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Articles 2521 - 2550 of 3261
Full-Text Articles in Entire DC Network
Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin
Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin
Articles
There are several obstacles to training and supporting pediatric lawyers. Children are a relatively new group of clients and law schools have not traditionally provided pediatric training. The required training is particularly challenging to deliver because it is inherently interdisciplinary, requiring faculty and students to look outside of the law school to obtain necessary knowledge. The greatest obstacle to developing the careers of pediatric lawyers is the low pay and low prestige typically afforded children's lawyers. As a result, law students reasonably question the likelihood of developing a successful career in the field. The number of available jobs is limited …
Forty Years And Five Nays--The Nays Have It: Morrison's Blurred Political Accountability And The Defeat Of The Civil Rights Provision Of The Violence Against Women Act, Alberto B. Lopez
Articles
No abstract provided.
Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette
Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette
Articles
The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …
Avoiding Common Problems In Using Teaching Assistants: Hard Lessons Learned From Peer Teaching Theory And Experience, Edward R. Becker, Rachel Croskery-Roberts
Avoiding Common Problems In Using Teaching Assistants: Hard Lessons Learned From Peer Teaching Theory And Experience, Edward R. Becker, Rachel Croskery-Roberts
Articles
A majority of American law schools rely on teaching assistants to help administer first-year legal writing, research, and analysis (LWRA) courses. Specifically, surveys jointly conducted by the Association of Legal Writing Directors (ALWD) and the Legal Writing Institute (LWI) consistently detail the extensive use many LWRA professors make of teaching assistants. Likewise, Julie Cheslik recognized in her article about her 1994 survey on the use of TAs in the typical LWRA course that "[o]ne of the most prevalent uses of peer teachers in the law school setting is the employment of upper-level law students as teaching assistants in the first-year …
Financing Clinical Research And Experimental Therapies: Payment Due, But From Whom?, Patricia C. Kuszler
Financing Clinical Research And Experimental Therapies: Payment Due, But From Whom?, Patricia C. Kuszler
Articles
This article will explore the realm of clinical research and the question of who should finance such research. The first part will define the various types and levels of clinical research in terms of the regulatory controls and oversight applied to such research. Then the article will summarize how the costs of clinical research and experimental therapies have been covered in the past. Finally, the article will evaluate the risks and benefits derived by the various stakeholders and propose a financing rationale for therapies that places the burden of cost squarely on the stakeholders most likely to benefit.
The Victimization Of Juvenile Prostitutes In Ethiopia, Kevin Lalor
The Victimization Of Juvenile Prostitutes In Ethiopia, Kevin Lalor
Articles
This paper quantifies the victimisation experienced by 30 juvenile prostitutes in Addis Ababa, Ethiopia. Seventy three per cent had been raped at least once and ninety three per cent had been beaten in the course of their work. Only 50% used contraception, resulting in a pregnancy rate of 37%. Findings indicate that prostitution is a highly victimogenic lifestyle, fostered by conditions of extreme deprivation. Policy and practice implications are discussed.
Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price
Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price
Articles
The article examines the international community's use of media intervention in Bosnia following the Dayton Peace Accords, highlighting the establishment of mechanisms to regulate and influence media to prevent ethnic conflict. It explores the legal justifications and challenges surrounding such interventions, emphasizing the role of the Office of the High Representative (OHR) and the OSCE in promoting a pluralistic media environment. The analysis underscores the tension between international intervention and national sovereignty, raising important questions about the legal framework governing such actions.
Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love
Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love
Articles
This article examines the unique components of dialogue between disputing parties that mediators extract and reframe to move the discussion forward. The same components provide the building blocks of the discussion agenda and the framework of the mediation agreement. The article suggests a number of teaching strategies for training mediators to listen effectively and proactively.
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Articles
When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …
Duellism In Modern American Jurisprudence, David G. Carlson
Duellism In Modern American Jurisprudence, David G. Carlson
Articles
No abstract provided.
Religious Practice Bereft Of Faith, Eamon Maher
Religious Practice Bereft Of Faith, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Articles
In their recent Arizona Law Review article entitled What Juries Can't Do Well: The Jury's Performance As a Risk Manager,' Professors Reid Hastie and W. Kip Viscusi purport to show that juries are likely to do a poor job in setting punitive damages, largely because jurors cannot avoid the influence of what is called "hindsight bias," or the tendency to see the likelihood of an event higher in retrospect than it would have appeared before it happened. In particular, they argue that hindsight bias and other cognitive biases undermine the utility of jury-set punitive damage awards as risk management devices. …
Family Law In The Age Of Distrust, Carl E. Scheider
Family Law In The Age Of Distrust, Carl E. Scheider
Articles
I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …
The Enduring Difference Of Youth, David Yellen
What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel
What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel
Articles
The article explores the tension between the universality of human rights and the challenges posed by cultural relativism, emphasizing the need to reconcile these perspectives to address human rights violations effectively. While human rights are foundational and inherent to all individuals, their application must navigate cultural, moral, and legal complexities. The discussion highlights the importance of dialogue and adaptability in upholding universal principles while respecting diverse contexts.
Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen
Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen
Articles
No abstract provided.
Love, Loss Of Faith, And Kate O'Brien, Eamon Maher
Love, Loss Of Faith, And Kate O'Brien, Eamon Maher
Articles
Material reproduced by kind permission of Doctrine and Life
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell
Articles
No abstract provided.
Winner-Take-Less Codes: The Case Of Private Broadcasting Interdisciplinary Program Series, Cass R. Sunstein
Winner-Take-Less Codes: The Case Of Private Broadcasting Interdisciplinary Program Series, Cass R. Sunstein
Articles
No abstract provided.
Positivism, Formalism, Realism, Brian Leiter
Positivism, Formalism, Realism, Brian Leiter
Articles
In Legal Positivism in American Jurisprudence, Anthony Sebok traces the historical and philosophical relationship between legal positivism and the dominant schools of American jurisprudence: Formalism, Realism, Legal Process, and Fundamental Rights. Sebok argues that formalism followed from the central tenets of Classical Positivism, and that both schools of thought were discredited-through misunderstandings-during the Realist period. Positivism's essential tenets were reasserted by Legal Process scholars, though soon thereafter misappropriated by politically conservative theorists. In the concluding chapters of the book, Sebok argues that the recent theory known as "Soft" Positivism or "Incorporationism" holds out the possibility of redeeming the liberal political …
A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith
A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith
Articles
This Article presents a theory of customary international law ("CIL") that seeks to resolve the many well-known difficulties with standard accounts of CIL. The theory uses simple game theoretical concepts to explain how CIL arises, why nations "comply" with CIL as commonly understood, and how CIL changes. This theory rejects the usual explanations of CIL based on opinio juris, legality, morality, and related concepts. States do not comply with norms of CIL because of a sense of moral or legal obligation; rather, their compliance and the norms themselves emerge from the states' pursuit of self-interested policies on the international stage. …
What Does Frieda Yoder Believe?, Emily Buss
Availability Cascades And Risk Regulation, Cass R. Sunstein, Timur Kuran
Availability Cascades And Risk Regulation, Cass R. Sunstein, Timur Kuran
Articles
An availability cascade is a self-reinforcing process of collective belief formation by which an expressed perception triggers a chain reaction that gives the perception increasing plausibility through its rising availability in public discourse. The driving mechanism involves a combination of informational and reputational motives: Individuals endorse the perception partly by learning from the apparent beliefs of others and partly by distorting their public responses in the interest of maintaining social acceptance. Availability entrepreneurs- activists who manipulate the content of public discourse-strive to trigger availability cascades likely to advance their agendas. Their availability campaigns may yield social benefits, but sometimes they …
Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss
Articles
No abstract provided.
Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss
Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss
Articles
No abstract provided.
Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case
Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case
Articles
No abstract provided.
Exit Rights And Insurance Regulation: From Federalism To Takings, Richard A. Epstein
Exit Rights And Insurance Regulation: From Federalism To Takings, Richard A. Epstein
Articles
No abstract provided.
Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore
Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore
Articles
No abstract provided.
Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler
Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler
Articles
No abstract provided.
An Economic Approach To The Law Of Evidence, Richard A. Posner
An Economic Approach To The Law Of Evidence, Richard A. Posner
Articles
In this article, Judge Richard A. Posner presents the first comprehensive economic analysis of the law of evidence. The article is presented in three parts. First, Judge Posner proposes and describes two possible economic models, both a search and a cost-minimization approach, to describe how evidence is obtained, presented, and evaluated. In both, he incorporates Bayes' theorem to examine rational decisionmaking. Second, he examines the evidence gathering process, comparing and contrasting, in economic terms, the "inquisitorial" and "adversarial" systems of justice. The inquisitorial system, at first glance, appears to be more economically efficient. This, though, may be illusory, a result …