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Heart And Soul: A New Rhythm For Clinical Externships, Leslie Larkin Cooney Jan 2005

Heart And Soul: A New Rhythm For Clinical Externships, Leslie Larkin Cooney

St. Thomas Law Review

The message of Therapeutic Jurisprudence is simple - focus on emotional life and psychological well-being and practice law as a healing profession - but the application of Therapeutic Jurisprudence to clinical teaching can have far ranging results. "Lawyers trained to be professionals have not been trained in how to respond to the anxiety, hurt feelings, and other emotions ... ," Law students arriving today in our clinical education settings require extra attention to the development of interpersonal skills for a variety of reasons. This article explores the concepts and development of Therapeutic Jurisprudence and outlines the benefits derived from incorporating …

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Practicing (And Teaching) Therapeutic Jurisprudence: Importing Social Work Principles And Techniques Into Clinical Legal Education, Susan L. Brooks Jan 2005

Practicing (And Teaching) Therapeutic Jurisprudence: Importing Social Work Principles And Techniques Into Clinical Legal Education, Susan L. Brooks

St. Thomas Law Review

Practicing Therapeutic Jurisprudence ("TJ") requires proponents to advance a particular normative framework. As a clinical social worker turned lawyer, who is now also a clinical law teacher, I believe strongly that the field of social work provides a useful framework for legal education and practice. As I will demonstrate through examples from my teaching and my students' practice experiences, the role of the clinical law teacher is uniquely and well suited to apply social work values, principles, concepts, and techniques. By importing these core social work elements into the clinical legal education, faculty can truly teach future lawyers to practice …

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Making The Case: Therapeutic Jurisprudence And Problem-Solving Practices Positively Impact Clients, Justice Systems And Communities They Serve, Cait Clarke, James Neuhard Jan 2005

Making The Case: Therapeutic Jurisprudence And Problem-Solving Practices Positively Impact Clients, Justice Systems And Communities They Serve, Cait Clarke, James Neuhard

St. Thomas Law Review

What is becoming known as Therapeutic Jurisprudence or client-centered representation is new to most line-lawyers or leaders of traditional public defense programs. However, many of these practices have been incorporated into the daily practices within defender offices for decades. Strategies that secure better bonds or sentences lead many public defense programs to seek early entry into the jails and to verify client information. Efforts to learn about "beds" for their clients that were unknown to swamped probation programs have lead offices and individual defenders to actively participate and create alternative treatment programs. Overworked offices hire less expensive sentencing specialists or …

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Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, Jill I. Gross, Ronald W. Filante Jan 2005

Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, Jill I. Gross, Ronald W. Filante

Fordham Journal of Corporate & Financial Law

No abstract provided.

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Why Do I Teach Restorative Justice To Law Students?, Janine Geske Jan 2005

Why Do I Teach Restorative Justice To Law Students?, Janine Geske

Marquette Law Review

No abstract provided.

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Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen Jan 2005

Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen

Articles

No abstract provided.

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An Analysis Of Unified Family Courts In Maryland And California: Their Relevance For Ontario's Family Justice System, Barbara A. Babb Jan 2005

An Analysis Of Unified Family Courts In Maryland And California: Their Relevance For Ontario's Family Justice System, Barbara A. Babb

All Faculty Scholarship

The Ministry of the Attorney General of Ontario has contracted with the University of Baltimore School of Law's Center for Families, Children and the Courts to prepare this research paper. The purpose of the paper is to provide an overview of unified family courts and court-connected family services in two jurisdictions, Maryland and California, as agreed to by officials of the Ministry. The overview provides information about the structure of each jurisdiction's unified family court, family services connected to the court, the role of judicial and quasi-judicial officers, the assignment and specialization of the judiciary, rules or processes to deal …

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Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen Jan 2005

Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen

Villanova Law Review (1956 - )

No abstract provided.

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Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason Jan 2005

Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason

Office for Policy Studies on Violence Against Women Publications

In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.

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Recent Developments: State V. Snowden: Hearsay Statements Made By Child Abuse Victims To A Social Worker May Not Be Admitted At A Criminal Trial Through The Social Worker Under Maryland's "Tender Years" Statute, Erica C. Mudd Jan 2005

Recent Developments: State V. Snowden: Hearsay Statements Made By Child Abuse Victims To A Social Worker May Not Be Admitted At A Criminal Trial Through The Social Worker Under Maryland's "Tender Years" Statute, Erica C. Mudd

University of Baltimore Law Forum

No abstract provided.

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Foreword, Sara Y. Kasai, Peter E. Naylor Jan 2005

Foreword, Sara Y. Kasai, Peter E. Naylor

Saint Louis University Public Law Review

No abstract provided.

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From Helping To Hoarding To Hurting: When The Acts Of "Good Samaritans" Become Felony Animal Cruelty, Lisa Avery Jan 2005

From Helping To Hoarding To Hurting: When The Acts Of "Good Samaritans" Become Felony Animal Cruelty, Lisa Avery

Valparaiso University Law Review

No abstract provided.

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The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya Jan 2005

The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya

Research outputs pre 2011

Racism in Australian society is not something new and surprising. For a variety of historical and socio-political reasons it has existed from the earliest days ·of colonisation, and there have been a variety of strategies tried over the years to deal with racism as a social problem. One strategy most frequently resorted to, especially in recent years, has been to use the law as a means of combating racism. Before considering the questions of law and racism, we need first to clarify what we mean by the term racism...

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For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr Jan 2005

For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr

William Mitchell Law Review

This article will discuss the federal legislation and regulations—ASFA and CFSR—that hold the states accountable for the health and well-being of children and adolescents in foster care. This article will also discuss how the Early Periodic Screening Diagnosis and Treatment (EPSDT) program, the comprehensive health care services that states are required to provide through Medicaid, is used to address the health and wellbeing of children and adolescents in foster care. Critical to a discussion on the well-being of foster youth is the Chafee Foster Care Independence Act of 1999 that emphasized the states’ responsibility to ensure that youth in foster …

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Justice And Jesuit Legal Education: A Critique, John M. Breen Jan 2005

Justice And Jesuit Legal Education: A Critique, John M. Breen

Loyola University Chicago Law Journal

No abstract provided.

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Law Is Not Enough, Berta E. Hernández-Truyol Jan 2005

Law Is Not Enough, Berta E. Hernández-Truyol

UF Law Faculty Publications

In 1995, the United Nations reported “in no society today do women enjoy the same opportunities as men.” The condition and status of women worldwide was one of social, political, educational, legal, and economic inequality. Ten years later, women's economic disparities persist. In Gender Injustice: An International Comparative Analysis of Equality in Employment, Dr. Anne-Marie Mooney Cotter focuses on women's global inequality in employment. The book's in-depth examination of women's second-class, subordinated status in the workplace around the world provides invaluable insights into the complexities of gender inequality.

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Lawrence, Lofton, And Reasoned Judgment: On Who Can Adopt And Why, Mark Strasser Jan 2005

Lawrence, Lofton, And Reasoned Judgment: On Who Can Adopt And Why, Mark Strasser

St. Thomas Law Review

Recently, in Lofton v. Security of Department of Children & Family Services, the Eleventh Circuit upheld Florida's gay adoption ban. The opinion is important for a variety of reasons, not least of which is that it was issued after the United States Supreme Court had decided Lawrence v. Texas. The Lofton court's reading of Lawrence was so implausible that it would have been easy for the Supreme Court to have reversed Lofton, while nonetheless offering an analysis significantly narrower than Lawrence. Regrettably, the Supreme Court denied certiorari when the decision was appealed, so we will simply have to wait and …

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Science, Globalization, And Educational Governance: The Political Rationalities Of The New Managerialism, Kathleen D. Hall Jan 2005

Science, Globalization, And Educational Governance: The Political Rationalities Of The New Managerialism, Kathleen D. Hall

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

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Programs For Democratic Citizenship In Mexico's Ministry Of Education: Local Appropriations Of Global Cultural Flows, Bradley A. U. Levinson Jan 2005

Programs For Democratic Citizenship In Mexico's Ministry Of Education: Local Appropriations Of Global Cultural Flows, Bradley A. U. Levinson

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

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The Myth Of Separation: America's Historical Experience With Church And State, Patrick Garry Jan 2005

The Myth Of Separation: America's Historical Experience With Church And State, Patrick Garry

Faculty Publications

The 2004 presidential campaign once again thrust religion into the political debate. John Kerry criticized President Bush for using his faith to seek support from religious leaders and organizations. The Catholic Church criticized John Kerry's position on abortion, and Kerry supporters in turn attacked the Church for overstepping its bounds. Democrats opposed President Bush for his faith-based initiative, claiming that it violated separation of church and state, and Republicans argued that Democrats were trying to banish religion from the public square. Underlying these debates, however, was the nation's historical and constitutional experience with church-state relations.

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Religious Freedom Deserves More Than Neutrality: The Constitutional Argument For Nonpreferential Favoritism Of Religion, Patrick Garry Jan 2005

Religious Freedom Deserves More Than Neutrality: The Constitutional Argument For Nonpreferential Favoritism Of Religion, Patrick Garry

Faculty Publications

No abstract provided.

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The Community Dimension Of State Child Protection, Dorothy E. Roberts Jan 2005

The Community Dimension Of State Child Protection, Dorothy E. Roberts

Hofstra Law Review

No abstract provided.

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Fixing Foster Care Or Reducing Child Property: The Pew Commission Recommendations And The Transracial Adoption Debate, Sarah Ramsey Jan 2005

Fixing Foster Care Or Reducing Child Property: The Pew Commission Recommendations And The Transracial Adoption Debate, Sarah Ramsey

Montana Law Review

Fixing Foster Care or Reducing Child Property

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Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Calvin Morill, John Hagan, Bernard E. Harcourt, Tracey L. Meares Jan 2005

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Calvin Morill, John Hagan, Bernard E. Harcourt, Tracey L. Meares

Faculty Scholarship

There is a rich intellectual history to the sociological study of crime and punishment that encompasses multiple and interrelated traditions. Some of these traditions trace their roots to the European social theorists of the nineteenth century, particularly Emile Durkheim, Max Weber, and Karl Marx. Although only Durkheim and Weber systematically studied law (and only Durkheim actually studied punishment), all three social theorists facilitated the development of sociological research and theory on crime and punishment. Durkheim's Suicide: A Study in Sociology for example, investigated the relationship between social integration and suicide rates, which, in turn, provided a model of inquiry for …

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The New Prosecution, Kay L. Levine Jan 2005

The New Prosecution, Kay L. Levine

Faculty Articles

This Article proceeds as follows. Part I introduces the Statutory Rape Vertical Prosecution Program that took shape in California in the mid-1990s. In addition to explaining how this program emerged and its central features, I highlight the aspects of the SRVPP that distinguish California statutory rape prosecutors from the traditional image of the local prosecutor in the United States. Part II offers some background on the new prosecution and the problem-oriented approach to criminal justice, explaining how this model differs from the traditional crime-based or case-based method of criminal justice work. In Part III, I use empirical data derived from …

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Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans Jan 2005

Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans

Articles & Book Chapters

This article examines the history of community legal workers in Ontario, within the context of the community legal clinic movement that began in Toronto, in the early seventies. Tracing the emergence and development of community legal clinics and how their role has changed, the author directly connects the changes in the legislation, as well as the administrative changes in clinic governance, to the shifting ro le of the CLW's within Ontario's community legal clinics. The article identifies the shift in the CLW's role from one largely of community outreach and education addressing systemic problems in access to justice, to one …

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The Ethics Of Cause Lawyering: An Empirical Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne Jan 2005

The Ethics Of Cause Lawyering: An Empirical Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne

Journal of Criminal Law and Criminology

No abstract provided.

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Reforming Child Protection: A Public Health Perspective, Marsha Garrison Jan 2005

Reforming Child Protection: A Public Health Perspective, Marsha Garrison

Faculty Scholarship

No abstract provided.

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Universities And Other Institutions Of Higher Learning Jan 2005

Universities And Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

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Justice And Jesuit Legal Education: A Critique, John M. Breen Jan 2005

Justice And Jesuit Legal Education: A Critique, John M. Breen

Faculty Publications & Other Works

No abstract provided.

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