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Purposes And Functions Of Sentencing, Michael Tonry
Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield
Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield
Articles
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When Quitting Is Fitting: The Need For A Reformulated Sexual Harassment/Constructive Discharge Standard In The Wake Of Pennsylvania State Police V. Suders, Stephen F. Befort, Sarah J. Gorajski
When Quitting Is Fitting: The Need For A Reformulated Sexual Harassment/Constructive Discharge Standard In The Wake Of Pennsylvania State Police V. Suders, Stephen F. Befort, Sarah J. Gorajski
Articles
The legal landscape with respect to constructive discharges resulting from sexually harassing conduct has been mired in confusion for the past two decades. Courts generally have applied a multi-step analysis that requires plaintiffs to establish both the existence of severe or pervasive sexual harassment as well as additional aggravating factors warranting an employee's resignation. The courts, however, have had a difficult time in defining the contours of the separate harassment and constructive discharge tests. The Supreme Court has weighed in on several occasions, but rather than opt for clarity, the Court has created new tests and new terminology that have …
Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass
Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass
Articles
The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a protector of natural resources, to its influence on state statutory and constitutional law as the public embraced environmental protection principles. However, many have argued that the public trust doctrine has not lived up to its potential as a major player in environmental and natural resources law. This article proposes a new framework for the public trust doctrine as a state tool for environmental protection …
Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams
Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams
Articles
Alex M. Johnson, Jr., the ninth dean of the University of Minnesota Law School, served with honor and distinction from 2002 to 2006. He leaves a legacy of achievement consistent with the tireless drive, ambitious goal setting, and adaptation to change that marked his career before ascending to the position of Dean at the Law School. Receiving his early education in the public schools of Los Angeles, Mr. Johnson began his undergraduate education at Princeton University and then transferred to Claremont College in 1973. He remained in Los Angeles for law school, earning his law degree at the University of …
A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor
A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor
Articles
Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be crafted to maximize (or minimize) trust. A more nuanced understanding of trust indicates instead that it should be promoted or discouraged, depending on the context. Such an understanding needs to reflect the fact that trust and distrust can, and often do, coexist. In most relationships, the parties trust one another with regard to some matters and yet distrust one another with regard to other matters. More specifically, developing a …
Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld
Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld
Articles
The United States Supreme Court has decided more cases involving the interrogation of juveniles than any other aspect of juvenile justice administration. 1 Although it has cautioned trial judges to be especially sensitive to the effects of youthfulness and immaturity on a defendant's ability to waive or to invoke her Miranda rights and to make voluntary statements, the Court has not mandated any special procedural protections for immature suspects. Instead, it endorsed the adult waiver standard - "knowing, intelligent, and voluntary" under the "totality of the circumstances" - to gauge the validity of a juvenile's waiver of Miranda rights. 2
Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter
Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter
Articles
It is time to rethink the role of Institutional Review Boards (IRBs) in approving social science research. While most law professors conduct their research in an almost unregulated environment - pouring through cases, statutes, and each other's articles, all without the kind of human interaction subject to IRB regulation - their colleagues elsewhere in the university have been coping for decades with an increasingly intrusive bureaucracy that sometimes undermines basic academic values. Three things seem very clear. First, there are a lot of IRBs - at least 4,000 - and their numbers are growing. Second, they have recently "increased their …
Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson
Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson
Articles
Physician-patient confidentiality is a notion deeply rooted in most medical traditions throughout the world. 2 Many nations have codified patient protections and rights with statutes that emphasize the inviolability of this confidence. 3 Physicians are prohibited, except in limited circumstances, to reveal any confi-dential information or communication. 4 Violating confiden-tiality often exposes the physician to professional, civil, and sometimes criminal sanctions. 5 Confidentiality is designed to protect the patient's most intimate information as well as foster a candid relationship between physician and patient to facilitate successful diagnosis and treatment. 6 And yet despite the raison d'etre of confidentiality laws and …