Digital Commons Network^™

Contextualizing Bias Crimes: A Social & Theoretical Perspective, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

Biographies Of Symposium Participants, American University Law Review

American University Law Review

No abstract provided.

Intimate Violence As Intimate: The Journey And A Path, Linda G. Mills

Cardozo Journal of Equal Rights & Social Justice

The article critiques the mainstream feminist approach to domestic violence, which frames it as a legal issue to be addressed primarily through the criminal justice system. It argues that this narrow formulation fails to account for the complexities and intimacies of domestic violence, particularly for marginalized groups like lesbians and reluctant victims. The author advocates for moving beyond legal solutions and embracing more nuanced, case-specific approaches that prioritize the unique needs and voices of those affected by intimate violence.

Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg

Librarians' Articles

This research guide identifies and describes 163 books, periodicals, reference tools, databases, electronic discussion groups, organizations, and U.S. government agencies useful to the elder law practitioner and the legal researcher. Appendices include a state-by-state list of state aging agencies, bar association committees and sections, law school courses and clinics, and publications; acronyms; and subject headings and a index terms used in library catalogs, periodical indexes, and related sources.

Commentary On Counsel's Duty To Seek And Negotiate A Disposition In Capital Cases (Aba Guideline 10.9.1), Russell Stetler

Hofstra Law Review

This paper discusses counsel's duty to seek to resolve death penalty cases through negotiated dispositions for a sentence less than death.

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Journal Articles

Recent reports recognize that children and adolescents with undiagnosed mental illnesses make up a significant proportion of youth in the juvenile justice system. In determining how to rehabilitate youth in the juvenile justice system, judges, lawyers, and probation officers are starting to look at mental health problems as one element contributing to delinquent behavior. It is becoming more common for attorneys to request “mental health assessments” for their juvenile clients. Problems arise, however, in determining what specifically constitutes such an assessment, and in deciding what to do with this information once it is obtained. In 2001, the Illinois Cook County …

Retribution: The Central Aim Of Punishment, Gerard V. Bradley

Journal Articles

When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand required …

Faith-Based Initiatives: Expanding Government Collaboration With Faith-Based Social Service Providers, Robert W. Carter Jr.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Fact-Finding In Civil Domestic Violence Cases: Secondary Traumatic Stress And The Need For Compassionate Witness, Ann E. Freedman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Florida's Gay Adoption Ban: What Do Floridians Think?, Scott D. Ryan, Laura Bedard, Marc Gertz

University of Florida Journal of Law & Public Policy

No abstract provided.

Choosing The Genetic Makeup Of Children: Our Eugenics Past-Present, And Future?, Michael J. Malinowski

Journal Articles

No abstract provided.

Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet

Publications

No abstract provided.

Genetic Health And Eugenics Precedents: A Voice Of Caution, Larry I. Palmer

Faculty Publications

No abstract provided.

Parental Ratification: Legal Manifestations Of Cultural Authenticity In Cross-Racial Adoption, Kevin Noble Maillard

American Indian Law Review

No abstract provided.

Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly

Journal Articles

No abstract provided.

Promoting Children's Interest Through A Responsible Research Agenda, Margaret F. Brinig

Journal Articles

I deeply wish to see more good empirical work in family law. If our system had all of the money in the world, I would wish to spend it to guarantee happy, healthy children. But since resources are scarce, and children's issues must compete with other interests that range from national security to care for the elderly, I would suggest spending a relatively modest amount to determine what programs would likely prove successful.

Usually public policy follows from the wishes of adults. In family law, this occurs although virtually all the legislation dealing with families and children begins with a …

Controversies In Divorce Mediation, Dennis P. Saccuzzo

North Dakota Law Review

No abstract provided.

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11,2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to explore …

From The Ne'er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard Harcourt

Faculty Scholarship

Criminal law in the United States experienced radical change during the course of the twentieth century. The dawn of the century ushered in an era of individualization of punishment. Drawing on the new science of positive criminology, legal scholars called for diagnosis of the causes of delinquency and for imposition of individualized courses of remedial treatment specifically adapted to these diagnoses. States gradually developed indeterminate sentencing schemes that gave corrections administrators and parole boards wide discretion over treatment and release decisions, and by 1970 every state in the country and the federal government had adopted a system of indeterminate sentencing. …

Owning Enlightenment: Proprietary Spirituality In The New Age Marketplace, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Serpent Beguiled Me: A History Of The Entrapment Defense, Rebecca Roiphe

Articles & Chapters

No abstract provided.

Grandparent Visitation Claims: Assessing The Multiple Harms Of Litigation To Families And Children, Stephen A. Newman

Articles & Chapters

This article provides a detailed appraisal of the negative consequences of grandparent visitation lawsuits, and of the harms caused by state-coerced grandparent visitation, in the context of the malfunctioning extended family. I suggest that the special weight afforded a fit parent's decision should be very substantial, and that it should be dispositive of the case unless the grandparent can produce convincing evidence showing that extraordinary circumstances, involving clear harm to the child, justify court ordered visitation. This high degree of deference to parents derives from two features of grandparent visitation cases that deserve more attention than they have received so …

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

Lessons From Nepal: Partnership, Privilege And Potential, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Dramatic differences in culture present students with the opportunity to gain considerable perspective on their own perceptions and a chance to operate in a legal environment that, like most endeavors in the world today, has become increasingly globalized. This kind of experience has generally been missing in the training of our university law students. The students in Washington University's Civil Justice Clinic have provided legal services to women and children who have been victims of violence in a wide array of socio-economic settings. They have also worked on policy initiatives that shape government on city, state and federal levels. But …

Law As Social Work, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

In our work as lawyers for low income clients and as clinical teachers, we are sometimes told by our professional counterparts in private practice - especially those who work in large corporate firms - that what we do "isn't law, it's social work." Similarly, our students sometimes complain that the work they do on behalf of low income clients "isn't law, it's social work." In the past we have tended to respond to this "social worker" charge defensively. We insisted that what we and our students do is "law," that it is really no different from what private practitioners do …

Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales

Kentucky Law Journal

No abstract provided.

Toward A Coherent Approach To Tort Immunity In Judicially Mandated Family Court Services, Nat Stern, Karen Oehme

Kentucky Law Journal

No abstract provided.

Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May

Kentucky Law Journal

No abstract provided.

The Medicare And Medicaid Intersection: Caring For Arizona's Seniors, Nora Super, Lisa Sprague, Judith D. Moore

National Health Policy Forum

This site visit to Phoenix examined the interplay between Medicare and Medicaid and how payment streams and regulatory requirements affect the delivery of health and long-term care services. The visit explored trends related to Medicare+Choice plan participation, physician acceptance of Medicare patients, and care management for individuals with chronic illnesses, such as Alzheimer’s disease. It also considered Arizona’s capitated Medicaid long-term care program, which recently implemented competitive bidding among plans in Maricopa County.

2002 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 14

Betting on a Clerkship, page 18

In the Spirit of Cardozo: The Founding of the Law School, page 20

Summer Jobs. Summer School. They Aren’t Just Work, page 29

Cardozo Students Learn the Art of Crafting Solutions through ADR, page 35

Alumni News & Notes, page 40