Digital Commons Network^™

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

Articles

Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson

Articles

Many of the revisions to article V of the Uniform Rules of Evidence involved stylistic, nonsubstantive changes. In particular, all language was made gender neutral. The most substantial revision was to Rule 503, formerly titled "Physician and Psychotherapist-Patient Privilege." This revision broadened the scope of the privilege to include a general "mental health provider" privilege, in accord with the trend in the states and the U.S. Supreme Court's decision in Jaffee v. Redmond. In Jaffee, the Court recognized for the first time a federal psychotherapist-patient privilege and extended the privilege to confidential communications with a licensed social worker in …

Cooley Innocence Project Kick-Off, Barry Scheck

Articles

The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.

$10 And A Denim Jacket--A Model Statute For Compensating The Wrongly Convicted, Alberto B. Lopez

Articles

No abstract provided.

Ralph Ellison As Oral Storyteller Ralph Ellison And The Law: Invisible Man And Other Ellison Texts, Steven H. Hobbs

Articles

No abstract provided.

Focusing The Reparations Debate Beyond 1865 Book Review, Alberto B. Lopez

Articles

No abstract provided.

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Articles

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder

Articles

The article explores the evolving roles of modern lawyers, highlighting the tension between traditional duties like confidentiality and newer disclosure obligations, particularly in securities law. It employs Lacan's discourse theory to analyze legal roles, categorizing them into master, university, analyst, and hysteric discourses. The article argues that understanding these discourses can inform ethical frameworks and professional responsibilities, advocating for a nuanced approach to legal representation.

Where Hannah Arendt Went Wrong, David Abraham

Articles

No abstract provided.

Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner

Articles

No abstract provided.

Rationality In Law And Economics Scholarship, Jeanne L. Schroeder

Articles

Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.

Criminal Prosecution And Section 1983, Barry Scheck

Articles

The article explores the intricate relationship between criminal prosecutions of police officers and subsequent Section 1983 civil rights claims. Professor Barry C. Scheck examines how the outcomes of criminal cases significantly influence civil litigation, highlighting challenges such as the "blue wall of silence," racial profiling, and legal strategies like Monell claims. The thesis underscores the strategic importance of federal intervention and the use of pattern and practice actions to address systemic issues in law enforcement.

Section 1983 Custom Claims And The Code Of Silence, Myriam E. Gilles

Articles

No abstract provided.

The Cash Balance Controversy, Edward A. Zelinsky

Articles

No abstract provided.

Passing Money On: Equity Theory And Distribution Of Money In A Will, Morton Isaacs

Articles

127 respondents were asked to distribute $100,000 in a will among their four children shown as differing in helpfulness to the respondent and need for the money. The majority of respondents divided the money unequally, with more than 2/3 rejecting a norm of equality in favor of rewarding helpfulness (equity) and relative need. Last year's research produced results favoring equality. Possible reasons for this disparity and implications for further research on Equity theory are presented.

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

Articles

In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time, he …

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

Articles

No abstract provided.

The Dead End Of Deterrence, And Beyond, Kyron J. Huigens

Articles

No abstract provided.

Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson

Articles

The article explores the intersection of law, morality, and subjectivity through the lens of Slavoj Žižek's philosophical works, particularly in the context of the impeachment of President Clinton. It argues that the public's negative reaction to the impeachment was rooted in a fear of encountering "diabolical evil," a concept drawn from Kantian philosophy, where law and morality coincide perfectly. This form of evil is more terrifying than ordinary evil because it is committed without pathological motives, purely for the sake of duty.

Equal Taxation: A Commentary, John A. Miller

Articles

No abstract provided.

Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri

Articles

For two centuries, the private violence of American history has paraded into courts for public trial. Often dramatized by the spectacle of rape and murder, the public trials of private violence increasingly are seen to decide the fates of both the accused and the victim of crime. The fate of community, whether the community of the victim, the accused, or the public, seems at first blush untouched by such trials. Like victims and their families, however, communities struck by violence suffer profound loss. That loss is expressed in the destruction of public discourse, reason, and citizenship. This public ruin is …

Dealing With Histories Of Oppression: Black And Jewish Reactions To Passivity And Collaboration In William Styron's Confessions Of Nat Turner And Hannah Arendt's Eichmann In Jerusalem, David Abraham, Kimberly A. Mccoy

Articles

No abstract provided.

The Death Of Privacy?, A. Michael Froomkin

Articles

The rapid deployment of privacy-destroying technologies by governments and businesses threatens to make informational privacy obsolete. The first part of this article describes a range of current technologies to which the law has yet to respond effectively. These include: routine collection of transactional data, growing automated surveillance in public places, deployment of facial recognition technology and other biometrics, cell-phone tracking, vehicle tracking, satellite monitoring, workplace surveillance, Internet tracking from cookies to "clicktrails", hardware-based identifiers, intellectual property-protecting "snitchware," and sense-enhanced searches that allow observers to see through everything from walls to clothes. The cumulative and reinforcing effect of these technologies may …

Internet Sexual Predators: Protecting Children In The Global Community, Madeleine M. Plasencia

Articles

The Internet, serving as the largest network of computers in the world, has provided the horizontal parallax over which all can participate in communication and transaction, education and entertainment4 It also serves a community of participants and beneficiaries whose goals are not always shared or legal. The rise of this advanced technology has led to a new "red light district."

Unlike the physical spaces available for the distribution of pornography and sexual favors for money, the Internet, with its lack of structure, has led to an unimaginable amount of pornography available for any on-line spectator.' Information necessary for consummation of …

Deliberative Trouble - Why Groups Go To Extremes, Cass R. Sunstein

Articles

No abstract provided.

On Philosophy And Economics, Cass R. Sunstein

Articles

No abstract provided.

Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein

Articles

No abstract provided.

Focal Point Theory Of Expressive Law, Richard H. Mcadams

Articles

No abstract provided.

Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith

Articles

No abstract provided.

The Parental Rights Of Minors, Emily Buss

Articles

No abstract provided.