Law Commons^™

Salt Equalizer, Vol. 2000, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Eric S. Janus, A Focus on Access to the Legal Profession, at 1.

Carol Chomsky & Margaret Montoya, Presidents' Column, at 1.

Joan Howarth, Report from the Bar Exam Task Force, at 2.

Cover Conference Scheduled for March 2-4 in New Hampshire, at 3.

Jane Dolkart, Theresa Glennon & Peter Margulies, The Robert Cover Workshop, at 3.

Theresa Glennon & Peter Margulies, Improving Law School Admissions Now, at 3.

Sylvia A. Law, SALT Honors Found and First President Norman Dorsen, at 4.

Norman Dorsen's Acceptance, at 5.

Deborah …

Trends. When Is A Psychological Profile Not A Psychological Profile? The Fbi And School Violence, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the difficulties of predicting and preventing school violence. Though the FBI does have a list of "warning signs" by which to evaluate potential perpetrators of lethal school violence, they do not consider this list to be a profile. This is especially true given that no reliable predictors of lethal school violence have been found.

Introduction: The Ben J. Altheimer Symposium: Media Law And Ethics Enter The 21st Century, Richard J. Peltz

University of Arkansas at Little Rock Law Review

No abstract provided.

The Pollard Case And The Nature Of Espionage, Ibpp Editor

International Bulletin of Political Psychology

This article describes some common misconceptions in evaluating the appropriateness of penalties for individuals convicted of espionage.

Drugged Or Old Drugs In New Bottles: United States Drug Policy And Colombia, Ibpp Editor

International Bulletin of Political Psychology

This article describes a psychology that seems to pertain to United States (US) policy towards decreasing the export of illicit drugs from Colombia.

Salt Equalizer, Vol. 2000, Issue 3, Society Of American Law Teachers

SALT Equalizer

Carol Chomsky & Margaret Montoya, Presidents’ Column, at 1.

Sue Bryant, SALT Teaching Conference, at 1.

Vernellia Randall, SALT Committee Plans Survey to Evaluate Schools’ Commitment to Diversity, at 2.

Phoebe Haddon, AALS Task Force on Racial Diversity Seeks to Make Legal Education More Inclusive, at 3.

Eric Yamamoto, Western Law Teachers of Color and Asian American Law Teachers Hold First Joint Conference, at 4.

Kim Dayton, SALT in Cyberspace, at 5.

Martha Chamallas, SALT Expands, at 5.

Carol Chomsky, SALT Testimony Leads to Rethinking of Bar Exam Proposal, at 6.

Linda …

Trends. The Double Edged Sword Of Transparency In Criminal And Civil Law: The Case Of Euthanasia, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the decriminalization of euthanasia in The Netherlands, and the issue of transparency.

Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor

International Bulletin of Political Psychology

This article critiques a common criterion employed to identify examples of racial profiling in law enforcement.

Trends. Terrorism And The Death Penalty, Ibpp Editor

International Bulletin of Political Psychology

This article examines the prudence of seeking the death penalty against a defendant implicated in the bombings of US Embassies in Kenya and Tanzania.

Salt Equalizer, Vol. 2000, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Carol Chomsky & Margaret Montoya, Presidents' Column, at 1.

Francisco Valdes, Solomon II Update: Victory on Hold - Stay Tuned, at 1.

Paula Johnson, SALT Diversity Exhibits Send a Strong Visual Message, at 5.

Eileen Kaufman, SALT Issues Statement of Support for Adam's Mark Boycott, at 7.

Margaret Montoya, First Ever "Race Judicata" Conference at University of New Mexico, at 8.

SALT's Bar Exam Reform Campaign Gains Momentum, at 10.

Samantha Blevins, Grillo Retreat Energizes and Inspires Public Interest Students, Faculty and Practitioners, at 14.

Stephen Wizner, SALT Sponsors …

Réflexions Sur La Codification Du Droit Privé, Paul-A. Crepeau

Osgoode Hall Law Journal

Within the framework of a broader research into the sources of the civil law of obligations, the author starts, here, from the historical fact that, on the one hand, the private law of Québec constitutes, since 1866, and contrary to the common law, an essentially legislated system, in the form of a Civil Code enacted in the French civilian tradition, and that, on the other hand, that form was maintained in the 1994 new Civil Code of Quebec. In reflecting on the method of codification, on the basis of various definitions of the term code, the author presents and analyzes …

Ibpp Research Associates: Botswana, Ditso Anneleng

International Bulletin of Political Psychology

This article discusses educational and legal issues surrounding students from Botswana enrolled in an alleged fake educational institution - African Media University in South Africa.

Why Austria Has A Future In The Heart Of Europe, Ibpp Editor

International Bulletin of Political Psychology

Based on the February 3rd Declaration Issued by Wolfgang Schussel and Jorg Haider, this article suggests that Austria already is much more like Europe than one might think and will continue in this vein.

Salt Equalizer, Vol. 2000, Issue 1, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Howard A. Glickstein, 1999-2000 SALT Salary Survey, at 1.

SALT Membership, at 1.

Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad

Cleveland State Law Review

This article proposes that there is room for increased use of apology in the United States and in mediation in particular. Mediation offers the ideal setting for the offering of an apology because of its position outside the traditional strictures of the adversarial system and because of its oft-stated goal of reconciling parties and preserving relationships. Similarly, an increased awareness of apology among mediators is likely to provide another innovative method for helping parties reach a mutually satisfying and beneficial settlement. Part II of this Article examines the nature of apology and its transformative power. Part II discusses the use …

The Secret Of The Court In The Netherlands, Niels F. Van Manen

Seattle University Law Review

The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have …

Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli

Seattle University Law Review

First, this Article will discuss schizophrenia and its impact on these individuals and their families. Family variables in the course of the disorder will be highlighted. Then, this Article will review the legal power afforded such families by ex parte provisions in civil commitment statutes using the involuntary examination portion of the Florida mental health code as a model. Finally, this Article will assess this system of civil commitment available to care-giving families in therapeutic jurisprudential terms, with recommendations for maximizing the therapeutic consequences and minimizing the antitherapeutic consequences of ex parte procedures.

Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla

University of Richmond Law Review

In this symposium issue Robert Nagel, Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky explore the intersection of privacy and freedom of the press. In his fascinating inquiry into privacy and celebrity in modern American life, Robert Nagel demonstrates the connection between the American public's strong commitment to privacy and its simultaneous passion for robust protection of freedom of speech. Among his most important insights is the exposure of "pseudo-intimacy" as a principal currency of contemporary celebrity status. Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky all investigate the legal principles that ought to surround aggressive and surreptitious newsgathering techniques, each in …

Annual Survey Of Virginia Law: Technology Law, John S. Jung

University of Richmond Law Review

During the 2000 Session, the General Assembly considered eighty-one technology related bills, forty of which were enacted. This article summarizes the more significant technology bills enacted during this session. One of these bills, House Bill 719,1 enlarged the Joint Commission on Technology and Science ("JCOTS"). The 1997 Virginia General Assembly created JCOTS aas a permanent legislative agency" to "generally study all aspects of technology and science and endeavor to stimulate, encourage, promote, and assist in the development of technology and science in the Commonwealth and sound public policies related thereto." JCOTS, which originally consisted of nine legislators-five delegates and four …

Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler

Seattle University Law Review

In this Introduction, I will briefly summarize Des Rosiers' Court Review article, entitled From Telling to Listening: A Therapeutic Analysis of the Role of Courts in Minority-Majority Conflicts, placing it in a framework that transcends minority-majority conflicts and encourages discussion regarding the use of therapeutic jurisprudence by appellate tribunals. My brief summary is followed by a series of comments that have the potential of launching a refreshing line of inquiry into the appellate process, opinion writing, and the formulation of legal doctrine.

Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo

Seattle University Law Review

This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.

Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro

Seattle University Law Review

Therapeutic jurisprudence is a relatively young school of thought. One of its major attractions to the academic community has been its claim that society could use the law, both at the legislative and adjudicatory level, to promote the psychological well-being of those affected by the law. In this commentary, I want to share a little known decision of the Supreme Court of Puerto Rico regarding police persecution of political minorities. It is my contention that looking at this decision through the lens of therapeutic jurisprudence, one may discover a serious effort by the court to heal very divisive wounds on …

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

Seattle University Law Review

Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …

Preface, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson

Seattle University Law Review

If therapeutic jurisprudence is so good, its applicability should not be limited to the trial courts. This Article offers some examples of how appellate courts can join the trial courts in applying therapeutic jurisprudence, but it also raises some concerns.

The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers

Seattle University Law Review

Professor Dauer makes two very interesting points about why endorsing a therapeutic jurisprudence (TJ) approach rocks fundamental assumptions about the common law legal system. First, he argues that demonstrating impartiality more than empathy is a practice so entrenched in the system that it cannot be dislodged. Second, he argues that the TJ approach that I advocate in my discussion of the Quebec Secession Reference is more "mediation" than adjudication. I would like to respond to both points and conclude with another example as to how a TJ approach may prove attractive in times of criticism about judicial activism in constitutional …

The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon

Seattle University Law Review

This Article will suggest that TJ has occasionally been part of the United States Supreme Court's jurisprudence. The Court sometimes finds itself at the center of deeply-divisive national controversies. On those occasions, the opinion of the Court can, and ought to, play a role in healing the nation's controversy-inflicted wounds. The Court should consciously craft an opinion that speaks to the American people as a whole and that calls on every citizen, regardless of the fervency of his or her beliefs, to accept the resolution of the controversy offered by the Court. During such crises, citizens are unlikely to accept …

Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee

Seattle University Law Review

Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive, …

The Power Of Myth: A Comment On Des Rosiers' Therapeutic Jurisprudence And Appellate Adjudication, Edward A. Dauer

Seattle University Law Review

In the American legal system, the myths surrounding judicial decision-making may pose significant impediments to achieving therapeutic jurisprudence. Courts, we are taught, are confined to the preexisting law, applying it to the conflict as the law itself requires that the conflict be framed. This is, in many ways that matter, a belief system that is not conducive to the therapeutic jurisprudence way.

Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton

Seattle University Law Review

This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.