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I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin

Articles & Chapters

Olmstead v. L.C., 119 S. Ct. 2176 (1999), qualifiedly affirming a decision that the Americans with Disabilities Act entitled plaintiffs - residents of Georgia State Hospital - to treatment in an "integrated community setting" as opposed to an "unnecessarily segregated" state hospital, potentially has the capacity to transform and revolutionize institutional mental disability law. Whether that potential is realized depends on multiple factors, especially the extent to which courts, legislatures and the public are willing to confront the extent to which sanism (an irrational prejudice of the same quality and character of other irrational prejudices that cause and are reflected …

Trust, Trustworthiness, And The Behavioral Foundations Of Corporate Law, Margaret M. Blair, Lynn A. Stout

Vanderbilt Law School Faculty Publications

Conventional legal and economic analysis assumes that opportunistic behavior is discouraged and cooperation encouraged within firms primarily through the use of legal and market incentives. This presumption is embodied in the modern view that the corporation is best described as a "nexus of contracts," a collection of explicit and implicit agreements voluntarily negotiated among the selfishly rational parties who join in the corporate enterprise. In this article we take a different approach. We start from the observation that, in many circumstances, legal and market sanctions provide at best imperfect means of regulating behavior within the firm. We consider an alternate …

Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie

Vanderbilt Law School Faculty Publications

This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous litigation induces risk-seeking behavior in plaintiffs and risk averse behavior in defendants. Because plaintiffs in frivolous litigation have a greater tolerance for risk than the defendants they have sued, plaintiffs in frivolous litigation have "psychological leverage" in settlement negotiations, which is likely to lead to plaintiff-friendly settlements or bargaining impasse. This in turn, suggests that reformers concerned about frivolous litigation should target reform efforts at plaintiffs' decisionmaking in frivolous …

The First Statewide Study Circles On Education In America: Participant Perceptions Of Study Circles In Two Arkansas Communities, Jo Sykes Chesser

Theses and Dissertations

Parents and other community citizens were empowered in educational change in two Arkansas communities through a process of participative decision making. The study circle, begun at Chautauqua in 1874, proved to be a new communication process for school-to-community relationships. Arkansas Friends for Better Schools, one of two state sponsors of the 1998 'Calling the Roll: Study Circles for Better Schools,' cooperated with Study Circles Resource Center and Southwest Educational Development Laboratory to implement the Study Circles program on education in five Arkansas communities in the fall of 1998. Superintendents and School Boards endorsed the program; community coordinators organized study circle …

Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Winter 2000, Vol. 37, No. 2; No. 144

All-Access Backstage Pass

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.

Official Elitism Or Institutional Self Interest - 10 Reasons Why Uc-Davis Should Abandon The Lsat (And Why Other Good Law Schools Should Follow Suit) Edward L. Barrett, Jr. Lecture On Constitutional Law, Richard Delgado

Articles

No abstract provided.

“Out Of Zion Shall Go Forth The Law” (Isaiah 2:3), Nathan Oman

Review of Books on the Book of Mormon 1989–2011

Review of Zion in the Courts: A Legal History of the Church of Jesus Christ of Latter-day Saints, 1830-1900 (1988), by Edwin B. Firmage and Richard C. Mangrum

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Faculty Publications

No abstract provided.

Negotiating Gender: A Comparison Of Rape Laws In Canada, Finland, And Pakistan, Danette C. Cashman

Dalhousie Journal of Legal Studies

In this paper, I analyze and compare the definition of rape in three different legal and sexual cultures: Finland, Pakistan, and Canada. Ultimately, it is an attempt to release the current feminist discourse from the straightjacket of theoretical essentialism. In many ways, this work represents three separate undertakings, which are themselves self- contained and self-defining. The common thread that links them, however, is the way in which the law of rape serves as a site of gender negotiation. In each case, the way in which the question of rape is framed, understood, and negotiated is a product of the legal …

Duty To Rescue Through The Lens Of Multiple-Party Sexual Assault, Renu Mandhane

Dalhousie Journal of Legal Studies

The lack of culpability for bystanders fails to capture the reality of the situation for sexual assault victims. It is probable that the presence of bystanders causes further psychological harm to the victim. Yet, the law allows bystanders to watch as a woman is dehumanized free from any obligation to help the victim. The lack of culpability for voyeurs is morally reprehensible and suggests that traditional sexual assault analysis is inadequate for dealing with cases of multiple-party sexual assault. It is submitted that reform within the Criminal Code is necessary to ensure culpability for such morally repugnant acts. One solution …

Much To Do About Something: Destabilizing Law's Support Of Dominant Ideologies In The Context Of Lesbian Mother Custody Claims In Canada, Natasha Kim

Dalhousie Journal of Legal Studies

This article surveys a very specific legal context: the claims of mothers, who are lesbians, in custody disputes over their children, with their heterosexual ex-spouses, in Canadian courts. The author examines the developments in judgments surrounding custody involving a lesbian mother over the past two and a half decades, focusing on the line of reasoning within the judgments rather than the substantive results (that is, to whom custody is granted). The end result will be an attempt to better understand the interaction between law as a discourse and the dominant ideologies of familialism, motherhood, and heteronormativity. In Part Two, the …

Negotiating Gender: A Comparison Of Rape Laws In Canada, Finland, And Pakistan, Danette C. Cashman

Dalhousie Journal of Legal Studies

In this paper, I analyze and compare the definition of rape in three different legal and sexual cultures: Finland, Pakistan, and Canada. Ultimately, it is an attempt to release the current feminist discourse from the straightjacket of theoretical essentialism. In many ways, this work represents three separate undertakings, which are themselves self- contained and self-defining. The common thread that links them, however, is the way in which the law of rape serves as a site of gender negotiation. In each case, the way in which the question of rape is framed, understood, and negotiated is a product of the legal …

Preparing For Japan| A Practical Guide For Navigating The Web Of Culture, Communication And History, Matthew A. Taylor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Antonin Artaud| The Essence Of Revolt, Kathleen C. Irwin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Appreciating Collaborative Lawyering, Ascanio Piomelli

Clinical Law Review

In April 1988, I returned to East Palo Alto, California, to join its Community Law Project as a staff attorney. After two and a half years as a housing and employment law litigator at a legal services office in Fresno, I was glad to return to the San Francisco Bay Area. I was particularly eager to work in East Palo Alto because of its history, demographics, and a political climate that was refreshingly out of step with most of the rest of the nation in the eighth year of the Reagan Administration. Thirty miles south of San Francisco, five miles …

Passion, Context, And Lawyering Skills: Choosing Among Simulated And Real Clinical Experiences, Deborah Maranville

Clinical Law Review

In this article I argue that the common topology, which divides "clinical" courses into simulation courses, "live"client clinics, and "externships," has become more misleading than helpful, masking both differences within categories and similarities among them. In order to take the next steps in transforming the law school curriculum we should abandon this typology and focus instead on three primary achievements of "clinical" methodologies: - generating passion in our students, - providing context for their learning, - teaching lawyering skills.

Social Justice Collaboratives: Multidisciplinary Practices For People, Louise G. Trubek, Jennifer J. Farnham

Clinical Law Review

Multidisciplinary practices (MDPs) are a big item in legal news. State and national professional associations as well as scholars are preoccupied with the challenges to traditional legal practice. The push to revise legal institutions to allow expansion of lawyer-nonlawyer practices stems from the rapid growth and importance of large business consultancies. MDPs, however, are also an important development in reenvisioning legal practice for low and moderate income people. We are in a period of experimentation on how to provide assistance to people in dealing with law and legal institutions. There is a flowering of academic writing, conferences, and practitioner accounts …

Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Given that law is made by and for people, the relatively little attention lawyers, judges, and legal scholars have paid to human psychology is surprising. Too often, legal writers have either presupposed or borrowed impoverished conceptions of human nature, erecting legal theories for people presumptively possessed of the requisite nature, regardless of the psychology of the actual persons who make and live under the law. Even when they do attend to human nature, legal scholars tend to ignore the centrality of emotions, dispositions, fantasies, and wishes to human psychology. The articles in this Symposium are united by their authors' resistance …

The Civil Jury In America: Improving The Jury's Understanding Of A Case, Jay E. Grenig

Faculty Publications

No abstract provided.

Persistence Differences In Community College Courses Taught In Classrooms And Through Alternative Formats, Andrew A. Runyan

CCAC Theses and Dissertations

While distance education programs continue to expand, the occurrence of higher dropout rates in those programs as compared to the same courses offered in lecture/lab settings remains a point of contention between supporters and detractors of non-traditional forms of education. This study used a foundation of research on dropout in higher education as the basis for an investigation of dropout rates in non-traditional forms of instruction in a community college setting. Course delivery formats studied included videotape-based courses, Internet-based courses, and courses offered in a self-paced laboratory environment. For each of these formats, the same course, offered in a lecture/lab …

When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Today I want to address the question of what the modern lawyer needs to know and what the modern lawyer must know how to do to be good at what he or she does, to be helpful to clients, to lead a fulfilling life, and hopefully, to leave the world a better place than he or she first found it. I went to law school to work on that illusive jurisprudential concept - justice. On the outside walls of the Edward Bennett Williams Library where I work in Washington, DC, is a quote, which we attribute to a former Georgetown …

Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West

Georgetown Law Faculty Publications and Other Works

Allan Hutchinson remarks at the beginning of his interesting article that Gadamer's writings have had only a peripheral influence on legal scholarship -- only occasionally cited, and then begrudgingly so, and never given the serious attention they deserve or require. Nevertheless, Hutchinson acknowledges, Gadamerian influences can be noted -- particularly in the now widely shared understanding that adjudication is, fundamentally, an interpretive exercise. Even with this qualification, though, I think Hutchinson understates Gadamer's impact. Whatever may be true of Gadamer's influence in other disciplines, his influence in law has been unambiguously both broad and deep -- although it has come …

Mission Impossible?: Ethical Community Lawyering, Shauna I. Marshall

Clinical Law Review

Lawyers working in low income and poorly resourced communities as well as teachers and law students working in clinical programs engage, from time to time, in a style of practice known as community lawyering. The practice is premised upon the belief that one way to remedy certain types of problems in poor communities is for the community to be an integral part of the development and implementation of the solutions to those problems. This style of lawyering envisions lawyers becoming a part of the community in which they work, bringing to the community the knowledge and expertise that they have …

2000 Cornerstone, Northwestern College, Iowa

Yearbooks

No abstract provided.

Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll

Publications

No abstract provided.

Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang

Publications

This article discusses the role of emotions (or feelings or affects) in property rights bargaining. Real world people choose bargaining strategies based upon not only rational calculations, but also their gut feelings. This article considers the impact of anger and shame on bargaining over property rights and the Coase theorem. Such emotions may depend on beliefs (expectations or assessments) about whether particular strategic decisions should or will occur. Such beliefs can be viewed as attributions over the intentions of others.

The Conundrum Of Executive Compensation, Mark J. Loewenstein

Publications

Much of the scholarship on executive compensation that appears in law reviews assumes that large U.S. corporations overpay their chief executive officers ("CEOs"). This assumption is understandable, as many of these compensation packages are indeed stunning. The question of whether CEOs are overpaid, however, is complicated. Some scholars in other disciplines, principally in economics and management science, have studied the issue but, as this Article demonstrates, this literature does not confirm the assumption. Indeed, some studies suggest that CEO pay is competitive. Moreover, efforts to reduce the level of executive compensation may have the unintended consequence of achieving the opposite …

A Normative Analysis Of New Financially Engineered Derivatives, Peter H. Huang

Publications

This Article analyzes whether the introduction of new derivative assets makes a society better or worse off. Because trading such non-redundant derivatives produces new distributions of income across time and over possible future contingencies, individuals can utilize such financial instruments to hedge risks not possible before the introduction of these assets. Thus, it may seem that new derivatives unambiguously benefit society. In fact, introducing sufficiently many new derivatives completes asset markets. Asset markets are complete if trading on them can attain every possible payoff pattern of wealth across time and over possible future contingencies. The first fundamental theorem of welfare …

Teaching Corporate Law From An Option Perspective, Peter H. Huang

Publications

No abstract provided.