable Denny Chin, United States Court of Appeals, Second Circuit

Alumni Greeting:

Alissa D. Makower, Chair, Alumni Association, Benjamin N. Cardozo School of Law; Class …