Digital Commons Network^™

There Is A Method(Ology) To This Madness: A Review And Analysis Of Feedback In The Clinical Process, Victor M. Goode

Oklahoma Law Review

No abstract provided.

Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch

Seattle University Law Review

The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience …

Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario

Maryland Law Review

No abstract provided.

Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Choosing The Lesser Evil: Comments On Besharov's "Child Abuse Realities", Margaret F. Brinig

Journal Articles

Determining the degree of state intervention into intra-family decision making requires an unhappy choice between allowing abuse to continue or interfering with some families that would be better left alone. Mr. Besharov introduces the possible harms associated with the increased involvement of the state but fails to fully comprehend the circumstances that necessitate such involvement. Evils bracket the phenomenon discussed in Mr. Besharov's paper and this one. The difference in our approach lies in the choice we think is the lesser evil of the two, not that we think that either the harms associated with state involvement or the risk …

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

Faculty Articles

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …

Dialogue Magazine, Winter 2000

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …

Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario

All Faculty Scholarship

An elderly man recently lost his wife and visits the lawyer's office for assistance in the administration of her estate. After the attorney expresses her condolences, she asks if his wife had a will. The client reaches into a brown shopping bag and retrieves a two-and-a-half inch black binder containing several trusts. The elderly gentleman and his deceased wife were told this would eliminate the expensive legal nightmare of probate. Unfortunately, like many others, this couple was victimized by a trust mill.

Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill

Scholarship@WashULaw

This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.

Schools-Public Schools: United States Supreme Court Adopts Bright-Line Test For Determining Whether A Requested Service Is A Required Related Service Under The Individuals With Disabilities Education Act, Erin M. Diaz

North Dakota Law Review

No abstract provided.

The Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill

Faculty Scholarship

The last century has seen little change in the conduct of litigation before the United States Supreme Court. The Court's familiar procedures – the October Term, the opening-answering-reply brief format for the parties, oral argument before a nine-member Court – remain essentially as before. The few changes that have occurred, such as shortening the time for oral argument, have not been dramatic.

The Article is organized as follows. Part I provides an overview of amicus curiae activity in the Supreme Court over the last fifty years, tracking the increase in amicus filings and in the Court's citation and quotation of …

The Practice Of Pediatrics In Pedagogy? The Costly Combination In Cedar Rapids Community School District V. Garret F., Jennifer L. Barnes

University of Richmond Law Review

The Individuals with Disabilities Education Act ("IDEA")' was enacted in 1975 to ensure that all children with disabilities, like their nondisabled counterparts, have access to a free appropriate public education designed to meet their unique needs. This "appropriate education" mandate emphasizes the necessity of providing such children with special education and "related services," and federal funding is offered to state and local educational agencies to assist in implementing this objective.

Integrating Spiritual Perspectives With The Law School Experience: An Essay And Invitation, Lucia A. Silecchia

Scholarly Articles

Reports of burn-out, disillusionment, and stress abound in modern literature as the legal profession faces a period of rapid change and sobering self-reflection on the ways in which it should operate as an honorable and noble profession.

In a seemingly unrelated development, there is a steadily growing interest in the spirituality of modern professional life. As those in other fields have also grappled with both outward critique and inward self-reflection, the past several years have seen a renewed interest in the spiritual aspects of worldly occupations. As time goes on and interest in spirituality and professional life increases, the legal …

Integrating Spiritual Perspectives With The Law School Experience: An Essay And An Invitation, Lucia Ann Silecchia

San Diego Law Review

This Essay will reflect on the ways in which the traditional life of law schools may be colored by a new emphasis on spirituality. 10 This Essay will not delve into an extensive theological thesis about the definition of spirituality or the practical and philosophical nuances of the spiritual life. Rather, the pages that follow are an invitation to begin a discussion of spirituality within the life of American law schools. This Essay begins with a discussion of spirituality in professional life generally. It will become apparent very quickly that there are difficulties in defining what spirituality is and in …

The Urban Housing Issues Symposium: Interdisciplinary Study In A Clinical Law & Policy, Peter W. Salsich

All Faculty Scholarship

This article describes the Urban Housing Issues Symposium, an interdisciplinary program that began in 1992 as a cooperative experiment between the Saint Louis University School of Law and the Washington School of Architecture. The program, which soon expanded to include social work and public policy students, used hypothetical problems, and later real life problems, as a way of demonstrating the importance of interdisciplinary relationships that the professions have in the context of real estate development. By giving the students the chance to interact, the students learned a greater appreciation for the variety of disciplines that are involved in the development …

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …

Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffery Fagan, Garth Davies

Faculty Scholarship

Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggest that neighborhoods with greater concentration of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, although disorder theory informs quality of life policing strategies, patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels, and extent of social disorganization are stronger predictors of race- and crime-specific stops. Accordingly, neighborhood "street stop" activity reflects competing assumptions and meanings of policing strategy. Furthermore, looking …

Mothers And Fathers Of Invention: The Intellectual Founders Of Adr, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

When we think of the "founding" of the ADR movement (particularly, but not exclusively, in law), from when do we date it? Whom do we think of as our leaders? Many of us think of Frank Sander and the "multi-door courthouse" suggested by his famous paper, delivered at the Pound Conference on the Causes of Popular Dissatisfaction with the Administration of Justice in 1976. For others, the publication of Roger Fisher and William Ury's "Getting to Yes," signaled an interest in a changed paradigm for engaging in legal negotiations. Some may associate ADR's nascency with early practical efforts to institutionalize …

Dc Consortium Of Legal Service Providers: Legal Services 2000 Symposium, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

My main point is to urge you to the see what is possible in the way of what I might call a public health approach to lawyering for the poor. In a public health approach you find something that has polluted the river and you clean it up at its source instead of just treating its victims one by one. In legal and societal terms, when we are discussing why so many children are growing up poor and dying a slow death of disappointment, the challenge is to think about it in a public health way. Of course we cannot …

Justiciability, Brian Caulfield

Touro Law Review

No abstract provided.

Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy

Georgetown Law Faculty Publications and Other Works

This article is intended to assist practitioners in anticipating and responding to some of the evidentiary challenges in civil cases in which relief is sought for the victims of domestic violence. First, expert testimony is often necessary to dispel common myths about battered women and to educate judges and juries about the dynamics of domestic violence. Recent case law, however, has limited the admissibility of "non-scientific" expert testimony and may make it difficult for practitioners to use experts in their cases. In addition, particular evidentiary issues arise when victims are pursuing both criminal and civil remedies against the batterer. This …

Custom, Tribal Court Practice, And Popular Justice, Elizabeth E. Joh

American Indian Law Review

No abstract provided.

Salt Equalizer, Vol. 1999, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Theresa Glennon, SALT Honors Marjorie Shultz, Barney Frank at the Annual Awards Dinner, at 1.

Stephanie M. Wildman & Phoebe A. Haddon, Presidents' Column, at 2.

Ann Shalleck, SALT Members Initiate "First Monday" Programs, at 3.

Joyce Saltalamachia, SALT Board Meets Twice in San Francisco, at 6.

Howard Glickstein, Urgent Call to Keep the SALT Salary Survey Alive, at 7.

Sharon Hom, Joan Howarth, Eileen Kaufman, Madeline Plasencia, Judith Reed & Margalynne Armstrong, SALT's San Francisco Conference Re-Examines the Bar Exam, at 8.

Barbara Aldave, Bar Examinations: A Call for …

1998-1999 Dean's Report, John D. Feerick

Papers of the Dean

No abstract provided.

Law School Bulletin 1999-00, Hofstra University School Of Law

Law School Bulletins

No abstract provided.

1999 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

Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price

Cardozo Journal of International and Comparative Law

The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.

Law-Ing The Harmonic Familial Relationship: Development Of An Indigenous Feminist Legal Political Discourse On Child Domestic Abuse, Andy Man Chung Chiu, Vera Moon Hing Lam

Buffalo Women's Law Journal

No abstract provided.

Fordham Lawyer, Vol. 5 No. 2 - Fall/Winter 1999, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.