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Treating Kids Right, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The concept of amenability to treatment is, in theory, at the core of juvenile delinquency jurisprudence. From its inception as an entity separate from the adult criminal court, the juvenile court was meant to focus on the rehabilitative potential of children. On this premise, the central inquiry in a juvenile delinquency proceeding should be whether the child found delinquent is amenable to treatment. Disposition should depend upon the rehabilitative potential and needs of the juvenile, and only if no treatment is available in the juvenile system should transfer to adult court be considered. In practice, amenability to treatment may never …

I Was A Teenage Necrophiliac: A Screenplay, Walter Howard

Masters Theses

The critical essay that introduces this thesis pays homage to three people in the movie business who have most influenced my original screenplay, I Was a Teenage Necrophiliac. Also included is a section that briefly explains the impetus for this project, and a closing argument that examines the intentional use of cliche as a creative tool.

The zany style of writer/director John Waters is the first major creative influence described. Although my story is not as graphically extreme as some of Waters' earlier work (it would be easy to make a comedy about necrophilia a vile exploitation film), it does …

A Study Of The Relationship Between Personality Type And Emotional Response To Athletic Injury, Jasmin C. R. Hutchinson

Masters Theses

This investigation was designed to examine emotional response to athletic injury using personality constructs within reversal theory. Twenty-five (male = 19, female = 6) collegiate athletes, ranging in age from 18 to 22 years (mean = 19.95, SD = 1.11) who sustained a minimal criteria injury during a six-week data collection period participated in this study. Each athlete's total mood disturbance (TMD) was measured pre-injury and post-injury using the Profile of Mood States (POMS). Athlete's personality orientation was measured using the Paratelic Dominance Scale (PDS). A dependent t-test indicated a significant increase in TMD scores following injury (p < 0.05), thus indicating overall mood disturbance in injured athletes. An independent t-test comparing paratelic and telic dominant athletes on TMD difference scores revealed non-significant results (p = 0.40). Methodological and theoretical reasons for this are examined and implications for further study of reversal theory and athletic injury are discussed.

The Status Of Workplace Violence In The United States: A Model For Prevention And Intervention, Linda Meliza Moore

Masters Theses

This paper examines the scope and causes of workplace violence, the second leading cause of death in the U.S. workplace today. A comprehensive review of existing literature is presented and a new model for prevention and intervention of workplace violence is proposed for use by practitioners. Suggestions for further data collection and research are presented so that further refinement can be made to workplace violence prevention and intervention models.

The Reliability And Validity Of The Children's Conscientiousness And Procrastination Scale, Nicole M. Osterman

Masters Theses

The purpose of the present study was to further examine the reliability and validity of a self-report measure of procrastination and conscientiousness for elementary-aged children. The research participants were 120 male and female students in grades 3-5, drawn from two different schools. The Children's Conscientiousness and Procrastination Scales (CCAPS; Lay, Kovacs, & Danto, 1998) exhibited high internal consistencies. Procrastination and Conscientiousness were highly, negatively related, consistent with previous research with related measures and with adult samples. Teacher and parent ratings of students were moderately correlated with the student's self-reports, thereby providing support for the convergent validity of the self-report measure. …

Assessment And Evaluation: Retheorizing The Evolving Rules Of Director Liability, Mae Kuykendall

Journal of Law and Policy

No abstract provided.

The Case For Legal Recognition Of Same-Sex Marriage, Pamela S. Katz

Journal of Law and Policy

No abstract provided.

Baby-Face Killers: A Cry For Uniform Treatment For Youths Who Murder, From Trial To Sentencing, Jennifer A. Chin

Journal of Law and Policy

No abstract provided.

Garbage Picking With Salman Rushdie, Tara Hubschmitt

Masters Theses

Salman Rushdie's voice is one of the most powerful in postmodern and post-colonial literature. He stands as a primary spokesman for the displaced personality of those caught between the conflicting influences of traditional cultures and the contemporary west. In Midnight's Children (1980), The Satanic Verses (1989), and The Ground Beneath Her Feet (1999), Rushdie appears to reveal himself as a proponent of a garbage aesthetic. The garbage metaphor, as explained by Ella Shohat and Robert Stam in Unthinking Eurocentricism (1994), develops from Brazilian filmmakers of the 1960s and is generally used to highlight the omnipresent influence of western culture upon …

Birth Order, Academic Specialization, And Creativity, Anita Lynn Reifel

Masters Theses

No abstract provided.

Why Liberals Should Chuck The Exclusionary Rule, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate why the rule is structurally unable to deter individual police officers from performing most unconstitutional searches and seizures. It also argues, contrary to liberal dogma, that the rule is poor at promoting Fourth Amendment values at the systemic, departmental level. Finally, the article contends that the rule stultifies liberal interpretation of the Fourth Amendment, in large part because of judicial heuristics that grow out of constant exposure …

The American Criminal Jury, Nancy J. King

Vanderbilt Law School Faculty Publications

As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to earn widespread acceptance by the public and trial by jury remains a cherished right of most Americans. In any event, many basic features of the criminal jury in the United States cannot be modified without either constitutional amendment or radical reinterpretations of the Bill of Rights. Judges and legislators continue to tinker within constitutional confines, some hoping to improve the jury trial by …

A Quaker Understanding Of Jesus Christ, Arthur O. Roberts

Quaker Religious Thought

No abstract provided.

Full Issue

The Bridge

No abstract provided.

Gay And Lesbian Pornography And The Obscenity Laws In Canada, Susan R. Taylor

Dalhousie Journal of Legal Studies

The 1992 Supreme Court of Canada case of R. v. Butler articulated a new interpretation of "obscenity" under section 163(8) of the Criminal Code, which enables police officials, customs officers, and judges to prohibit the production, distribution, sale, and possession of obscene materials. In the aftermath of Butler, gay and lesbian pornography has been disproportionately targeted with the use of the test as set out in the Court's judgment. This paper explores the literature surrounding this issue in order to demonstrate the inadequacy of the test for obscenity when applied to gay and lesbian pornography. The author concludes that Butler …

An (In)Conceivable Question: Do Provincial Governments Discriminate Against The Infertile By Not Paying For Ivf And Icsi Services?, Kate Dewhirst

Dalhousie Journal of Legal Studies

Services such as in vitro fertilization (IVF) and intracytoplasmic spenn injection (ICSI) are not covered under most provincial health insurance plans. The case of Cameron and Smith v. Nova Scotia (A.G.), the Minister of Health, the Department of Health and the Administrator, Insured Professional Services is the latest attempt at finding a legal solution to at least some of the economic barriers infertile people face in seeking treatment. As neither IVF nor ICSI is covered by provincial health insurance, the plaintiff couple sued the Nova Scotia Minister of Health, the Department of Health, and the Administrator of insured Professional Services …

Introduction To The Symposium On Developments In Legal Externship Pedagogy, J.P. Ogilvy

Clinical Law Review

On March 5-8, 1998, in celebration of the centenary of The Catholic University of America's Columbus School of Law, the law school sponsored a conference on legal education devoted entirely to legal externships. The conference, entitled "Developments in Legal Externship Pedagogy," brought together over 170 participants, including more than 40 speakers, who represented over 100 different law schools. Some of the papers presented at the conference appear in this issue of the Clinical Law Review; others will appear in the next issue; and still others have been or will be published in other journals. In recent years there has been …

Writing, Reflecting And Professionalism, Michael Meltsner

Clinical Law Review

In this article, I present an approach to stimulating reflective writing that may interest law teachers looking to raise issues of professional values and clinicians seeking an alternative to the use of openended journal writing. The students whose experience will be described were enrolled in an experimental course on the legal profession, but the method employed may work equally well in a variety of clinical settings, whether externship or in-house clinics, or for that matter in other law school courses.

Not Quite Grown Up: The Difficulty Of Applying An Adult Education Model To Legal Externs, Linda Morton, Janet Weinstein, Mark Weinstein

Clinical Law Review

For several decades, clinical teachers have searched for a central theory or model to distinguish, and perhaps legitimize within the academic community, the experience-based method of teaching. One theory popular with clinicians is "andragogy" or adult education, developed by educational psychologist Malcolm Knowles. In 1982 Knowles' theory of adult education, based in humanistic precepts, was popularized in the clinical field through Professor Frank Bloch's groundbreaking article, "The Andragogical Basis of Clinical Legal Education." Clinicians embraced Knowles' theories of "self-directed learning," "facilitated learning," and "competency-based education" as justifications for their teaching methodology. Such concepts contrasted sharply with more traditional pedagogical models …

Designing An Extern Clinical Program: Or As You Sow, So Shall You Reap, Linda F. Smith

Clinical Law Review

The idea of offering an Extern (or Field Placement) Clinical Program can arise in one of three ways: 1) students may want certain "work" experiences for their educational or career advancement; 2) law offices or agencies in the community may seek students to do "volunteer work" with them; or 3) the faculty may conceive of experiences in the legal community as offering educational benefits that will complement or augment the existing curriculum. Whatever way the idea of an extern program arises, all three of the above contingencies must be fully considered and coordinated. Designing a field placement clinical program should …

[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz

Clinical Law Review

As a communications major in film and broadcasting, I took a film making course which required the production of a super 8mm film with an accompanying soundtrack. The film I produced was based on the lyrics, "You're my lawyer, you're my doctor, yeah, but somehow you forgot about me", from the song by Gil Scott Heron and Brian Jackson. These lyrics spoke to me of professionals who forget their communities or at least their communities' perspectives, needs, and sometimes their own roots. In turn, they are not respected and become despised for their indifference by those people who had different …

Re-Framing Empathy In Clinical Legal Education, Peter Margulies

Clinical Law Review

There are two important things to remember about empathy - it is necessary, and it is impossible. Without some degree of empathy, which I define here as imagining the mutuality and difference reflected in someone else's standpoint, people could not live together. Even conservatives, who generally disdain government obligations to assist people living in poverty, tend to concede that private charity fueled by some form of empathy constitutes a moral imperative. Yet, because conservatives eschew most governmental efforts to help the poor, they typically argue that enforcing that moral imperative is a job for the next world, not for this …

Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell

Clinical Law Review

By nature I am a somewhat skeptical person. I do not trust much of what is in the papers, except perhaps the box scores contained in the sports section. Nor am I tempted to send away $19.95 plus shipping and handling for some cream which, when rubbed over the surface of my faded and rust-pitted car, is promised to magically restore the paint to its original condition. Yet when it comes to theories of Narrative and Client-Centered Representation, I believe with all my heart and soul. In fact, it is probably fair to say that these theories provide the two …

Learning To Fish, Fishing To Learn: Guided Participation In The Interpersonal Ecology Of Practice, Brook K. Baker

Clinical Law Review

My earliest memory of fishing is watching a bobber in the water. It's red and white, resting on the surface of the shimmering lake - and I'm watching it intently. I'm staring at the bobber because my father has told me that the bobber will let me know when a fish bites my worm. My father has impaled a ruddy brown night crawler on my fishhook - a gross but compelling piece of surgery to a five-year old. He then threw the hook, line, and sinker - plus bobber and worm - into the lake fifteen feet from the shore. …

Lawyer For Empowerment: Community Development And Social Change, Daniel S. Shah

Clinical Law Review

Since legal scholarship first portrayed community development as a paradigmatic field for lawyers to participate in affecting collective empowerment, lawyers in legal service organizations, law firms, and law school clinics have increasingly engaged in community development practice. Through the representation of community based organizations working to combat the conditions of urban poverty, community development law practice seeks to affect social change for inner city residents through neighborhood revitalization, affordable housing development, and community economic development. How do the processes of community development affect its intended beneficiaries? To what extent does the involvement of lawyers affect the practice, structure, and goals …

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Clinical Law Review

In the summer before their first semester, most law schools encourage students to read a host of books to prepare for the enterprise ahead. While their friends are lying on the beach reading escape novels, prospective law students are reading such classics as The Nature of the Judicial Process and lighter fare about lawyering like The Buffalo Creek Disaster and A Civil Action. Come late August, first semester students are already tarrying to assimilate the lawyer's tools of logical analysis and seeking to absorb The Rule of Reason. Meanwhile, their friends are still at the beach, perhaps reading pop psychology. …

Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff

Clinical Law Review

Romanians eat our Big Macs, wolf down pizza slices at Pizza Hut, and guzzle Coca-Cola. They wear baseball caps, Nike clothing, and tennis shoes. They listen to American rap and pop music, see American movies with Romanian subtitles, and watch all of our old television shows. Romanians of all ages, but especially the young, hunger and thirst for all things Western, particularly from the United States. Doesn't it follow, then, that Romanian law schools ought to have - and, indeed, Romanian law professors would want - that symbol of an innovative, modern American law school curriculum: a live client clinical …

Herd Behavior In Designer Genes, Peter H. Huang

Publications

The ability of individuals to choose their children's genes has increased over time and may ultimately culminate in a world involving free market reprogenetic technologies. Reprogenetic technologies combine advances in reproductive biology and genetics to provide humans increased control over their children's genes. This Article offers economic perspectives that are helpful in understanding the possibly unexpected ethical, legal, and social issues at stake in using reprogenetic technologies for trait enhancement selection. The Appendix analyzes two competitive games that might arise in such a biotechnological society. Specifically, the Article focuses on herd behavior, caused by either a popularity contest or positional …

Looking At Communities And Markets, Lan Cao

Faculty Publications

No abstract provided.

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.