Digital Commons Network^™

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

Faculty Publications & Other Works

No abstract provided.

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

Elisabeth Haub School of Law Faculty Publications

This article details an interdisciplinary collaboration between the Securities Arbitration Clinic at Pace Law School (“SAC”) and the graduate program at Pace University's Lubin School of Business, designed and initiated by the authors. The purpose of the collaboration is to provide a co-curricular learning experience to both J.D. and graduate business students1 while enhancing the pro bono legal services delivered by SAC to its clients. Part I of this article details the history of SAC before the authors initiated the collaboration, and the reasons SAC needed financial expertise. Part II of this article describes models of interdisciplinary collaboration, particularly between …

Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.

Cardozo Journal of Equal Rights & Social Justice

The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …

Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker

Journal of Law and Health

Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …

The New Maryland Rules Of Professional Conduct And Mediation: Perplexing Questions Answered And Perplexing Questions That Remain, Robert Rubinson

University of Baltimore Law Forum

No abstract provided.

Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson

Faculty Scholarship

The Tragedy of American health care is the stubborn persistence of disparities in Black health, one hundred and forty years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social institutions, including some governments, charities, market participants, religions, ideologies, and cultures. Black health disparities interact with other vestiges of slavery such as disparities in wealth, education, employment and housing. They have permeated the American health experience. Efforts to eliminate Black …

A Curious Concurrence: Justice Brandeis' Vote In Whitney V. California, David Skover, Ronald Collins

Faculty Articles

A piece of jurisprudential sleuthing, this article uncovers the back story for a puzzle unanswered by legal historians for some eighty years: Why would the free-speech libertarian Louis Brandeis write the most famous paean to First Amendment normative values in his opinion in Whitney v. United States, and yet join (by way of a concurring opinion) the judgment of the majority of the Court that would have sent the "patrician radical" Anita Whitney to prison for a 14-year term solely for participating in the formation of the California Communist Labor Party? Part of the puzzle is provided by the unpublished …

Right Feeling And Knowing Right: Insanity In Testators And Criminals In Nineteenth Century American Law, Robert Mensel

Oklahoma Law Review

No abstract provided.

Spiritual Custody: Relational Rights And Constitutional Commitments, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Patricia and David Zummo were married on December 17, 1978. When they divorced ten years later, the Zummos were unable to come to agreement about the religious upbringing of their three children. Prior to their marriage, Patricia and David had agreed that they would raise their children in the Jewish faith, and while they were married, "the Zummo family participated fully in the life of the Jewish faith and community." But after the divorce David wanted to take the children to Roman Catholic services as he saw fit, and he refused to arrange for the children's attendance at Hebrew School …

The Forgotten Public Policies Behind The Family And Medical Leave Act: Burden Of Proof Structures Placing Unnecessary Burdens On Employees' Statutory Entitlement, Lisa B. Feinstein

Fordham Law Review

No abstract provided.

But I Was Just A Kid!: Does Using Juvenile Adjudications To Enhance Adult Sentences Run Afoul Of Apprendi V. New Jersey?, Douglas M. Schneider

Cardozo Law Review

No abstract provided.

Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein

Faculty Scholarship

This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …

Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng

Articles by Maurer Faculty

Much of the current literature in multicultural lawyering focuses on learning substantive information about clients who are culturally different from the lawyer, such as how the client's culture perceives eye contact or reacts to science-based world views. This article notes that such a focus sidesteps the human reality that every person reacts to people who are different from him- or herself unconsciously in ways that may be culturally insensitive and discriminatory and that this human reaction occurs despite awareness of the general values, attitudes, and beliefs of the client's culture. It therefore suggests that multicultural lawyering training should begin with …

Representing Children In Families, Bruce A. Green, Annette R. Appell

Faculty Scholarship

No abstract provided.

Rights Myopia In Child Welfare, Clare Huntington

Faculty Scholarship

For decades, legal scholars have debated the proper balance of parents' rights and children's rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents' rights nor children's rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children. Additionally, even if well-implemented, the model still would not serve parents or children because it obscures the important role of poverty in child abuse and neglect and fosters conflict rather than collaboration between the state and families. In lieu of a solely rights-based …

A Stag Hunt Account And Defense Of Transnational Labour Standards---A Preliminary Look At The Problem, Alan Hyde

Rutgers Law School (Newark) Faculty Papers

Transnational labor standards are modeled as cooperative solutions to the class of strategic dilemmas known as Stag Hunts, in which all actors would gain from a cooperative solution, but only if all cooperate. If you think a partner will defect, your best strategy is also to defect. Intuitively, India, Pakistan, and Bangladesh will all be better off if none of their children work and all go to school; however if one defects from this agreement it will capture a stream of foreign investment linked to child labor. Understanding Stag Hunts explains why transnational labor standards are found both in genuinely …

Quality Improvement In Maryland: Partnerships And Progress, Judith D. Moore, Lisa Sprague

National Health Policy Forum

This one-and-a-half-day site visit to Easton, Maryland, explored the activities of the Delmarva Foundation, the Quality Improvement Organization (QIO) for Maryland and the District of Columbia. The program reviewed Delmarva’s responsibilities under their Medicare contract and the initiatives they have undertaken with hospitals and other providers to improve health care outcomes and to define, collect, and report quality data. Local hospital officials added their perspective on quality programs and working with Delmarva. Topics of particular interest were health information technology, patient safety, and quality reporting both to government agencies and to consumers.

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore

Faculty Scholarship

Part I of this article will explore some of the diverse theoretical and cultural roots of the human security concept set forth in the U.N. Charter, as well as the limited historical impact of the human security concept in global affairs since the United Nation's birth. Part II confronts the negative impact of the "War against Terrorism" on the war against poverty by linking recent developments in Iraq and the Great Lakes Region of Africa. Finally, Part III analyzes the international law arguments supporting a legal obligation to promote human security in the U.N. Charter, various human fights instruments, and …

The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Kenneth Kress

ExpressO

Medical advances have led to statutory changes and common law overrulings. This paper argues that such changes are now needed for laws governing the involuntary commitment and treatment of individuals with severe psychiatric disorders. Recent advances in the understanding of the neurobiology of these disorders have rendered obsolete many assumptions underlying past statutes and legal decisions. This is illustrated by using schizophrenia as an example and examining two influential cases: California’s Lanterman-Petris-Short Act (1969) and Wisconsin’s Lessard decision (1972). It is concluded that laws governing involuntary commitment and treatment need to be updated to incorporate the current neurobiological understanding of …

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg

BYU Law Review

No abstract provided.

2004 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

The Provider System For Children's Mental Health: Workforce Capacity And Effective Treatment, Jane Koppelman

National Health Policy Forum

This issue brief examines two issues that are key to meeting children’s unmet needs for mental health care: ensuring that the provider supply is adequate and that the care delivered is effective. It describes the shortage of qualified providers to address children’s mental disorders, as well its possible causes; it describes how managed care, to a certain extent, drives practice patterns; and it discusses the gray areas in deciding which providers are most qualified to deliver what care. In addition, this paper introduces what is known about evidence-based care in children’s mental health, the extent to which it is being …

Lawmaking By Public Welfare Professionals, Margaret F. Brinig

ExpressO

In an era of shrinking state and local resources for domestic violence prevention and detection, governments face a critical question of how to best allocate scarce funds. This paper suggests some answers for treating violence by caregivers and presents a model for evaluating other programs. To reach our conclusions, we analyzed data and survey results supplied by more than 1700 county-level adult protective services (APS) authorities.

We found that some expensive programs produce very few results in terms of reporting, investigating, and substantiating elder abuse. For example, requiring a specific education or experience level (and therefore guaranteeing higher salaries) or …

Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham

Law and Contemporary Problems

If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace.

2004 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 16

An Interview with Kathy Greenberg, page 23

A Free, Informed, and Courageous Press Insures National Security, page 27

The Guantanamo Detainee Case, page 32

Baghdad Diary, page 36

Using the Power of Imagination to Heal a Violent World, page 40

Alumni News & Notes, page 44

Asylum Protection For The Mentally Disabled: How The Evolution Of Rights For The Mentally Ill In The United States Created A "Social Group", Laura E. Hortas

Connecticut Journal of International Law

The tradition of asylum law in the United States reflects the nation's ideals of freedom and opportunity and its desire to welcome the oppressed of other countries. Over time, however, the government has tempered this humanitarian goal with controls and restrictions on who can gain asylum, including statutory criteria that include "persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."' The definition of "membership in a particular social group," adopted from the 1951 Geneva Convention relating to the Status of Refugees, is the least clearly defined category …

Unlv Magazine, Holly Ivy De Vore, Nancy Syzdek, Patrice E.M. Hollrah, Douglas Unger, Eugene Moehring, Gillian Silver, John F. Gallagher, Lori Bachand, Gian Galassi, Hal Rothman, Mark Hoversten, Phil Hagen, Donna Mcaleer, Suzan Dibella

UNLV Magazine

No abstract provided.