Digital Commons Network^™

Aboriginal And Treaty Rights And Violence Against Women, John Borrows

Osgoode Hall Law Journal

Violence against Indigenous women is a crisis of national proportions. Unfortunately, Indigenous peoples have been prevented from arguing that Indigenous communities are a constitutional site of activity for dealing with such violence. This article suggests that Aboriginal and treaty rights under section 35 of the Constitution could play a significant role in ensuring that all levels of government are seized with the responsibility for dealing with violence against women. This article explores how section 35 could be reinterpreted in ways that place issues of gender and violence at the heart of its analysis.

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert F. Seibel

Faculty Scholarship

We conclude in this Article that expanded practice-based, experiential education will provide foundational learning for the successful transition from law student to law practice, and that clinical education (in-house clinics, hybrid clinics, and externships) is crucial to the preparation of competent, ethical law graduates who are ready to become professionals. We urge law schools to require each graduate complete a minimum of twenty-one experiential course credits over the three years of law school, including at least five credits in law clinics or externships. Twenty-one required credits (or roughly 25 percent of the eighty-three required credits for graduation from an American …

Honoring A Common Humanity: Maxims For Achieving Social Justice, Schweitzer Leadership Award Acceptance Remarks, Emily A. Benfer Prof.

Public Interest Law Reporter

No abstract provided.

Latina And Latino Judges: Changing The Complexion Of The Bench, Mary Dolores Guerra

Florida A & M University Law Review

Although having a diverse bench is instrumental to a fair judicial system, the first Mexican American was not appointed to the federal bench until 1961. In that year, President John F. Kennedy appointed Reynaldo G. Garza, to the U.S. federal bench as a district court judge. Judge Garza hoped that by becoming an "effective jurist" he would quell any scrutiny over his appointment and, moreover, "encourage [the] appointment of other qualified Mexican Americans to the federal bench." Judge Garza was the only Latino appointed to the federal bench until 1979 when President Jimmy Carter appointed several Latinos to the bench, …

A Content Analysis Of Protective Factors Within States' Antibullying Laws, Lori M. Weaver, James R. Brown, Daniel B. Weddle, Matthew C. Aalsma

Faculty Works

No abstract provided.

Physician Assisted Suicide: Debunking The Myths Surrounding The Elderly, Poor And Disabled, Anne Marie Su

UC Law Journal of Race and Economic Justice

In most states, patients with terminal, painful, and debilitating conditions have no means of ending their suffering except by waiting to die. As interest in physician assisted suicide began to grow in this country, the Supreme Court in a series of decisions expressed fear that recognition of a right to die would lead to abuses. For example, disability rights activists in particular argue that it would encourage burdened family members to pressure disabled persons to end their lives. Evidence from the two states that have legalized physician assisted suicide, however, should lay these fears to rest.

This note opens with …

Battling Collateral Consequences: The Long Road To Redemption, Joann M. Sahl

Akron Law Faculty Publications

Mississippi Governor Haley Barbour issued 193 controversial pardons on January 10, 2012, his last day in office. Former Ohio Governor Ted Strickland, who left office in January 2011, also faced criticism when he granted 280 pardons. Both governors publicly acknowledged that they granted most of their pardons to rehabilitated ex-offenders who sought to overcome the civil consequences of their criminal convictions. These consequences, known as collateral consequences, impede the ability of millions of ex-offenders to find employment, housing or other important benefits.

This Article explores the increasingly important, but controversial, role that governors play in the battleground of collateral consequences. …

Filipino Amerasians: Gauging Stigmatization, Intolerance And Hatemongering In A Pluralistic Asia Pacific Society, Peter C. Kutschera, Marie A. Caputi

Journal of Hate Studies

Empirical and evidence-based researchers have neglected stigmatization, bias, name-calling, intolerance and even hatemongering experienced by military Filipino Amerasians and other biracial Pan Amerasian progeny who were abandoned abroad by their U.S. servicemen fathers. This condi- tion persists in the Philippines and has been reliably documented in other East and Southeast Asian nation-states, such as Japan, South Korea, and Vietnam. A relatively recent multiple-case study investigating psychosocial risk and mental health among Amerasians in Angeles, Pampanga, site of the former Clark Air Base, substantiated long-reported anecdotal claims that Anglo (White) and particularly African (Black) Amerasians were targets of victimization and traumatized …

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel

Faculty Scholarship

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …

Preface, John Shuford

Journal of Hate Studies

This volume and Volume 12 focus primarily on presenting peerreviewed scholarly articles developed from the selected proceedings f the Third International Conference on Hate Studies. Themed “The Pursuit of Justice: Understanding Hatred, Confronting Intolerance, Eliminating Inequality,” the conference was co-organized and hosted by the Gonzaga Institute for Hate Studies, the Gonzaga School of Law, and the Washington State Task Force on Race and the Criminal Justice System. Presenters and attendees from two dozen countries worldwide came to Spokane, Washington for four days in April 2013 in order to concentrate on how fear and ignorance of the “other” manifest in hatred, …

Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira

Richmond Journal of Global Law & Business

Current global economic order is openly dependent on foreign direct investment (FDI). At least since the 1990’s, developing countries have competed to attract FDI because it is considered the best source of technology, employment, and financial resources. Colombian Law 963 of 2005, which is a response to said competition, allows the signature of Legal Stability Contracts (LSCs) between the State and investors for the purpose of stabilizing the rules guiding investment decisions, for up to 20 years. Legal stabilization has successfully proven to increase FDI inflows. Nevertheless, incentives for FDI have been subject to several critiques that stress the excess …

The Project Model Of Clinical Education: Eight Principles To Maximize Student Learning And Social Justice Impact, Anna Carpenter

Articles, Chapters in Books and Other Contributions to Scholarly Works

In clinical legal education, there is growing interest in the development of project-based clinical work, which includes a broad range of activities, such as legislative and policy reform, community economic development and community legal education. In the project model, students use non-litigation advocacy strategies to solve challenging legal problems for clients and engage a broad range of multidimensional legal skills, including complex problem-solving, strategic planning, project management, and professional communication skills. Clinical scholarship on project-based learning has suggested that key pedagogical methods, particularly maximizing role assumption and student ownership of clinic work, must be compromised in projects due to the …

Wisdom Is Thrown Into Jail: Using Therapeutic Jurisprudence To Remediate The Criminalization Of Persons With Mental Illness, Michael L. Perlin

Articles & Chapters

The common wisdom is that there are two related villains in the saga of the “criminalization of persons with mental illness”: the dramatic elimination of psychiatric hospital beds in the 1970s and 1980s as a result of the “civil rights revolution,” and the failure of the deinstitutionalization movement. Both of these explanations are superficially appealing, but neither is correct; in fact, the causal link between deinstitutionalization and criminalization has never been rigorously tested. It is necessary, rather, to consider another issue to which virtually no attention has been or is being paid: the near-disappearance of mental status issues from the …

The Project Model Of Clinical Education, Anna Carpenter

Faculty Articles

In clinical legal education, there is growing interest in the development of project-based clinical work, which includes a broad range of activities, such as legislative and policy reform, community economic development and community legal education. In the project model, students use non-litigation advocacy strategies to solve challenging legal problems for clients and engage a broad range of multidimensional legal skills, including complex problem-solving, strategic planning, project management, and professional communication skills. Clinical scholarship on project-based learning has suggested that key pedagogical methods, particularly maximizing role assumption and student ownership of clinic work, must be compromised in projects due to the …

Interdisciplinary Psychology And Law Training In Family And Child Mediation: An Empirical Study Of The Effects On Law Student Mediators, Amy Applegate, Amy Holtzworth-Munroe, Brittany N. Rudd, Ann Freeman, Brian D'Onofrio

Articles by Maurer Faculty

There is growing interest in interdisciplinary training programs for law students. The goal of these programs is to prepare law students for the real world interdisciplinary settings they will face in their careers. However, there exists little research to provide evidence of the utility of such training. This study examined the effectiveness of an interdisciplinary psychology and law training program on law students using a multi-method approach (i.e., knowledge tests and focus group discussion). Findings suggest that interdisciplinary training of law students increased law students’ knowledge of law and psychology, was enjoyed by law students, and had a beneficial impact …

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

Articles

No abstract provided.

The Historical Contingencies Of Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” …

The Developmental Path Of The Lawyer, Michael J. Cedrone

Georgetown Law Faculty Publications and Other Works

My mother does not drive, and I own a towel that I cannot use-these are my reasons for studying law.

I am an integrated tapestry of elation and disappointment, risk and reward, ambiguity and conviction .. .. I discovered [through adversity] that transitional challenges were not permanent impediments to my progress, but were instead emboldening catalysts to my personal evolution and professional development.

These two stories come from admissions essays submitted by members of Georgetown University Law Center's class of 2014, recently published in the Law Center's alumni magazine. The published essays provide fascinating views into the personal experiences and …

Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman

Faculty Publications

No abstract provided.

Gerontology And The Law: A Selected Annotated Bibliography: 2009-2011 Update, Karen Skinner

Publications

No abstract provided.

Gambling Participation And Prevalence Estimates Of Pathological Gambling In A Far-East Gambling City: Macao, Davis Ka-Chio Fong, Bernadete Ozorio

UNLV Gaming Research & Review Journal

This research is the first scientific study of gambling participation and pathological gambling in Macao. In 2003, a computer-assisted random digit dialing method was used to conduct 1,121 telephone interviews. Two-thirds of respondents expressed that they have participated in at least one of the fourteen forms of gambling in the past year. The three most popular forms of gambling include social gambling, Mark Six lottery, and soccer/basketball betting. As for the prevalence of pathological gambling, the Chinese DSM-IV Gambling Behavior Index was used as the screening tool and results indicate that 1.78% of respondents are classified as probable pathological gamblers …

Accessing Justice Ii: A Model For Providing Counsel To New York Immigrants In Removal Proceedings, Stacy Caplow, Peter L. Markowitz, Claudia Slovinsky, Jojo Annobil, Peter Cobb, Amy L. Kenepaske, Nancy Morawetz, Lindsay Nash, Raluca Oncioiu, Oren Root, Maribel Hernández Rivera, Jane Stern, Isaac Wheeler, Marianne Yang

Online Publications

The New York Immigrant Representation Study (“NYIR Study”) is a two-year project of the Study Group on Immigrant Representation to analyze and ameliorate the immigrant representation crisis—the acute shortage of qualified attorneys willing and able to represent indigent immigrants facing deportation. The crisis has reached epic proportions in New York and shows no signs of abating.

In its year-one report (issued in the fall of 2011), the NYIR Study analyzed the empirical evidence regarding the nature and scope of the immigrant representation crisis. In that report, we documented how many New Yorkers—27 percent of those not detained and 60 percent …

Guidelines For Child Protection Mediation, Kelly Browe Olson Co-Editor

Law Faculty Scholarship

No abstract provided.

Creating A Child-Friendly Child Welfare System: Effective Early Intervention To Prevent Maltreatment And Protect Victimized Children, Elizabeth Bartholet

Buffalo Law Review

No abstract provided.

Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.

Pepperdine Law Review

No abstract provided.

A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler

Pepperdine Law Review

No abstract provided.

Washington State Dependency Best Practices Report, Justice Bobbe J. Bridge, Michelle Ressa, Jacob D'Annunzio, Hathaway Burden, Dr. Sheri L. Hill, Lisa Kelly, Rose Wentz

Books

The judge's work in child abuse and neglect cases is among the most challenging of any judicial proceeding. The complexities are substantial. Such cases depend upon the exercise of discretion and good judgment together with the application of sound legal principles. The judge must call upon his or her most cherished skills—objectivity, wisdom, patience, and foresight—in circumstances of acute stress. Lives are literally at stake—the lives of the most vulnerable children and youth in our communities and the lives of families wracked by generations of poverty and despair. Families, children, and youth who have experienced intense trauma; who may be …

The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi

William & Mary Environmental Law and Policy Review

Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …

Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter

William & Mary Bill of Rights Journal

Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …

Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan

Touro Law Review

No abstract provided.