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2001

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Panel 3: Creating Models For Progressive Lawyering In The 21st Century, Peter J. Nickles, Lucie E. White, Luke W. Cole Jan 2001

Panel 3: Creating Models For Progressive Lawyering In The 21st Century, Peter J. Nickles, Lucie E. White, Luke W. Cole

Journal of Law and Policy

No abstract provided.

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Panel 4: Knowledge Production In The Legal Academy, Martha L. Minow, Carrie J. Menkel-Meadow Jan 2001

Panel 4: Knowledge Production In The Legal Academy, Martha L. Minow, Carrie J. Menkel-Meadow

Journal of Law and Policy

No abstract provided.

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Panel 5: Promoting Racial Equality, Todd D. Rakoff, Paul D. Butler, Deborah A. Ramirez, Christopher F. Edley Jan 2001

Panel 5: Promoting Racial Equality, Todd D. Rakoff, Paul D. Butler, Deborah A. Ramirez, Christopher F. Edley

Journal of Law and Policy

No abstract provided.

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Panel 6: Fighting Gender And Sexual Orientation Discrimination, Martha F. Davis, Nan D. Hunter, Vickie Schultz Jan 2001

Panel 6: Fighting Gender And Sexual Orientation Discrimination, Martha F. Davis, Nan D. Hunter, Vickie Schultz

Journal of Law and Policy

No abstract provided.

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Millenium Speech, Hon. Stephen Reinhardt Jan 2001

Millenium Speech, Hon. Stephen Reinhardt

Journal of Law and Policy

No abstract provided.

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Filial Responsibility Statutes: Legal And Policy Considerations, Seymour Moskowitz Jan 2001

Filial Responsibility Statutes: Legal And Policy Considerations, Seymour Moskowitz

Journal of Law and Policy

No abstract provided.

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Justice For The "Forgotten Victims": U.S. Survivors Of The Holocaust, Hon. Delissa A. Ridgeway Jan 2001

Justice For The "Forgotten Victims": U.S. Survivors Of The Holocaust, Hon. Delissa A. Ridgeway

Journal of Law and Policy

No abstract provided.

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Lock Them Up And Throw Away The Key: How Washington's Violent Sexual Predator Law Will Shape The Future Balance Between Punishment And Prevention, Sarah E. Sperling Jan 2001

Lock Them Up And Throw Away The Key: How Washington's Violent Sexual Predator Law Will Shape The Future Balance Between Punishment And Prevention, Sarah E. Sperling

Journal of Law and Policy

No abstract provided.

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Court Fixing, Tracey E. George Jan 2001

Court Fixing, Tracey E. George

Vanderbilt Law School Faculty Publications

This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic experience on judges. Researchers have not focused much attention on the importance of a judge's background as a full-time law professor and legal scholar, although more than thirteen percent of courts of appeals appointees were former law professors. Franklin Roosevelt and Ronald Reagan both viewed the federal judiciary (particularly the Supreme Court and the Courts of Appeals) as integral to their policy agendas, and both further believed that …

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Evolutionary Analysis In Law: Some Objections Considered, Owen D. Jones Jan 2001

Evolutionary Analysis In Law: Some Objections Considered, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article appears in a special issue of the Brooklyn Law Review on DNA: Lessons from the Past - Problems for the Future. It first addresses why law needs insights from behavioral biology, and then identifies and responds to a variety of structural and conceptual barriers to such evolutionary analysis in law.

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The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi Jan 2001

The Challenge Of Punitive Damages Mathematics, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible citizens who applied these formulas to a series of legal cases. Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiffs lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well educated were particularly unwilling or unable to apply the recommended punitive …

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Too Clever By Half: The Problem With Novelty In Constitutional Law, Suzanna Sherry Jan 2001

Too Clever By Half: The Problem With Novelty In Constitutional Law, Suzanna Sherry

Vanderbilt Law School Faculty Publications

As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism and the Sense of Difficulty", 95 NW. U. L. Rev. 845 (2001) ] Indeed, one might say that reconciling judicial review and democratic institutions is the goal of almost every major constitutional scholar writing today, including Bennett himself. I have suggested elsewhere that scholars as diverse as Richard Epstein, Antonin Scalia, and Robert Bork on the one hand, and Akhil Amar, Bruce Ackerman, and Ronald Dworkin on the other, are all motivated by a desire to …

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Brain Plasticity And Spanish Moss In Biolegal Analysis, Erin O'Connor Jan 2001

Brain Plasticity And Spanish Moss In Biolegal Analysis, Erin O'Connor

Vanderbilt Law School Faculty Publications

The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach peak effectiveness unless it is built on a sound behavioral model, and no model of human nature is ultimately sound unless it is consistent with the insights from behavioral biology. And the beauty of behavioral biology, for one who uses behavioral models, is that it tells us something about human tastes, preferences, and cognitive biases and limitations.

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The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie Jan 2001

The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie

Vanderbilt Law School Faculty Publications

Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes both facilitation and evaluation, a vocal group of purist critics rejects Riskin's pluralist view of mediation on normative grounds. These purist critics -- including such prominent mediator-scholars as Professors Kim Kovach, Lela Love," and Josh Stulberg -- argue that mediation is in fact, and should be, solely a facilitative process "designed to capture the parties' insights, imagination, and ideas that help them to participate in identifying and shaping their preferred outcomes." For …

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An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye Jan 2001

An Analysis Of A Case Study Of A Secondary Alternative Education Program In Brazil: Lessons For The United States, Charlene Marette Claye

Theses and Dissertations

This research study examined the effect of the Freirean Theory of Education on one alternative secondary education program for at-risk students in Salvador da Bahia, Brazil. The learning theory, curriculum, and instructional methods were examined to determine the extent of the influence of Paulo Freire's Theory of Education, the extent of practice, and the extent to which faculty, students, and community members think it should be practiced. From this research, lessons were abstracted for use in schools in the United States. Brazil was chosen because of its shared history with the United States of slavery, colonialism, and oppression of people …

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Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner Jan 2001

Interdisciplinary Education At Academic Health Centers: Attitudes And Barriers Affecting Its Delivery, Stephanie F. Gardner

Theses and Dissertations

Interdisciplinary care is a method of providing patient care that incorporates the efforts of various health care providers. Studies show this approach can improve patient care and decrease overall costs to the healthcare system. Despite the evidence for the benefits of interdisciplinary care, there are no well-defined models for training students during their didactic years to become members of an interdisciplinary team. This study determines the attitudes of administrators of professional schools toward interdisciplinary education, identifies perceived barriers to interdisciplinary education, examines the extent to which interdisciplinary education is occurring at academic health center campuses, and identifies the courses that …

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Epidemiology Of Deviance, Gordon A. Crews Jan 2001

Epidemiology Of Deviance, Gordon A. Crews

Criminal Justice Faculty Publications

Deviance (Goode, 1997), in a general sense, is behavior that some members of a given society will find “offensive”. It is behavior which brings about, or would bring about if it were discovered, disapproval, punishment, condemnation, or hostility from another. This is any behavior that is likely to get the actor into “trouble”. Deviance is behavior which is considered to be outside the “bounds” of a given group or society. Another definition, in a more working sense, is “any departure from a social norm which does or could provoke sanctions” (p. 37).

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The Influence Of Work Status On The Work Outcomes Among Part-Time Workers In The Service Industries Of Hong Kong, Fung Yi, Millissa Cheung Jan 2001

The Influence Of Work Status On The Work Outcomes Among Part-Time Workers In The Service Industries Of Hong Kong, Fung Yi, Millissa Cheung

Lingnan Theses

This research examined the influence of work status on attitudes and work outcomes. The two attitudes of perception of psychological contract violations, (violation of employment promise by employers) and fairness perception (fair treatment at work) were studied. This research examined the relationship between attitudes and work outcomes (organizational commitment, e.g. loyalty; organizational citizenship behavior, voluntary action done by employees for the sake of organizations and turnover intention). Individuals with family responsibility are attracted to work part-time voluntarily. Corporate downsizing has often forced individuals to go into part-time work involuntarily. Voluntary and involuntary work status had moderating effects on attitudes and …

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Psychological Mechanisms Underlying Individual Knowledge And Contribution In Learning Organizations, Bin Zhao, Hwee Hoon Tan Jan 2001

Psychological Mechanisms Underlying Individual Knowledge And Contribution In Learning Organizations, Bin Zhao, Hwee Hoon Tan

Research Collection Lee Kong Chian School Of Business

Although much has been written about how to set up learning organizations, there is a paucity of research on understanding employees’ willingness to learn or contribute knowledge in such activities, a key element in the success of organizational learning. This paper presents models for understanding individuals’ willingness to learn and individuals’ willingness to contribute in organizational settings. Through the examination of the psychological mechanisms underlying individuals’ willingness to learn and to contribute, we will further our understanding on the individual and contextual factors that affect employees’ decision to learn and contribute in organizational learning activities. Drawing from the literature, we …

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City Of Edmond V. Robinson: The Coercion-Standing Test-A New Approach To Religious Symbols Under The Establishment Clause?, David S. Hill Jan 2001

City Of Edmond V. Robinson: The Coercion-Standing Test-A New Approach To Religious Symbols Under The Establishment Clause?, David S. Hill

Utah Law Review

Establishment Clause jurisprudence is fraught with a myriad of competing philosophies and intricate tests. Among commentators, judges, and lawyers, no one is completely satisfied with any of the approaches created thus far. Such conflict and complexity invites the temptation to simplify matters by employing more heavy-handed approaches aimed at displacing ambiguities with absolutes, or refusing to address them at all. However, when dealing with a sensitive topic like religious liberty, more sensitive tools must be used. The imperfection of the endorsement test may not always yield the best results, but it does address many of the viable constitutional concerns inherent …

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Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr Jan 2001

Television And Societal Effects: An Analysis Of Media Images Of African-Americans In Historical Context, Sherri L. Burr

Faculty Scholarship

This paper takes a historical approach to the depictions of African-Americans in television in the five decades since the 1950s and links those images to the changing roles and perceptions of African-Americans in society. Part I discusses the various television shows from the 1950s to the 1990s that featured African-Americans and have had a societal impact. Part II analyzes the chicken/egg relationship between networks and advertisers and asks whether television, given the economic forces affecting it, can be used as a force for change. Part III explores how these television images have affected foreigners and children. Television remains "without a …

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Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard Jan 2001

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …

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Dual Citizenship And Forced Marriages, Alison Symington Jan 2001

Dual Citizenship And Forced Marriages, Alison Symington

Dalhousie Journal of Legal Studies

This paper examines the phenomenon of forced marriage and how the international law on diplomatic protection and domestic citizenship laws interact to prevent young women from receiving help because of their status as dual nationals. The evolution of international law and the rise of human rights are considered, the author contesting international rules preventing the United Kingdom from attempting to assist its nationals who are abducted to South Asia for the purposes of forced marriage. This paper demonstrates how in complex situations involving power, gender, culture and politics, law is better understood as a struggle over meaning than as a …

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A Clean & Healthy Environment: The Barriers & Limitations Of This Emerging Human Right, Erin Eacott Jan 2001

A Clean & Healthy Environment: The Barriers & Limitations Of This Emerging Human Right, Erin Eacott

Dalhousie Journal of Legal Studies

A human right to a healthy environment needs to be advocated by states, non-government organisations and the public. It can be argued that a human right to a healthy environment has slowly been emerging in international law over the past 20 years, but whether this right will ever become solidified in international law is not yet clear. A human right to a healthy environment needs to be advocated because it is an essential prerequisite to the fulfillment of many fundamental human rights, such as the rights to life, culture, liberty and security of the person, and an adequate standard of …

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And Now A Word About Secular Humanism, Spirituality, And The Practice Of Justice And Conflict Resolution, Carrie Menkel-Meadow Jan 2001

And Now A Word About Secular Humanism, Spirituality, And The Practice Of Justice And Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The papers presented in this Dialogue raise very important and moving questions about the relationship of spirituality, moral values, and religion to the practice of law generally, and the practice of conflict resolution specifically. In this Commentary, I want to focus on two related questions: First, where do our moral values, spirituality, and sense of communion or connection come from? And second, how do values derived from various sources of secular humanism inform our practices? For some of us, organized religion is not the primary source of our commitment to the "moral" values that inform our legal and conflict resolution …

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Ethics In Adr: The Many "Cs" Of Professional Responsibility And Dispute Resolution, Carrie Menkel-Meadow Jan 2001

Ethics In Adr: The Many "Cs" Of Professional Responsibility And Dispute Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

I have been teaching both alternative dispute resolution ("ADR") and professional responsibility for a long time, and I will devote the majority of this essay to reporting on some of the enormous changes and developments in this field. However, I will begin with a mea culpa at a higher level of ethical consciousness than the rules that govern us, or are about to govern us, typically use. I have spent the last five years of my life writing ethical rules for ADR, and I am worried about the future of this field. There are many changes occurring in ADR, and …

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Lawyers For The Abused And Lawyers For The Accused: An Interfaith Marriage, Abbe Smith, Ilene Seidman Jan 2001

Lawyers For The Abused And Lawyers For The Accused: An Interfaith Marriage, Abbe Smith, Ilene Seidman

Georgetown Law Faculty Publications and Other Works

In this article, we will explore what unites lawyers for the abused and lawyers for the accused. In Part II, we will discuss our connection as poverty lawyers concerned about the dignity of individual clients. In Part III, we will discuss our shared commitment to the adversarial system, legal process, and access to justice. In Part IV, we will address the challenge of teaching students who represent victims or perpetrators to be zealous and devoted advocates - but also to care about social and legal injustice on both sides.

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Caretakers And Collaborators, Maxwell Gregg Bloche Jan 2001

Caretakers And Collaborators, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

A chilling subplot in the twentieth-century saga of state-sponsored mass murder, torture, and other atrocities was the widespread incidence of medical complicity. Nazi doctors’ human “experiments” and assistance in genocidal killing are the most oft-cited exemplar, but wartime Japanese physicians’ human vivisection and other grotesque practices rivaled the Nazi medical horrors. Measured by these standards, Soviet psychiatrists’ role in repressing dissent, Latin American and Turkish military doctors’ complicity in torture, and even the South African medical profession’s systematic involvement in apartheid may seem, to some, almost prosaic. Yet these and other reported cases of medical complicity in human rights abuse …

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As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole Jan 2001

As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …

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Viewing Grizzly Bears In Captivity | An Exploration Of Visitor Dialogue And Meanings Associated With The Experience, Stefanie A. Kearns Jan 2001

Viewing Grizzly Bears In Captivity | An Exploration Of Visitor Dialogue And Meanings Associated With The Experience, Stefanie A. Kearns

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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