Digital Commons Network^™

2009 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James

Faculty Scholarship

This Symposium Essay examines the campaign that led up to the last presidential election to illuminate the complex interplay between race and class within our society. Specifically, it explores how race and class functioned together to disadvantage President Obama in the race to the White House (even as he ultimately won the election). Section II focuses on how Obama’s income, job status, and prestigious education functioned as markers of elitism during the campaign, even as compared to opponents with more elite and wealthier backgrounds, and how these factors were used as tools by his opponents to convince lower-class white voters …

The Psychology Of Conflicts Of Interest In Criminal Cases, Tigran W. Eldred

Faculty Scholarship

This article demonstrates that current Sixth Amendment jurisprudence fails to account for how defense lawyers respond to conflicts of interest in criminal cases. Too often, the Supreme Court has made assumptions about the behavior of defense lawyers without empirical support. The result has been a confusing doctrinal landscape, which both relies upon and questions the ability of defense lawyers to address and resolve conflicts of interest.

This article fills the gap in existing literature by viewing conflicts of interest in criminal cases through the prism of behavioral economics. The research reveals that defense lawyers are subject to psychological biases that …

No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana use, and (2) criminalization, which results in the arrest of more than 700, 000 Americans annually for possession of any amount of marijuana, is an inhumane and destructive response to an act that almost 100 million Americans have committed. Part II assesses the relative merits of several alternative reform …

Socio-Economic Rights And Refugee Status:Deepening The Dialogue Between Human Rights And Refugee Law, Fatma E. Marouf, Deborah Anker

Faculty Scholarship

reviewing Michelle Foster, International Refugee Law and Socio-Economic Rights: Refuge from Deprivation (2007)

Living In A Mixed-Income Development: Resident Perceptions Of Benefits And Disadvantages, Mark L. Joseph

Faculty Scholarship

This brief focuses on early resident experiences in two mixed-income developments, Oakwood Shores and Westhaven Park, which are part of the City of Chicago’s Plan for Transformation. We investigate how diferent residents—relocated public housing renters,2 afordable and market-rate renters, and afordable and market-rate owners—perceive the early benefts and disadvantages of living in a mixed-income development. Respondents’ refections about their early experiences in the new mixed-income developments focus on the following four areas: Physical environment and quality of life; Emotional health and stress; Social relations among residents; Financial implications

A Unified Rationale For Section 2-607(3)(A) Notification, William H. Henning, William H. Lawrence

Faculty Scholarship

An aggrieved buyer that fails to give its seller timely notification of breach, or that gives a timely but insufficient notification, suffers serious and sometimes catastrophic consequences under Article 2 of the Uniform Commercial Code (UCC or Code). On the serious end, a buyer entitled to reject must provide its seller with a timely notification that makes it clear that the goods again belong to the seller, with failure as to either timeliness or sufficiency resulting in acceptance rather than rejection. Obvious policy rationales support both requirements. The timeliness requirement creates an incentive for a buyer to exercise its inspection …

Disclosure Of Apoe Genotype For Risk Of Alzheimer's Disease, Peter J. Whitehouse, Melissa Barber Butson

Faculty Scholarship

BACKGROUND: The apolipoprotein E (APOE) genotype provides information on the risk of Alzheimer's disease, but the genotyping of patients and their family members has been discouraged. We examined the effect of genotype disclosure in a prospective, randomized, controlled trial. METHODS: We randomly assigned 162 asymptomatic adults who had a parent with Alzheimer's disease to receive the results of their own APOE genotyping (disclosure group) or not to receive such results (nondisclosure group). We measured symptoms of anxiety, depression, and test-related distress 6 weeks, 6 months, and 1 year after disclosure or nondisclosure. RESULTS: There were no significant differences between the …

Low School Engagement And Sexual Behaviors Among African American Youth: Examining The Influences Of Gender, Peer Norms, And Gang Involvement, Dexter R. Voisin

Faculty Scholarship

This research examined whether negative peer influences (i.e., norms favoring risky sex and drug use and gang involvement) mediated the relationship between school engagement (i.e., grade point averages [GPAs] obtained from school records and student-teacher connectedness) and sexual behaviors (i.e., sexual début, sex without condoms, group sex, and sex while using drugs) among African American high school adolescents, and whether these relationships varied by gender. Five hundred sixty-three high school adolescents (ages 13 to 19) completed self-administered questionnaires that assessed school engagement markers, peer influences, sexual début, and risky sex. Major findings for boys indicate that GPA was negatively associated …

Financial Market Failure As A Crisis In The Rule Of Law: From Market Fundamentalism To A New Keynesian Regulatory Model, Timothy A. Canova

Faculty Scholarship

This article considers the financial panic of 2008 in historical context by analyzing the institutional and regulatory factors that contributed to the financial and economic crisis. The move away from a Keynesian regulatory model was a function of larger institutional flaws. The Keynesian regime of command-and-control regulation focused on macroeconomic policy objectives designed to achieve full employment, more equitable distributions of wealth and income, greater transparency in the regulatory process, and reduction in monopoly exploitation of consumers. Central to this regime was a model of central banking that required greater accountability to elected branches of government and the use of …

Is Law - Constitutional Crisis And Existential Anxiety, Alice Ristroph

Faculty Scholarship

No abstract provided.

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith

Faculty Scholarship

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship relationships, and 6) using legislation to benefit kinship relationships.

This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal …

Demand-Side Gatekeepers In The Market For Home Loans, Edward J. Janger, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

What's It All About? Finding The Appropriate Problem Definition In Mediation, Leonard L. Riskin, Nancy A. Welsh

Faculty Scholarship

In this article, we propose four mechanisms to enable mediation participants to explore problems broadly and then to decide what problem definition is most appropriate for the mediation of their case:

• A three-step systematic method for determining the problem to be addressed;
• Two variations of a rule that could be adopted by courts (and private providers) that would require lawyers or mediators to implement this systematic way of working with problem definition; and
• A new rule under which a court (or private) mediation program would offer to customize any mediation in order to seek the most appropriate problem definition

We …

Cause And Effect: The Origins And Impact Of Justice William O. Douglas’ Anti-Military Ideology From World War Ii To O’Callahan V. Parker, Joshua E. Kastenberg

Faculty Scholarship

The intention underlying this Article is to analyze the sources and effects of Douglas's antipathy for the military's legal construct, especially the practice of trial by courts-martial. Douglas did have an effect on the evolution of the military's legal construct, and he almost succeeded in narrowing the military's jurisdiction over its servicemen to a narrow fraction of what its jurisdictional reach is today. Along with Justices Hugo Black, Earl Warren, Felix Frankfurter, William Brennan, and shorter-tenured justices, he succeeded in judicially mandating due-process rights for servicemen accused of offenses.8 However, in his ultimate goal, the extent to which he succeeded …

When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki

Faculty Scholarship

This Article explores rules of professional responsibility, theory, and reasoning processes related to advising clients to seek mental health treatment. Furthermore, this Article looks at cultural and financial aspects of treatment, and concludes with recommendations on how a lawyer should counsel her client once she determines that mental health treatment is appropriate. Part I discusses humanitarian reasons that support a lawyer's decision to advise her client to seek mental health treatment. Part II of this Article discusses rules of professional conduct relevant to advising a client to seek mental health treatment. Part III sets out a framework for considering how …

U.S. Human Rights Activism And Plan Colombia, Winifred L. Tate

Faculty Scholarship

Non-governmental organizations claim to play a central role in defining U.S. foreign policy, particularly in the field of human rights. Here, I will examine the role of human rights and humanitarian groups in the debates over U.S. foreign policy towards Colombia, focusing on the design and subsequent additional appropriations for Plan Colombia, a multi-billion dollar aid package beginning in 2000. I argue that NGOs were able to build on the legacy of prior human rights activism focusing on Latin America, but failed to achieve significant grassroots mobilization around this issue. I examine the structural issues limiting such mobilization, as well …

Commencement Address, Cuny School Of Law, Margaret E. Montoya

Faculty Scholarship

Who we are, how we see ourselves, how we want to be seen, what we value, how our memories connect us to specific histories in specific places — we communicate this information best through narratives. In Spanish we sometimes call such stories cuentos — an accounting. I encourage all of you to take time over the next few days to celebrate your graduation, this singular accomplishment of your lives, by accounting — by telling stories to those who have helped you, held you up, fed you, wiped your tears, paid your bills. Share your recollections.

Online Communication Technology And Relational Development, Anita D. Bhappu, Noam Ebner, Sanda Kaufman, Nancy A. Welsh

Faculty Scholarship

Key to success in negotiation is managing and enhancing relationships. This concept can be difficult to convey in short-term executive training courses where students have little time for relational development. Not to worry: the authors assert that by strategically using online communication before, during, and after such courses, students can effectively both train for, and depend on, good relations at a distance.

Attempt By Omission, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Attempt By Omission, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Ad Hominem Address, Jeremy Bendik-Keymer

Faculty Scholarship

In principle, Jesuit schools show cura personalis: “care of the person”. Teachers are supposed to care about you. You aren’t reducible to an enrollment number, an accounting major, a varsity letter, or to being a headache. You exceed your grade-point average. Above all, you’re a person and should be encouraged in your personal growth. The question is: how does philosophy contribute to cura personalis?

2007-2008 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

Diversity And Discrimination: A Look At Complex Bias, Minna Kotkin

Faculty Scholarship

No abstract provided.

Lincoln's Populist Sovereignty: Public Finance Of, By, And For The People, Timothy A. Canova

Faculty Scholarship

No abstract provided.

Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon

Faculty Scholarship

I will first provide a brief comment about what I think brings us all together. Second, I will talk about a particular project - something that has preoccupied me ever since I entered the field - namely, the distinction between what I will call, for sake of abbreviation, harmful use and harmless use.

The Role Of Conversation In Health Care Interventions: Enabling Sensemaking And Learning, Kurt C. Stange

Faculty Scholarship

Background. Those attempting to implement changes in health care settings often find that intervention efforts do not progress as expected. Unexpected outcomes are often attributed to variation and/or error in implementation processes. We argue that some unanticipated variation in intervention outcomes arises because unexpected conversations emerge during intervention attempts. The purpose of this paper is to discuss the role of conversation in shaping interventions and to explain why conversation is important in intervention efforts in health care organizations. We draw on literature from sociolinguistics and complex adaptive systems theory to create an interpretive framework and develop our theory. We use …

Albuquerque Journal Interviews Moore About U.S. Detention Camps, Jennifer Moore

Faculty Scholarship

Professor Jennifer Moore of the University of New Mexico School of Law said her work in international law led her to concerns that treatment of Guantanamo prisoners has created people more likely to commit acts of terrorism against the United States.

Moore, who worked with refugees of the Rwandan genocide, said that in dealing with the remaining Guantanamo prisoners, "We should keep in mind not just legality, but the legacy of how the U.S. is looking to prevent terrorism. Due process may be the strongest tool."

Evaluating The Consequences Of Calibrated Sentencing: A Response To Professor Kolber, Miriam Baer

Faculty Scholarship

No abstract provided.