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Articles 4981 - 5010 of 6498
Full-Text Articles in Entire DC Network
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno
Faculty Scholarship
On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Faculty Scholarship
Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …
Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg
Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
Un/Braiding Stories About Law, Sexuality And Morality, Margaret E. Montoya
Un/Braiding Stories About Law, Sexuality And Morality, Margaret E. Montoya
Faculty Scholarship
Traditional doctrine insists that we tame sexual desire by pretending that goodness and Godliness is defined by celibacy and abstinence, but the Church is simply wrong to insist that we accept a theology that negates and silences and suppresses a central part of our lives. To the extent that we believe in a life after death, many of us have won a chance at Heaven not by denying and suppressing our sexuality but by struggling to develop our capacity to experience joy through sexual desire and to honor the responsibility of not generating misery for ourselves and others through that …
Problem Solving In A Multidisciplinary Environment: Must Ethics Get In The Way Of Holistic Service, J. Michael Norwood
Problem Solving In A Multidisciplinary Environment: Must Ethics Get In The Way Of Holistic Service, J. Michael Norwood
Faculty Scholarship
Authored with Alan Paterson. The article analyzes the strengths and weaknesses of delivering legal services as a part of a multidisciplinary practice (MDP). The analysis considers multidisciplinary practices from the perspectives of clients served, lawyers, the legal profession, and the general public, but emphasizes the quality of the relationships amongst the legal and nonlegal professionals involved in the MDP. While sounding a cautionary note about the need to preserve core ethical and professional values when implementing a MDP, the article seeks a balance among the common, and sometimes competing interests, of the public, the legal profession, and society whereby it …
Mental Retardation And The Death Penalty: A Guide To State Legislative Issues, James W. Ellis
Mental Retardation And The Death Penalty: A Guide To State Legislative Issues, James W. Ellis
Faculty Scholarship
The interest in State Legislatures in the topic of mental retardation and the death penalty has obviously heightened with the U.S. Supreme Court's decision in Atkins v. Virginia.' The purpose of this document is to provide legislators and advocates with guidance in implementing the Atkins decision, so that each State's death penalty legislation is in full compliance with constitutional requirements.
The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber
The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber
Faculty Scholarship
The first section discusses sovereignty and the sources for foundational principles that pertain to the relationships among tribes, the states, and the federal government. The sources are the documented discourse and covenants of the constitutional evolution, the Articles of Confederation and Perpetual Union (Articles), and the Constitution of 1787 as they developed state jurisdiction related to Indian matters. Second, the paper discusses the colonial period and reality versus the fictions or myths of discovery and conquest. Third, the paper covers the conflict and unity in the pre-Revolutionary period. Fourth, the paper considers the Articles as the first U.S. model to …
Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa
Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa
Faculty Scholarship
Stretching across the "panhandle" of northern Idaho, the Coeur d'Alene River Basin evokes a mixed sense of wonder. Within this vast region of mountains and marshes, forests and farmland, creeks and canyons, a vibrant mining industry emerged more than a century ago. Along with the mining industry came the mining towns-and the mining pollution. Over time, the volume of mining wastes discharged into waters of the Coeur d'Alene Basin reached Brobdingnagian proportions: enough waste to fill a football field with a pile four miles high.
The Jurisprudence Of The Military Industrial Complex, Laura Spitz, Ann Scales
The Jurisprudence Of The Military Industrial Complex, Laura Spitz, Ann Scales
Faculty Scholarship
What is the jurisprudence of the military-industrial complex? The military-industrial complex has arrived at a comfy situation where it is either exempt from the rule of law, or else gets to make every decision that informs what the rule of law would require in a given situation. Professor Sptiz talks about the connections among business interests and military interests, focusing on the business or industrial aspects of the military-industrial complex.
Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt
Network Effects And Legal Citation: How Antitrust Theory Predicts Who Will Build A Better Bluebook Mousetrap In The Age Of Electronic Mice, A. Christine Hurt
Faculty Scholarship
No abstract provided.
Twenty Years Later, Robert J. Desiderio
Informed Consent For Alzheimer's Disease Clinical Trials: A Survey Of Clinical Investigators, Peter J. Whitehouse
Informed Consent For Alzheimer's Disease Clinical Trials: A Survey Of Clinical Investigators, Peter J. Whitehouse
Faculty Scholarship
No abstract provided.
The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram
The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram
Faculty Scholarship
THE DEMONIZING OF ARABS AND Muslims in America began well before the terrible tragedy of September 11, 2001. It can be traced to deliberate mythmaking by film and media,2 stereotyping as part of conscious strategy of 'experts' and polemicists on the Middle East,3 the selling of a foreign policy agenda by US government officials and groups seeking to affect that agenda,4 and a public susceptible to images identifying the unwelcome 'other* in its midst.5 Bearing the brunt of these factors are Arab and Muslim non-citizens in this country. A series of government laws and policies since …
The Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, Cynthia Alkon
The Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, Cynthia Alkon
Faculty Scholarship
Communism ended in most parts of Eastern Europe and the former Soviet Union over ten years ago. However, the legal and judicial systems in many of these nations seemingly defy reform efforts. What I call in this article the "Cookie Cutter Syndrome" describes the standard approach Western nations developed to assist legal reform in the former Communist world.' Despite vastly different conditions in these countries, the model for judicial reform remains very similar, and is rooted in litigation and adversarial practices. The question of whether an adversarial-based approach is appropriate becomes even more acute as assistance efforts focus more on …
International Parallel Litigation - A Survey Of Current Conventions And Model Laws, James P. George
International Parallel Litigation - A Survey Of Current Conventions And Model Laws, James P. George
Faculty Scholarship
Parallel litigation is difficult to define and sometimes means what the speaker wants it to mean. It may be limited to identical lawsuits with exactly the same parties and the same claims. It may also mean any instance of two or more lawsuits that may result in claim preclusion for some or all of the parties. It includes concepts of reactive and repetitive litigation, related litigation, and derivative litigation. Whatever it is thought to encompass, it incurs criticism as being vexing and harassing, wasteful of the parties' and courts' resources, and inclined to produce inconsistent results and possibly inter-governmental discord. …
A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Joshua E. Kastenberg
A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Joshua E. Kastenberg
Faculty Scholarship
Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …
The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma
The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma
Faculty Scholarship
No abstract provided.
Palestinian Refugees And Their Legal Status: Rights, Politics, And Implications For A Just Solution, Susan M. Akram
Palestinian Refugees And Their Legal Status: Rights, Politics, And Implications For A Just Solution, Susan M. Akram
Faculty Scholarship
The Palestinian refugee problem is one of the longest-lasting refugee crises in the world——now exceeding fifty-three years——without a real solution in sight. Although at its core a political problem, the Palestinian refugee crisis is also a problem of legal distortion: Palestinian refugees fall into a legal lacuna that sets them outside minimal international protections available for all other refugee groups in the world. This paper provides background to the legal anomaly that sets Palestinian refugees apart; discusses the legal, practical, and political implications of that status; and proposes a framework and mechanisms aimed at promoting a rights-based solution for the …
Terrorism, The Use Of Force And International Law After 11 September, Michael Byers
Terrorism, The Use Of Force And International Law After 11 September, Michael Byers
Faculty Scholarship
No abstract provided.
Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, John P. Lavelle, Frank Pommersheim
Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, John P. Lavelle, Frank Pommersheim
Faculty Scholarship
This Interim Planning and Recommendation Report describes the significance and potential benefits of the Wakpa Sica Historical Society’s Reconciliation Place Project in its endeavor to facilitate the establishment of a Great Sioux Nation Supreme Court. The report emphasizes that the vision of establishing such a Court has existed among the Sioux tribes of South Dakota, North Dakota, and Nebraska for generations and that the project’s legitimacy and ultimate success depend on its ability to continue fostering the tribes’ endorsement of and participation in the Court’s development and implementation.
Selecting A Trust Situs In The 21st Century, Sergio Pareja, John A. Warnick
Selecting A Trust Situs In The 21st Century, Sergio Pareja, John A. Warnick
Faculty Scholarship
While members of Congress vigorously debate the advantages and disadvantages of keeping the current transfer tax system, states rapidly are enacting laws that entice long-term trusts to those states. Although establishing or relocating a trust to a state other than the grantor's home state is not for every family, it is a planning technique that merits consideration by families with significant assets. The chart on pages 60-63 provides general information on the laws of all fifty states. This article focuses on three specific considerations related to selecting a favorable trust situs. First, it considers the effect of recent repeals or …
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Faculty Scholarship
No abstract provided.
Making Economic Sense Out Of Unisex Life Insurance (Or The Difference Between Cost And Value And Why It Matters To Real People), Richard A. Booth Marbury Research Professor Of Law
Making Economic Sense Out Of Unisex Life Insurance (Or The Difference Between Cost And Value And Why It Matters To Real People), Richard A. Booth Marbury Research Professor Of Law
Faculty Scholarship
In this piece, I take issue with one of the fundamental tenets of law and economics as it has been used to justify gender discrimination in the pricing of life insurance and annuities, namely, that individuals should bear their own identifiable costs so as to avoid misallocation of society's resources. Most scholars of the law and economics persuasion have argued that unisex pricing of life insurance products is a bad idea because on the average women live longer than men. They argue that it costs more to insure the life of a man because the payoff comes sooner and the …
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
The Costs Of Legal Change, Michael P. Van Alstine
The Costs Of Legal Change, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss
Faculty Scholarship
No abstract provided.
Beyond Napster: Using Antitrust Law To Advance And Enhance Online Music Distribution, Matthew Fagin, Frank Pasquale, Kim Weatherall
Beyond Napster: Using Antitrust Law To Advance And Enhance Online Music Distribution, Matthew Fagin, Frank Pasquale, Kim Weatherall
Faculty Scholarship
What should be the broad principles guiding the copyright and competition policy governing online music? In short, what are the key concerns or values that we want preserved in relation to the distribution of music online? We will outline the background to the present investigations and existing law in Part I and argue in Part II that these concerns can be encapsulated in two broad areas: (1) the preservation of some scope for private and personal use and (2) the encouragement and growth of a diverse sector for the distribution of copyrighted works online. We also argue that, at least …
The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark
The Basics Of Getting Started - Who, What, When, Where, And How?, Leigh S. Goodmark
Faculty Scholarship
Before you open the doors of your school-based legal clinic, you need to answer some fundamental questions about how your clinic will operate. This section poses those questions and suggests a range of answers based on the experiences of lawyers who have established and/or are currently working in school-based clinics. Consider it a guide to assist you in getting your own clinic started. For further clarification on specific topics, refer to subsequent sections of the book where they are addressed in more detail.
A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan
A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan
Faculty Scholarship
No abstract provided.