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Articles 1 - 30 of 37
Full-Text Articles in Law
The Lawyering Process Program: Building Competence And Confidence, Terrill Pollman, Jennifer B. Anderson
The Lawyering Process Program: Building Competence And Confidence, Terrill Pollman, Jennifer B. Anderson
Scholarly Works
In this article, the authors describe the Lawyering Process Program at the William S. Boyd School of Law. Like their colleagues at law schools across the country, students at the Boyd School of Law spend the early part of their law school careers learning the basics of legal research and writing. Unlike many of their fellow IL's, however, Boyd students also learn other important concepts and skills. The Lawyering Process Program at Boyd is a unique, three-semester class that includes significant instruction and experience in four areas: (1) legal writing and analysis; (2) legal research; (3) lawyering skills; and (4) …
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
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Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers denounced the …
Dedication For Justice Hans Linde: A Modest Relativism, Leslie C. Griffin
Dedication For Justice Hans Linde: A Modest Relativism, Leslie C. Griffin
Scholarly Works
No abstract provided.
Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main
Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main
Scholarly Works
No abstract provided.
Placebo-Controlled Trials Of New Drugs: Ethical Considerations, David Orentlicher
Placebo-Controlled Trials Of New Drugs: Ethical Considerations, David Orentlicher
Scholarly Works
No abstract provided.
Does The Federal Constitution Incorporate The Declaration Of Independence?, Thomas B. Mcaffee
Does The Federal Constitution Incorporate The Declaration Of Independence?, Thomas B. Mcaffee
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A standard view at the time of the adoption of the Constitution was that “a constitution does not in itself imply any more than a declaration of the relation which the different parts of the government have to each other, but does not imply security for the rights of individuals.” The drafters of the state constitutions had “assumed that government had all power except for specific prohibitions contained in a bill of rights.” When the federal Constitution was transmitted to the states by Congress, Nathaniel Gorham of Massachusetts defended the omission of a bill of rights based on the federal …
Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards
Mary S. Lawrence: Director Of Legal Research And Writing University Of Oregon 1978 - 2000, Linda H. Edwards
Scholarly Works
No abstract provided.
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
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In April 2000 the United States Supreme Court promulgated a package of Proposed Amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2000, without Congressional intervention. As one commentator observed, “(a)ll of (the proposed amendments) promise to have a significant effect on discovery practice.” One Proposed Amendment--narrowing the scope of discovery available pursuant to Rule 26(b)(1)--was particularly controversial before both the Advisory Committee, the Standing Committee, and the Judicial Conference. Nonetheless, the Proposed Amended Rule narrowing scope proceeded from the Court to finality with no intervention by Congress. Proponents of the change minimized criticism by …
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel
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One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundamental contradictions in litigation practice in the United States. A prominent philosophical tenet of the CLS movement is that law and society are gripped by a “fundamental contradiction” and simultaneously seek to embrace contradictory objectives. Civil litigation, particularly discovery, is no exception: New amendments to the discovery rules are the latest example of this contradiction. Although the new changes are not drastic, they continue the post-1976 pattern of making discovery the convenient scapegoat for generalized complaints about the dispute resolution system. One …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
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Recent case developments in Insurance Law in the years 2000 and 2001.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
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Recent case developments in Insurance Law in the years 2000 and 2001.
Mandatory Binding Arbitration And The Demise Of The Seventh Amendment Right To A Jury Trial, Jean R. Sternlight
Mandatory Binding Arbitration And The Demise Of The Seventh Amendment Right To A Jury Trial, Jean R. Sternlight
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How can the body of law which protects the federal constitutional jury trial right be reconciled with a body of arbitration law which often states such propositions as (1) arbitration is favored; (2) arbitration clauses may be upheld absent a showing of voluntary, knowing, or intentional consent; (3) the party opposing arbitration bears the burden of proof; (4) arbitration can sometimes be imposed using unsigned envelope "stuffers," handbooks, and warranties; and (5) ambiguous contracts should be construed broadly to support arbitration? To be valid, in most courts the waiver and whether it was actually state arbitration clauses need not be …
Not Interaction But Melding - The "Russian Dressing" Theory Of Emotions: An Explanation Of The Phenomenology Of Emotions And Rationality With Suggested Related Maxims For Judges And Other Legal Decision Makers, Peter Brandon Bayer
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Even after centuries of contrary philosophy and psychology, many commentators, jurisprudes, and law makers insist that emotions have no legitimate place in most legal decision making. This recalcitrance, of course, is misplaced in light of the powerful body of theory explaining that without emotions, decisions, including matters of law and policy, simply cannot be made. Judges, along with all societal actors, must disabuse themselves of the fallacious belief that emotions obstruct or obscure reason in all endeavors, particularly morality, law, and justice.
The project of truly apprehending emotions, however, requires more than appreciating that they play a crucial role in …
Printz, The Unitary Executive, And The Fire In The Trash Can: Has Justice Scalia Picked The Court's Pocket?, Jay S. Bybee
Printz, The Unitary Executive, And The Fire In The Trash Can: Has Justice Scalia Picked The Court's Pocket?, Jay S. Bybee
Scholarly Works
In Printz v. United States (1997), the Court held that certain sections of the Brady Handgun Violence Prevention Act were unconstitutional. Until the Attorney General set up a national system, the Act required the chief local law enforcement official to make certain background checks. The Court held that Congress exceeded its authority by requiring local law enforcement officials to take this action. Writing for the majority, Justice Scalia “conclude[d] categorically . . . ‘The Federal Government may not compel the States to enact or administer a federal regulatory program.” ’ The Court offered two justifications. First, these commands to the …
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
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This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.
Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport
Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport
Scholarly Works
Two of the nation's most controversial presidents, Nixon and Clinton, were both lawyers, and both of them had ethics-related problems while in office. This essay reviews whether any model ethics rules force lawyer-presidents to behave at a higher standard than non-lawyer-presidents; then it discusses the implications for legal education if we really do want lawyers to go above and beyond the norm of behavior.
Authorship, Dominance, And The Captive Collaborator: Preserving The Rights Of Joint Authors, Mary Lafrance
Authorship, Dominance, And The Captive Collaborator: Preserving The Rights Of Joint Authors, Mary Lafrance
Scholarly Works
For copyright purposes, determining whether a work has a single author or joint authors is important for a variety of reasons. Perhaps the most significant legal consequence of joint authorship is joint ownership, under which the authors enjoy equal and undivided ownership of the copyright, allowing each to exploit the work freely, subject to a duty to account to the others for a ratable share of the exploitation profits. Absent an agreement to the contrary, each author of a joint work has an equal claim to those profits and an equal right to exploit the work, even if the authors' …
History, Legal Scholarship, And Latcrit Theory: The Case Of Racial Transformations Circa The Spanish American War, 1896-1900, Sylvia R. Lazos
History, Legal Scholarship, And Latcrit Theory: The Case Of Racial Transformations Circa The Spanish American War, 1896-1900, Sylvia R. Lazos
Scholarly Works
The period from 1896 to 1900, the period prior to, during, and immediately following the Spanish American War, which became known to Americans as the “splendid little war,” was a momentous time. An in-depth study of this five-year period--the events leading to the Spanish American War, the War itself and its aftermath--yields a rich and deep understanding of themes at the core of LatCrit theory. This is a key turning point in racial formation of Latino/as, American foreign policy, and American democracy. The U.S. abandoned its isolationist stance, and awkwardly embraced its “duty and obligation” as a “benevolent” world power. …
Inalienable Rights, Legal Enforceability, And American Constitutions: The Fourteenth Amendment And The Concept Of Unenumerated Rights, Thomas B. Mcaffee
Inalienable Rights, Legal Enforceability, And American Constitutions: The Fourteenth Amendment And The Concept Of Unenumerated Rights, Thomas B. Mcaffee
Scholarly Works
It has become common to believe that those who ratified the Fourteenth Amendment “incorporated” not only the specific guarantees of the federal Bill of Rights, but also the other fundamental rights “retained by the people” in the Ninth Amendment. Even among those who acknowledge that the Ninth Amendment was originally a “federalism” provision that simply “retained” all that had not been granted as “powers” to the federal government are those who contend that, in light of the adoption of similar provisions in the state constitutions, by 1866 this language had become a free-floating affirmation of unenumerated rights. This Article attempts …
The Constitution As Based On The Consent Of The Governed—Or, Should We Have An Unwritten Constitution?, Thomas B. Mcaffee
The Constitution As Based On The Consent Of The Governed—Or, Should We Have An Unwritten Constitution?, Thomas B. Mcaffee
Scholarly Works
It is useful to embrace continuity in describing basic differences we have in giving effect to the Constitution, especially if particular ways of communicating help us convey and understand what is at stake. The individual who originated the term “non-interpretivist” to describe judicial review implementing the unwritten constitution, for example, continues to believe that the best approach to constitutional interpretation is not “textualist,” but is properly characterized as “supplemental.” In his view, “much American constitutional adjudication, including but not limited to decisions under due process liberty and the right of privacy, involves the interpretation of an unwritten and essentially common …
Unenumerated Rights Under The U.S. Constitution, Thomas B. Mcaffee
Unenumerated Rights Under The U.S. Constitution, Thomas B. Mcaffee
Scholarly Works
The symbol of modern constitutional law, for good or ill, is Roe v. Wade, the Supreme Court’s abortion decision. From the beginning, the big question has been, where in the text of the Constitution do were find this “right of privacy” that secures the right to choose abortion? Some scholars have argued that such a right could not be found in the text or structure of the Constitution. One powerful counter stems from a textual approach to giving effect to the Constitution. In this article, the author argues that, if we look carefully enough at the text and history, …
They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley
They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley
Scholarly Works
Under Oregon law, persons who sell securities in violation of statutory registration requirements, or by means of some misrepresentation or omission of material fact, may be liable to any person or entity who buys securities from or through them. Likewise, persons who buy securities by means of some misrepresentation or omission of material fact may be liable to any person or entity who sells securities to or through them. In addition to, or in lieu of, suing the person who committed the material misrepresentation or omission, a plaintiff may sue one or more persons or entities who might be vicariously …
Coverage For Unfair Competition Torts Under General Liability Policies: Will The "Intellectual Property" Tail Wag The Coverage Dog?, Francis J. Mootz Iii
Coverage For Unfair Competition Torts Under General Liability Policies: Will The "Intellectual Property" Tail Wag The Coverage Dog?, Francis J. Mootz Iii
Scholarly Works
The scope of "advertising injury" coverage in general liability policies has been shrinking in response to the proliferation of liabilities caused by the growth of the cyber-economy. In response to this shrinking coverage under general liability policies, insurers have been quick to develop new endorsements and specialized products to fill the gaps in coverage. The author argues that significant commercial risks relating to unfair competition claims have been eliminated from coverage under general liability policies, but that there also appears to be no corresponding development of specific endorsements or stand-alone products to deal with this gap in coverage. Specifically, claims …
The Prudent Prosecutor, Leslie C. Griffin
Child Care For Families Leaving Temporary Assistance For Needy Families, Rebecca L. Scharf, Sujatha Jagadeesh Branch, Cynthia Godsoe, Sherry Leiwant, Roslyn Powell, Cary Lacheen
Child Care For Families Leaving Temporary Assistance For Needy Families, Rebecca L. Scharf, Sujatha Jagadeesh Branch, Cynthia Godsoe, Sherry Leiwant, Roslyn Powell, Cary Lacheen
Scholarly Works
Since Temporary Assistance for Needy Families (TANF) replaced the Aid to Families with Dependent Children program in 1996, the welfare rolls have decreased by more than 40 percent. While unemployment and poverty rates have declined, families who leave welfare generally earn low wages and remain below the poverty level. Because families leaving welfare are mostly single mothers with young children, child care is critical to their ability to work outside the home. Low-income parents trying to make ends meet, as well as employers of low-wage workers, emphasize the importance of appropriate, affordable child care in enabling women who leave welfare …
A Plea For Rationality And Decency: The Disparate Treatment Of Legal Writing Faculties As A Violation Of Both Equal Protection And Professional Ethics, Peter Brandon Bayer
A Plea For Rationality And Decency: The Disparate Treatment Of Legal Writing Faculties As A Violation Of Both Equal Protection And Professional Ethics, Peter Brandon Bayer
Scholarly Works
This article builds on the work of others by demonstrating that as a matter of academic ethics, informed by cardinal legal standards of decency, the disparate treatment and adverse terms and conditions imposed on writing professors are not simply unfair but defy the ethical aspirations of American law schools. Specifically, as the construct for analysis, this article establishes and utilizes the proposition that the discordant status of legal writing professors fails to satisfy minimal professional ethics. As a model, this article shows that it is not even minimally rational under the Equal Protection Clause of the United States Constitution, our …
A Brief History Of Anticipatory Repudiation In American Contract Law, Keith A. Rowley
A Brief History Of Anticipatory Repudiation In American Contract Law, Keith A. Rowley
Scholarly Works
This article traces the evolution of the doctrine of anticipatory repudiation from its foundations laid years before the landmark case of Hochster v. De la Tour, 118 Eng. Rep. 922 (Q.B. 1853), through Hochster, its growing acceptance by American courts in the late-1800s and early-1900s, its canonization in the first Restatement of Contracts (despite the Restatement's principal Reporter's personal objections to the doctrine), its codification in the Uniform Commercial Code, its standardization in the Restatement (Second) of Contracts, and its inclusion in the U.N. Convention on Contracts for the International Sale of Goods. This article devotes considerable attention not only …
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
This ambitious book impressively chronicles forms of imprisonment in American history from Columbus’s crossing in 1492, with at least four convicts among his crew, to the rise of five hundred years later of a “prison-industrial complex,” which employs over half a million people and incarcerates more than one million others. According to Christianson, a former investigative reporter and gubernatorial aide who is now contributing editor of The Criminal Law Bulletin, director of the New York Death Penalty Documentation Project, and chairman of the Board of the Safer Society Foundation, With Liberty for Some “is a history of how we …
Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin
Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin
Scholarly Works
No abstract provided.
Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson
Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson
Scholarly Works
No abstract provided.