Digital Commons Network^™

For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA), causes us to reconceptualize state policies that mandate that all defendants in four categories - those being evaluated for competency to stand trial, those found permanently incompetent to stand trial under the Supreme Court's decision in Jackson v. Indiana, 406 U.S. 715 (1972), those being evaluated for insanity, and those found not guilty by reason of insanity - be treated and housed in …

Johnny's In The Basement/Mixing Up His Medicine: Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Articles & Chapters

Clinical legal education is both more exhilarating and more stressful than "traditional" legal education. It forces students to confront their pre-existing assumptions about the practice of law and the representation of clients (frequently, indigent and marginalized individuals), and it similarly forces them to integrate new doctrine, theory, and practice in a very different way than "regular" law classes demand.

Therapeutic jurisprudence considers the role of the law as a therapeutic agent, and examines all aspects of the legal system in an effort to determine whether it is operating therapeutically or anti-therapeutically, and suggests that legal decision-makers consider the potential impact …

Introduction Of Justice Ruth Bader Ginsburg, Nadine Strossen

Articles & Chapters

No abstract provided.

The Constitutional Court Provides Succour For Victims Of Domestic Violence - S V Baloyi, Penelope Andrews

Articles & Chapters

Focus - The Constitutional Court's 1999 Term

Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused

Articles & Chapters

No abstract provided.

A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews

Articles & Chapters

An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.

The Role Of Seigneurial Jurisdiction After The Norman Conquest And The Nature Of Customary Law In Medieval England, Lloyd Bonfield

Articles & Chapters

No abstract provided.

Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman

Articles & Chapters

This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …

The Future Debate On Multidisciplinary Practice In The United States, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin

Articles & Chapters

No abstract provided.

Truth And Consequences, Stephen Ellmann

Articles & Chapters

No abstract provided.

Current Challenges To The First Amendment William O. Douglas Lecture, Nadine Strossen

Articles & Chapters

No abstract provided.

Incitement To Hatred: Should There Be A Limit, Nadine Strossen

Articles & Chapters

No abstract provided.

Nomos And Cinema Symposium: Law And Popular Culture, Richard K. Sherwin

Articles & Chapters

No abstract provided.

Euclid's Historical Imagery Symposium On The Seventy-Fifth Anniversary Of Village Of Euclid V. Ambler Realty Co., Richard H. Chused

Articles & Chapters

No abstract provided.

Selling The Market-Driven Message: Commercial Television, Consumer Sovereignty, And The First Amendment., David Chang

Articles & Chapters

No abstract provided.

The Constitutional Canon: The Challenge Posed By A Transitional Constitutionalism (Symposium: The Canon(S) Of Constitutional Law), Ruti Teitel

Articles & Chapters

No abstract provided.

Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews

Articles & Chapters

South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews

Articles & Chapters

In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.

This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and solution …

The Action Was Outside The Courts: Consumer Injuries And The Uses Of Contract In The United States, 1875–1945., Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Bifurcation Unbound, Steven S. Gensler

Faculty Articles

No abstract provided.

Understanding The Dynamics Of Child Maltreatment: Child Harm, Family Healing, And Public Policy (Discussant's Commentary), Ross A. Thompson

Department of Psychology: Faculty Publications

For almost a half-century, the Nebraska Symposium on Motivation has profiled many of the evolving themes and issues at the heart of psychology. It has also documented, less directly, changes in society. When the symposium was inaugurated in 1951, child maltreatment was a sad reality of life for many children, but it was not a topic of considerable professional attention. With the identification of the "battered child syndrome" (Kempe, Silverman, Steele, Droegemueller, & Silver, 1962) in the early 1960s, however, professional concern with the plight of abused and neglected children quickly grew. National attention to child maltreatment also increased as …

High Coercivity Longitudinal Recording Media And Method For Its Preparation, David J. Sellmyer, Chun-Ping Luo

Department of Physics and Astronomy: Faculty Publications

A high coercivity longitudinal recording media comprising FePt or similar thin films that are vacuum deposited by RF and DC sputtering. The as-deposited multilayerd films are subjected to vacuum annealing. Due to the formation of the ordered phases of FePt or the like, which have very high crystal anisotropy, the annealed FePt films have large coercivity and fine grain size, suitable for use as ultra-high density magnetic recording media.

Restoring Ecological Integrity Of Great Rivers: Historical Hydrographs Aid In Defining Reference Conditions For The Missouri River, David L. Galat, Robin Lipkin

United States Geological Survey: Staff Publications

Restoring the ecological integrity of regulated large rivers necessitates characterizing the natural flow regime. We applied ‘Indicators of Hydrologic Alteration’ to assess the natural range of variation of the Missouri River’s flow regime at 11 locations before (1929–1948) and after (1967–1996) mainstem impoundment. The 3768 km long Missouri River was divided into three sections: upper basin least-altered from flow regulation, including the lower Yellowstone River; middle basin inter-reservoir, and lower basin channelized. Flow regulation was associated with a reduction in magnitude and duration of the annual flood pulse, an increase in magnitude and duration of annual discharge minima, a reduction …

Details Of Extensive Movements By Minnesota Wolves (Canis Lupus), Samuel Merrill, L. David Mech

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

We used VHF, GPS and satellite radiocollars to study details of long distance movements by four Minnesota wolves (Canis lupus). Number of locations during our tracking ranged from 14 to 274. Farthest distances reached ranged from 183–494 km, and minimum distances traveled (sums of line segments) ranged from 490–4251 km. Numbers of times wolves crossed state, provincial or interstate highways ranged from 1 to 215. All four of the wolves returned to or near their natal territories after up to 179 d and at least two left again.

The Intellectual Context Of Émile Durkheim’S Review Of George Elliott Howard’S American Institutional Perspective On Marriage And Divorce, Michael R. Hill

Department of Sociology: Faculty Publications

ARGUABLY THE MOST IMPORTANT work produced within the Nebraska tradition of sociology is George Elliott Howard’s (1904) massive History of Matrimonial Institutions. The work was widely read, much admired, and warmly critiqued–and it influenced the shape of divorce law reform in the United States of America. Howard’s magnum opus was reviewed by the well-known French sociologist, Émile Durkheim, in L’année sociologique in 1906–an event that should have guaranteed for Howard a more prominent place in the pantheon of sociological founders. This essay documents the special uniqueness of Durkheim’s review and notes the curious neglect of the review by subsequent …

Launching From 'Down Under': The New Australian Space Activities Act Of 1998, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction: the generic role of national space legislation- Prior to dealing with the specific case of Australia, and its recently established national space law, a summary overview of international space law and the generic role of national space legislation within its framework is due. This overview is for a major part summarising an analysis already undertaken in much more detail at another occasion.

2. The international legal framework for national space legislation - Articles VI and VIII. Outer Space Treaty- Article VI of the Outer Space Treaty provides that states are internationally responsible for "national activities in outer space", …

The Challenge And Test Of Our Values: An Essay Of Collective Experience, Kay Herr Gillespie

To Improve the Academy: A Journal of Educational Development

Departing from a specific experience at the 1998 POD conference, the values of the organization—most specifically and directly the “valuing of peopk”—were challenged and put to the test of whether or not we genuinely and sincerely strive to actualize our values. This situation is generalizable to our daily professional and personal lives, and the essay invites readers’ reflection through an examination of our values in combination with the story. The challenge continues, and the test is not finished.

On The Path: Pod As A Multicultural Organization, Christine A. Stanley, Matthew L. Ouellet

To Improve the Academy: A Journal of Educational Development

Since 1993, the Professional and Organizational Development Network (POD) has made an increasingly stronger commitment to becoming a multicultural organization. Poised at the entrance to a new century, it seems useful to examine the current standing of this goal in the context of the overall growth and development of POD. In this article the authors take stock of the organization’s history related to multiculturalism, discuss POD’s current organizational strengths and challenges related to models of multicultural organizational development, and offer suggestions for further progress on the path to becoming a multicultural organization.

Lawyer Role, Agency Law, And The Characterization Officer Of The Court , James A. Cohen

Faculty Scholarship

The law of agency has governed American lawyers since before the Revolution, but recent scholarship about legal ethics and professional role almost entirely ignores it. Most commentators would concede that attorneys are agents, but would quickly add that the lawyer is also an "officer of the court" who has obligations to seek justice. However, analysis of the phrase "officer of the court" reveals that it has surprisingly little content; it is mostly rhetoric, caused by self-love and self-promotion. What little content it has points to a role of the attorney as agent whose obligations to the court are almost identical …