Law Commons^™

Microwaving Dreams? Why There Is No Point In Reheating The Hart-Dworkin Debate For International Law, Jason A. Beckett

Faculty Book Chapters

A critique of attempts to transpose Hart and Dworkin's legal theories to international law. I demonstrate why neither approach can provide insights into international law. Hart and Dworkin are institutional theorists, their methodologies are anchored by the need to justify the exercise of socially centralised violence. International law lacks both institutions and centralised violence, and the stabilising force these bring; it is radically indeterminate. Attempts to suppress this indeterminacy have resulted in international lawyers fragmenting into communities of practice, united by their eschatological faith in the international community. I challenge this faith.

Stranded Behind Bars: The Failure Of Retributive Justice (Research Materials), Holy Cross Libraries

Library Resources for Campus Events

A bibliography of resources available through the Holy Cross Libraries which provide additional information related to "Stranded Behind Bars: The Failure of Retributive Justice," a lecture by Erin Kelly, professor of philosophy at Tufts University and author of “The Limits of Blame: Rethinking Punishment and Responsibility” (Harvard University Press, 2018), who explains how retributive justice exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice.

The lecture was sponsored by the Rev. Michael C. McFarland, S.J. Center for Religion, Ethics and Culture, and was held at the College of the Holy Cross …

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Book Chapters

No abstract provided.

Mental Disability Law: Cases And Materials, 3rd Ed (2017), Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch

Books

This comprehensive casebook covers all areas of civil commitment law, institutional rights law, community rights law, sex offenders law, and the Americans with Disabilities Act. Mental Disability Law also explores all aspects of the criminal process, including all criminal competencies, the insanity defense, trial practice issues, sentencing and the death penalty. It is the only casebook available that considers the important factors that have shaped mental disability law — sanism, pretextuality, heuristics and false “ordinary common sense.” The third edition includes expanded new sections on therapeutic jurisprudence and international human rights law.

Spying, Ronald Griffin

Faculty Books and Book Contributions

Ronald C. Griffin’s paper Spying, which is the third paper in the book Selected Issues in Modern Jurisprudence, edited by David A. Frenkel, begins with the finding in the Church Committee Report in the USA. It spotlights Edward Snowden’s disclosure about the NSA, reviews pertinent laws about spying and parades some suggestions and recommendation to curb government excesses.

Judicial Externship Clinic, Legal Clinic Program

Clinical Programs Brochures

The Judicial Externship allows each student to observe, evaluate and participate in the practice of various areas of the law outside the classroom. The educational benefits derived from this experience include improving legal analytical, research and writing skills; learning how judicial decisions are made; and becoming familiar with various court procedures. Students gain a unique view of the court system by assisting a state or federal judge. Students observe and perform a range of lawyering tasks within the judicial system, including: research; writing; attending settlement conferences; observing trials; reviewing jury instructions; preparing bench briefs; and other assignments unique to judicial …

Drug Treatment Court: The Power Of Understanding Addiction, Asaad Traina

Family Medicine Clerkship Student Projects

The Drug Treatment Court in Burlington is one of about 3000 drug treatment courts nationwide. They were developed as an “alternate sentencing court”, a method of restorative justice that would allow people who had multiple criminal charges related to substance abuse to overcome their addiction, have their criminal charges dismissed, and pursue a fuller life. As part of this program, many participants attend an Intensive Outpatient Program (IOP). As a third year medical student, I lead an educational session with the aim of helping participants understand the neurophysiology behind their addiction.

Clark Memorandum: Fall 2010, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• A Walk of Thanksgiving (David Dominguez)
• Carl S. Hawkins (1926-2010)
• Carl Hawkins, Teacher (Monte Stewart)
• Keys to Being Happy, Successful, and Fulfilled (J. Clifford Wallace)
• "How Shall This Be?" (Jane H. Wise)
• Essentials of a Mormon Jurisprudence (John W. Welch)

How Queer Theory Makes Neoliberalism Sexy, Martha T. Mccluskey

Contributions to Books

Published in Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, Martha Albertson Fineman, Jack E. Jackson & Adam P. Romero, eds.

Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism's turn to the state and to moral principle to solve problems of dependency and dominance. But on closer analysis, queer anti-statism and anti-moralism itself relies on and reinforces the identity conventions and regulatory constraints it claims to unsettle. The meaningful question for queer theory, for feminism, and for legal economics, is what kind of state and morality to pursue, not whether individual choice and private …

Access To Justice For A New Century: The Way Forward, Julia H. Bass, W. A. Bogart, Frederick H. Zemans

Books

This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions.

Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.

As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey

Historic Documents

A 349 page collection of talks and recollections compiled by former Indiana University School of Law Dean, William Burnett Harvey. The collection is broken down into four parts: Reflections on the Rule of Law, The African Experience, Reflections on Education, Universities and Law, and Miscellaneous Musings.

Two appendixes are included. The first is a bibliography, and the second is two narrative accounts of Harvey's time in Ghana and his final years at Indiana University during the turbulent 1960s.

Clark Memorandum: Winter 1998, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Centering on Humility (Brett Scharffs)
• The Real Generation Gap (Marianne M. Jennings)
• If at First You Don't Succeed, You're Normal (Kenneth R. Wallentine)
• Past Imperfect (David Dominguez)
• The Teaching of Law Practice (Ralph R. Mabey)

The Egyptian Legal System Over Twenty Years: Overview And Assesment, Ziad Bahaa-Eldin

Faculty Book Chapters

The second of two issues, this volume covers aspects of Egyptian society. Contributors include: Donald Cole, Soraya Altorki, Asef Bayat, Eric Denis, Enid Hill, Ziad Bahaeddin, Malak Rouchdy, Linda Herrera, Jim Napoli, Hussein Amin, Mahmoud al-Lozy, Cynthia Nelson, and Shahnaz Rouse.

Notre Dame Lawyer - Fall/Winter 1996, Notre Dame Law School

Notre Dame Lawyer

Update - November 1987, Loma Linda University Center For Christian Bioethics

Update

In this issue:

-- Gerald Winslow joins LLU faculty
-- Thompson library opens September 25

[ Anencephalic Infants as Organ Donors: Ethical Issues ]
-- A Neonatologist's Concern
-- A Neonatologist's Reply
-- Should the Law be Changed?
-- Would Anencephalic Neonates be Citizens?
-- Cadaveric Donors Should be Dead

-- Ethics Center seeks $100,000

Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume

Michigan Legal Studies Series

In July 1836 final jurisdiction of non-federal litigation passed from the Michigan Territorial Supreme Court to the Supreme Court of the State of Michigan. Then, substantially as now, the Constitution provided: "The judicial power shall be vested in one supreme court, and such other courts as the legislature may from time to time establish." Mich. Const. 1835, Art. VI, §1. Those who are interested in the judicial history of Michigan prior to 1836 are fortunate in having access to much of such history contained in the six volumes entitled "Transactions of the Supreme Court of Michigan," edited by Professor William …

Torts In The Conflict Of Laws, Moffatt Hancock

Michigan Legal Studies Series

There has been in recent years a marked development of interest in the diversities of laws and their attendant conflicts. While modern facilities of communication accelerate the spread of culture and thus augment the need of uniformity in the laws affecting commerce, they also reveal the significance of local needs, customs, and legal institutions. Indeed, it would seem that multiplication of jurisdictions and progressive diversification of laws in both space and subject matter is an unavoidable concomitant of increasing specialization in the international, interstate, or local economy. If these circumstances serve to justify the perennial effort to simplify the law, …

Recopilación De Leyes Y Decretos De Venezuela, 1912, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXXV. Año de 1912.

Jurisprudencia Del Tribunal Supremo, V.1, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: desde su organización hasta 31 de diciembre de 1899. Volumen Primero.

Jurisprudencia Del Tribunal Supremo, V.4, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo. En materia civil: primer semestre de 1900. Volumen Cuarto.

Jurisprudencia Del Tribunal Supremo, V.2, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Primer semestre de 1900. Volumen Segundo.

Jurisprudencia Del Tribunal Supremo, V.5, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo. En materia civil: segundo semestre de 1900. Volumen Quinto.

Jurisprudencia Del Tribunal Supremo, V.6, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Primer semestre de 1901. Volumen Sexto.

Jurisprudencia Del Tribunal Supremo, V.7, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia criminal. Segundo semestre de 1901. Volumen Séptimo.

Jurisprudencia Del Tribunal Supremo, V.8, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo: en materia civil. Primer semestre de 1901. Volumen Octavo.

Jurisprudencia Del Tribunal Supremo, V.3, Cuba. Tribunal Supremo

Cuban Law

República de Cuba. Jurisprudencia del Tribunal Supremo. En materia criminal: segundo semestre de 1900. Volumen Tercero.

Recopilación De Leyes Y Decretos De Venezuela, 1903, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXVI. Año 1903.

Recopilación De Leyes Y Decretos De Venezuela, 1902, Venezuela

Venezuela

Recopilación de Leyes y Decretos de Venezuela. Tomo XXV. Año 1902.