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Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Health Of The People: The Highest Law?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Law and ethics in population health are undergoing a renaissance. Once fashionable during the Industrial and Progressive eras, the ideals of population health began to wither with the rise of liberalism in the late twentieth century. In their place came a sharpened focus on personal and economic freedom. Political attention shifted from population health to individual health and from public health to private medicine.

The field of public health law and ethics needs a theory and definition (what is public health law and ethics and what are its doctrinal boundaries?); a well-articulated vision (why should health be a salient public …

The Deferred Action Program Of The Bureau Of Citizenship And Immigration Services: A Possible Remedy For Impossible Immigration Cases

San Diego Law Review

This beneficent operations instruction permitted two alternative interpretations, each of which was taken up by the federal courts. In the case of Nicholas v. INS, the petitioner asked the Ninth Circuit Court of Appeals to overrule the district director’s decision to deny his nonpriority status application. The court determined that the operations instruction confers a “substantive benefit upon the alien, rather than setting up an administrative convenience,”and thus is essentially a legislative rule requiring a strict standard of application, and not one allowing the INS a significant amount of discretion. The Fifth Circuit held in Soon Bok Yoon v. INS …

Mmorpg's In The College Classroom, Aaron Delwiche

NYLS Law Review

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2004-2006, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

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

Hofstra Law Review

This article examines the historical experience of the First Amendment's Establishment Clause. Throughout the colonial and constitutional periods of the United States, the classical concept of an exclusive state church dominated the American image of an establishment of religion. Astate preference of one denomination over others was what was primarily thought to be an establishment of religion, as the Framers did not want to duplicate the English experience with the established Anglican church.

Late eighteenth century Americans agreed that government could provide special assistance to religion in general, as long as such assistance was given without any preference among sects. …

Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta

Journal of Law and Health

Society, including the legal profession, fears the risk of transmission of HIV in an occupational setting. This is particularly true for those in the health care and public safety settings (fire fighters, police, and healthcare practitioners). This note will assert that the law should afford HIV infected public safety and healthcare employees the right to continue in their occupations. According to current medical evidence, when public safety and healthcare employees use universal precautions the risk of transmission to a person(s) assisted is insignificant. At the beginning of the epidemic, the medical profession had yet to conduct research, and the risks …

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Faculty Journal Articles and Book Chapters

This Article is an attempt to fill in some of the gaps in the public's knowledge of the case Lawrence v. Texas. Much of the rich post-arrest history of the case has been ignored. But for the courage, insight, and initiative of three men in particular, the arrest might have been another forgotten episode in what the author calls the under history of the Texas sodomy law, the history not told in appellate opinions or in most other accounts.

Section II reviews the "somewhat known" past, tracing the evolution of the Texas sodomy law from a statute so facially …

Promoting Social And Economic Justice Through Interdisciplinary Work In Transactional Law, Susan R. Jones

GW Law Faculty Publications & Other Works

Drawing upon the author's experience with a law school Small Business Clinic, this article claims that business law transactional practice is inherently interdisciplinary, involving collaboration from various disciplines, including law, business, accounting, finance, engineering, computer science, and the social sciences. The author explores the need for legal assistance for entrepreneurs and other small businesses, especially for women and minority business owners, and discusses the recent rise in small business clinics and community economic development (CED) clinical programs, which the author attributes to a trend away from government entitlements and toward personal responsibility and economic self-sufficiency, the failure of the litigation …

Children’S Health And Human Rights, Norie Nogami

Human Rights & Human Welfare

One of the first international attempts to improve the health of children was by Ms.Eglantyne Jebb, a founder of Save the Children, during the aftermath of the WWI. She drafted the Geneva Declaration of the Rights of the Child, the first international children’s rights document adopted by the League of Nations in 1924. Today, in the Convention on the Rights of the Child (1989) we have a more comprehensive and near universal legal instrument for children’s rights.

A Law And Social Work Clinical Program For The Elderly And Disabled: Past And Future Challenges, Toby Golick, Janet Lessem

Articles

This Article tells the story of our effort to establish an interdisciplinary law and social work program at Cardozo Bet Tzedek Legal Services (“CBT”), a law clinic at Benjamin N. Cardozo School of Law. The program is predicated on the belief that law and social work collaboration will benefit clients as well as students. The Article is primarily descriptive—telling what we did, why we did it, why we were disappointed with it, and how we changed the program. The Article also attempts to continue a constructive critique, on the assumption that even if something is not broken, it can be …

Challenging Nation, Catherine Dauvergne, W. Wesley Pue

All Faculty Publications

This paper introduces a project on the role of the "nation" as symbol, construct, event and actor, drawing on historical insights and postcolonial perspectives as well as focusing on urgent contemporary issues. It forms the introduction to a symposium issue of Law Text Culture on that theme. The idea of nation that has suffused the history of "the west" and its colonies for four hundred years is at once deeply political, raced, gendered and spaced. Nation stands at once as a positive, encompassing symbol of solidarity transcending the fractiousness of smaller groups but also as a force for exclusion, xenophobia, …

Remembering Oscar Schachter, Lori Fisler Damrosch

Faculty Scholarship

In this issue of the Columbia Law Review and also in the pages of journals that specialize in international and transnational law,' my colleagues and I celebrate the professional accomplishments of Oscar Schachter as a superlative scholar and public servant, as well as his qualities as a human being. Here, I will speak mainly in the personal rather than professional voice. One of the reasons I want to reminisce rather than eulogize is the very impossibility of putting the proper frame on the superlatives.

Access And Justice: The Transformative Potential Of Pro Bono Work , Martha F. Davis

Fordham Law Review

No abstract provided.

Access To Justice: Again, Still, Deborah L. Rhode

Fordham Law Review

No abstract provided.

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Articles

On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Garner having anal sex. This violated the Texas Homosexual Conduct law,3 and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights.

An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately

Theses : Honours

The increase of divorce in Australia is creating a social phenomenon for family researchers. Many families resolve disputes regarding children in the Family Courts, however due to the protracted litigation process many partners will have repartnered. Little is understood about how bureaucratic systems impact upon the experience of stepparents. These decisions might very well impact on the stepparents own new lifestyle and relationship, placing an additional burden on themselves and the stepfamily. The purpose of this review is to explore the literature pertaining to the issues surrounding repartnering and the Family Court process in order to illustrate how this invisibility …

Leaders, Followers, And Free Riders: The Community Lawyer’S Dilemma When Representing Non-Democratic Client Organizations, Michael R. Diamond, Aaron O'Toole

Georgetown Law Faculty Publications and Other Works

This article will explore various aspects of the dissonance between the democratic ideal and the reality of groups in disenfranchised and disempowered communities. We will discuss the intersection of democracy and community action by examining the sociology of groups and the social psychology of leaders and followers. We will also examine the role of, and choices presented to, an attorney working in a community and for local community groups.

On The Historical School Of Jurisprudence, Robert E. Rodes

Journal Articles

Legal theory has tended to treat the Historical School as a poor relation, but it has important contributions to make. Developed in opposition to the one-size-fits-all form of natural law that eventuated in the Code Napoleon, it attributes law to a Volksgeist, the spirit of a people, as developed in the peculiar historical experience of that people. The original German proponents of the school had trouble explaining the reception of Roman law in Germany, but despite the importation of technical elements from without, a people's laws are in fact part of their culture and of their spiritual heritage as these …

Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf

William & Mary Bill of Rights Journal

The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.

Drunk, Sleeping, And Incompetent Lawyers: Is It Possible To Keep Innocent People Off Death Row?, Ira Mickenberg

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Health Care Law, Kathleen M. Mccauley

University of Richmond Law Review

No abstract provided.

Conference Program

Hofstra Law Review Symposia

No abstract provided.

Peace And Insurance: Recovering The Utopian Vision Of Insurance In Royce's War And Insurance, Jonathan Simon

Connecticut Insurance Law Journal

No abstract provided.

Inside Unlv, Cate Weeks, Diane Russell, Carol C. Harter, Martin Watson

Inside UNLV

No abstract provided.

Postnational Insurance On The Eve Of Destruction, Timothy Alborn

Connecticut Insurance Law Journal

No abstract provided.

Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser

University of Michigan Journal of Law Reform

This Article examines the debate over multidisciplinary practice in the wake of the collapse of Enron and Arthur Andersen. Part I addresses the history of the scholarly debate about multidisciplinary practice in the United States. It discusses the focus on large multidisciplinary firms, feared threats to independent professional judgment, and the current rule concerning lawyers and multidisciplinary practice.

Part II examines the reasons for allowing multidisciplinary practice. The author argues that client demand, lawyer demand, and policy reasons all provide valid reasons for permitting "one-stop" shopping. Part I also discusses existing forms of multidisciplinary practice. The author argues that the …

Fair Housing Issues In Continuing Care Retirement Communities: Can Residents Be Transferred Without Their Consent?, Lauren R. Sturm

City University of New York Law Review

No abstract provided.

Police Response To Domestic Violence: Does Officer Gender Make A Difference?, Amy Leighann Whitmore

Sociology & Criminal Justice Theses & Dissertations

With domestic violence an increasing problem within the United States, police response to domestic violence has emerged as an important issue in its prevention and treatment. Recent research on police response to domestic violence has yielded conflicting results, with some studies showing that officer gender affects responses. The purpose of this study was to examine the effect that officer gender has on both formal and informal police responses to domestic violence. Incident reports were collected from a police agency to examine responses to domestic violence.

Results indicated that officer gender does have a significant effect upon both formal and informal …

Social Working Meeting, Lizzie R. Hatcher

Additional Special Events

No abstract provided.