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The Act-Belief Distinction In Self-Defense Doctrine: A New Dual Requirement Theory Of Justification, Cynthia Lee

GW Law Faculty Publications & Other Works

This article critiques traditional formulations of the defense of self-defense which focus upon the reasonableness of the defendant's beliefs, without requiring a separate inquiry into the reasonableness of the defendant's conduct. The article also critiques formulations of the defense which require the defendant to be correct about the existence of justifying circumstances. Rather than focus exclusively upon the defendant's beliefs or exclusively upon the defendant's conduct, this article proposes a dual requirement for perfect self-defense. Not only must the defendant's beliefs be reasonable, but the defendant's conduct must also be reasonable. The article also proposes a new form of imperfect …

Challenges For The Next Century, Ruth Triplett

Sociology & Criminal Justice Faculty Publications

Review of the book "Crime and Punishment in America," by Elliott Currie.

The Wages Of Risk: The Returns Of Contingency Fee Legal Practice, Herbert M. Kritzer

DePaul Law Review

No abstract provided.

Negotiation, Settlement And The Contingent Fee, Robert H. Mnookin

DePaul Law Review

No abstract provided.

Contingency Fees In Mass Torts: Access, Risk, And The Provision Of Legal Services When Layers Of Lawyers Work For Individuals And Collectives Of Clients, Dennis E. Curtis, Judith Resnik

DePaul Law Review

No abstract provided.

Random Fractals And Multifractal Measures, Kenneth E. Sunderland

Theses, Dissertations and Capstones

Much of what we call fractal geometry today can be traced to the critical years around the turn of the 19th/20th century. One of the cracks in what some had considered to be a virtually complete mathematical edifice may have been the publication in 1883 of Georg Cantor's famous "perfect and dense-in-itself' set. This set, a set of points on the real line everywhere dense in itself but nowhere dense on the line, was considered at best paradoxical and at worst monstrous. It challenged standard notions of continuity since Cantor was able to prove that there existed a one-to-one and …

The Relationship Between Archaeology And The Bible, David Merling

Journal of the Adventist Theological Society

No abstract provided.

Civil Rule 53: An Enabling Act Challenge (Federal Practice And Procedure Symposiusm Honoring Charles Alan Wright), Edward H. Cooper

Articles

The Judicial Conference of the United States is charged by statute to "carry on a continuous study of the operation and effect of the general rules of practice and procedure," recommending desirable changes to the Supreme Court.' The Rules Enabling Act,2 which describes the Supreme Court's role, further provides that the Judicial Conference is to be assisted in this task by a "standing committee on rules of practice, procedure, and evidence" ;3 the standing committee in turn reviews "each recommendation of any other committees" appointed to advise it.4

The Three Parts Of Babylon : Teaching A Historicist Interpretation Of The Leopardlike, Lamblike And Scarlet Beasts (Rev 13 And 16:19 As Reflected In Rev 17) Based Upon The Douglas Waterhouse Construct, William C. Taggart

Dissertations

Problem. In the field of religious education, a need exists for a broad teaching strategy through which the biblical three parts of Babylon (Rev 16:19) and the visual imagery of apocalyptic Babylon (Rev 13 and 17) might be taught effectively within the historicist tradition. This study was designed to present a teaching strategy based upon the historicist apocalyptic three-part construct developed principally by Douglas Waterhouse.

The Theoretical Organizing Principle of Geographic Relationships. The concept that helped guide and bring together this study was the understanding that Rev 17 is based on personification which were well known in the …

Casebooks And Constitutional Competency, David E. Engdahl

Seattle University Law Review

Today's casebooks are far better adapted for fostering constitutional competency among lawyers than were their earlier counterparts. Part 1 of this Article traces the evolution of the constitutional law casebook from James Bradley Thayer's massive compilation of raw data in the Dean Langdell tradition, to the modern style of extensively edited cases with comments and questions to help students identify, anticipate, and assess potential avenues of analysis and development. Part 2 examines some basic concepts of federalism law still afforded too little attention by casebook editors. The classic analysis of enumerated powers (including Congress's power under the necessary and proper …

Politics, Doctrinal Coherence, And The Art Of Treatise Writing, Edward Rubin

Seattle University Law Review

Writing a treatise on constitutional law is both necessary and impossible. It is necessary because constitutional law, at least in the United States, is a common law subject. To be sure, it possesses a positive law basis, but that basis is very thin and the decisional law that has flowed from it is luxuriant and complex. Treatises organize and summarize bodies of decisional law, creating a coherent structure from the welter of incremental decisions, overlapping doctrines, and particularized holdings and dicta. Yet it is impossible to write a treatise about constitutional law. All treatises depend, for their effectiveness, upon a …

The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander

Seattle University Law Review

Professor William Van Alstyne has been a prolific and influential scholar, discussing First Amendment questions throughout his career. He has authored dozens of law review articles that are frequently cited in varying contexts, including at least twenty cites in U.S. Supreme Court opinions. He also has done what few others have done with his scholarly agenda by writing consistently and powerfully on the major aspects of the First Amendment – Free Speech, Press, and Religion – and their interrelation. He has added to his numerous contributions by providing a thorough and insightful casebook, First Amendment Cases and Materials, which …

Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell

Seattle University Law Review

The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It is not an easy task. Americans treat the Constitution as a hallowed document created by men so divinely inspired that the document they produced in 1787 has been amended less than three dozen times. They might add that because of a number of factors, including those amendments, there are now only about 300 operative words in the Constitution, and that most litigation has centered about the meaning of a dozen or so terms: "due process," "cruel and unusual punishment," "commerce," "free exercise," "commander- in-chief," …

In Willful Disregard Of The Employment Security Act: Culpability And The Determination Of Disqualifying Misconduct By The Courts, James Levy

Seattle University Law Review

This Comment argues that the most appropriate test for applying the statutory definition of misconduct an objective test based on knowing disregard of the employer's interests by the employee, rather than any current interpretation of the definition by the courts of Washington. In Section One of this Comment, the policies behind the Employment Security Act and the ramifications of different culpability elements are discussed. Section Two details the different tests for misconduct generated by the courts. Part A of Section Two discusses the common law tests and their culpability elements prior to the 1993 statutory definition of misconduct. Part B …

Survey Of Washington Search And Seizure Law: 1998 Update, Justice Charles W. Johnson

Seattle University Law Review

This Survey, as did the previous Surveys, summarizes the predominant treatment of search and seizure issues under the Fourth Amendment and under article I, section 7 of the Washington State Constitution to the extent that this state's provision is interpreted differently from the federal provision. The Survey focuses primarily on substantive search and seizure law in the criminal context; it omits discussion of many procedural issues.

Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller

Faculty Publications

No abstract provided.

Fables Of The Deconstruction: The Practical Failures Of Gay And Lesbian Theory In The Realm Of Employment Discrimination, Theodore A. Schroeder

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Presumption Of Guilt And Compulsory Hiv Testing Of Accused Sex Offenders: A Case Study Of State Ex Rel. J.G., N.S., And J.T., Justin Amaechi Okezie

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman

Articles

In this paper, I will look at the problem of hearsay and confrontation through the lens offered by this symposium's theme of "truth and its rivals." I will ask: To what extent does the law of hearsay and confrontation aspire to achieve the goal of truth in litigation? To what extent does it, or should it, seek to achieve other goals, or to satisfy other constraints on the litigation system? And, given the ends that it seeks to achieve, what should the shape of the law in this area be? My principal conclusions are as follows: In most settings, the …

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
2. international custom as evidence of a general practice accepted as law;
3. the general principles of law recognized by civilized nations;
4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly …

Selling Death Short: The Regulatory And Policy Implications Of Viatical Settlements, Miriam R. Albert

Hofstra Law Faculty Scholarship

In the late 1990’s, the escalation of AIDS into a national crisis has devastated its victims' health as well as their finances. This crisis generated the need for innovations both in medical approaches to the treatment of AIDS and HIV, and in financial options available to help patients finance their medical and other living expenses. One response of the financial community has been the creation of vehicles to provide terminally-ill policyholders with early access to the death benefits under their life insurance policies, which would otherwise be unavailable to them during their lives.

The article explores the creation and growth …

Our Constitutionalized Adversary System, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In recent years, attacks upon the adversary system have been unprecedented in their breadth and intensity, and at times have been "scathing [and] venomous." For example, at a conference of twenty-five of the country's "professional elite" (most of them lawyers and judges) the adversary system was "thoroughly savaged." Efforts by the conferees to produce an acceptable alternative to the adversary system ended unsuccessfully on a "note of resignation.

It is not coincidental that these attacks on the adversary system have taken place in the context of critical analyses of lawyers' ethics. Critics concerned with the negative aspects of zealous, client- …

Keeping The Wto From Becoming The "World Trans-Science Organization": Scientific Uncertainty, Science Policy, And Factfinding In The Growth Hormones Dispute, Vern R. Walker

Hofstra Law Faculty Scholarship

In Part I of the Article, I analyze the relevant provisions of the SPS Agreement. In that context, I examine the distinction between risk assessment and risk management, as well as the concepts of scientific uncertainty and science policy. Part II sets forth my proposal for how the WTO should review the sanitary measures established by members. The focus of attention is the fact-finding process in dispute settlement proceedings and, in particular, the substantive issues that should come before a panel, the evidence that a panel should consider, and the proper standard and burdens of proof. Finally, in Part III, …

Liberalism Stumbles In Tennessee, Donald J. Herzog

Reviews

The Scopes trial will never be the same. I mean the trial immortalized in Inherit the Wind,' with its Southerners clutching in vain to their cozy scientific illiteracy and mechanically literal faith in the Bible, its idiotic intolerant Southerners destined to fall to the gale winds of modernity, liberalism, secularism, and skepticism embodied by a heroic ACLU and the inimitable Clarence Darrow. So what if Scopes got convicted? Surely the trial made a laughingstock of everything Tennessee stood for in banning the teaching of evolution from the public schools. And in a touch worthy of a gruesome morality play, William …

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …

Characterization Of The Cyanobacterial Metallothionein Regulator Smtb., Sambit Ranjan Kar

All ETDs from UAB

No abstract provided.

Explanatory Model Of Sexual Risk Behavior And Sexually Transmitted Disease Prevalence In Incarcerated African-American Male Youth., Robert Paul Pack

All ETDs from UAB

No abstract provided.

Differences Between Critical Care Cardiovascular Nurse Experts And Novices In Diagnostic Cue Utilization., Rosalyn Ruth Reischman

All ETDs from UAB

No abstract provided.

A Family Of Confluent Hypergeometric Distribution., Akbar Ali Zaidi

All ETDs from UAB

No abstract provided.

On The Cortical Locus Of Implicit And Explicit Memory: An Ablative Lesion Study In Humans., Melissa Celia Dillon

All ETDs from UAB

No abstract provided.