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University of the District of Columbia School of Law

Antioch Law Journal

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Civil Rico Under Fire: Will White Collar Criminals Be Exempted?, Mark P. Cohen Jun 1986

Civil Rico Under Fire: Will White Collar Criminals Be Exempted?, Mark P. Cohen

Antioch Law Journal

On October 3, 1985, representatives of a coalition of over twenty public interest and consumer groups' marched in front of the Washington, D.C. law offices of Wilmer, Cutler & Pickering 2 holding aloft a banner reading "Corporate Criminals Must Pay" and chanting "Put your clients away, let RICO stay." Wilmer, Cutler & Pickering was singled out as the spearhead of the business lobby seeking, in the coalition's view, to vitiate the effective civil provisions of the "Racketeer Influenced and Corrupt Organizations Act" ("RICO"),3 in particular, its treble damage remedy. The goal of RICO, set out in the "Statement of Findings …

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Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith Jun 1986

Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith

Antioch Law Journal

Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …

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The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro Jun 1986

The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro

Antioch Law Journal

The use of prior convictions to impeach the credibility of a criminal defendant-witness is generally accepted in most American jurisdictions.'Such evidence is allowed in order to present the jury with the general character of a witness so that they may be better able to decide as to his or her tendency to lie on the witness stand.2 The rationale behind this rule is based on the theory that a witness who has been previously convicted of a crime may be less likely to tell the truth than someone who has never been convicted.3 Unfortunately, when a criminal defendant takes the …

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Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter Jun 1986

Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter

Antioch Law Journal

In 1978 Congress amended the Energy Reorganization Act in order to protect whistleblowers - employees who disclose potential violations of nuclear health and safety laws - from retaliation by their employers. 1 Since passage of the nuclear whistleblower protection amendment, the circuit courts of appeals are divided over the issue of what constitutes protected activity.The U.S. Court of Appeals for the Fifth Circuit held in 1984 that an employee must contact a "competent organ of government" to be protected. 2 The U.S. Courts of Appeals for the Ninth and Tenth Circuits have disagreed, and have held that employees who disclose …

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Two Contradictory Criticisms Of Clinical Education: Dilemmas And Directions In Lawyering Education, Carrie Menkel-Meadow Jun 1986

Two Contradictory Criticisms Of Clinical Education: Dilemmas And Directions In Lawyering Education, Carrie Menkel-Meadow

Antioch Law Journal

This article reviews what legal education is attempting to accomplish in teaching lawyering skills and where, from my perspective as a clinician, I think it has fallen short. I then offer some suggestions for what both clinicians and non-clinicians might do to further our efforts directed at truly educating lawyers. The two critiques I will offer of clinical education derive from two of clinical education's principal goals - teaching students how to "behave"as well as "think" like a lawyer (a behavorist goal), and teaching our students to think more broadly about the purpose of their roles as lawyers in the …

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Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan Jun 1986

Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan

Antioch Law Journal

In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …

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An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn Jun 1986

An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn

Antioch Law Journal

The protection of employee whistleblowers is a controversial and developing area within employment discrimination law. There is no comprehensive law which prohibits employers from retaliating against employees who disclose potential corporate or governmental violations of law, or practices which may violate environmental standards or threaten the health and safety of employees and the public. Instead, over the past twenty-five years there has been a steady growth in common law and specific statutory protections for employee whistleblowers. This article is an introduction to the major statutory and common law provisions which concern whistleblower protection. It is not intended to present a …

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Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein Jun 1986

Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein

Antioch Law Journal

This Comment will discuss the judicial review'3 and rulemaking14 provisions of the bill and their possible impact on efforts by atomic veterans to obtain benefits from the Veterans Administration. Part II will provide an overview of the Veterans Administration's claims procedures, describing the criteria currently applied to claims of atomic veterans and the changes contained in the bill. Part III will discuss the critical sections of the bill, including the unique standard of review'5 for factual determinations made in adjudicating individual claims for benefits. In particular, Part III will discuss potential problems posed to reviewing courts applying the standard of …

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The Stages Of The Clinical Supervisory Relationship, Peter Toll Hoffman Jun 1986

The Stages Of The Clinical Supervisory Relationship, Peter Toll Hoffman

Antioch Law Journal

Clinical education is an established fact in legal education today, despite continuing battles in individual schools over the size and budget of the clinical curriculum and the status of clinical teachers.' Because of increasing pressure from students, the Bar, and faculty committed to the creation and maintenance of clinical courses, law schools have responded by labeling a widely diverse body of courses as falling under that heading. Many of these courses bear only scant resemblance to the service-oriented, live, poverty law clinics that were once the model for clinical programs.2 While no attempt will be made here to call for …

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Eminent Domain As A Tool To Set Up Employee-Owned Businesses In The Face Of Shutdowns, Keith J. Smith Jun 1986

Eminent Domain As A Tool To Set Up Employee-Owned Businesses In The Face Of Shutdowns, Keith J. Smith

Antioch Law Journal

In recent years there has been a tremendous increase in the number of worker-owned businesses, with more than 2,000 in existence today.'Studies show that part of the reason for this increase is their success: employee-owned businesses are more productive, 2 create more jobs,3 and grow faster than comparable non-employee owned companies.4 One factor that has contributed to the growth of worker-owned businesses has been plant shutdowns. Today corporations are able to relocate around the world in order to maximize profits.5 As a result, the Northeast and the Midwest alone lost an estimated 900,000 jobs during the 1970s from plant shutdowns.6 …

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Abuse Of Authority: The Office Of The Special Counsel And Whistleblower Protection, Thomas M. Devine, Donald G. Aplin Jun 1986

Abuse Of Authority: The Office Of The Special Counsel And Whistleblower Protection, Thomas M. Devine, Donald G. Aplin

Antioch Law Journal

The term 'whistleblower' is like 'motherhood,' and we are all for whistleblowing apparently. 1978 remarks of Representative Derwinski during House Markup of Civil Service Reform Act provisions establishing protection for federal whistleblowers. I"[Q] In your statement you say that most managers follow the law ...[a]nd have integrity."[A] That is my firm belief."[Q] And that most whistleblowers are malcontents."[A] That has been my experience."1985 exchange between Representative Schroeder and Special Counsel K. William O'Connor, the official responsible under the Reform Act for protection of whistleblowers. 2Even the clearest congressional intent is no stronger than the commitment of those with the discretion …

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Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein Jun 1986

Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein

Antioch Law Journal

No abstract provided.

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Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer Jun 1986

Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer

Antioch Law Journal

No abstract provided.

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Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten Jun 1986

Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten

Antioch Law Journal

No abstract provided.

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Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze Mar 1985

Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze

Antioch Law Journal

In McFeeley v. The United Kingdom, seven prisoners in the H-Block cells of Northern Ireland's Maze Prison filed an application against the government of the United Kingdom, hoping to attain political prisoner status under Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the Convention).I The seven prisoners also alleged violations of Articles 3, 6, 8, 9, 10, 11, 13 and 14 of the Convention. 2 The European Commission of Human Rights (hereinafter the Com- mission) declared most of the application inadmissible. The Commission found that granting special status to the prisoners was …

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Introduction, Richard Falk Mar 1985

Introduction, Richard Falk

Antioch Law Journal

No abstract provided.

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Remarks: The Constitutional Status Of Human Rights Here And Abroad, Ruth Bader Ginsburg Mar 1985

Remarks: The Constitutional Status Of Human Rights Here And Abroad, Ruth Bader Ginsburg

Antioch Law Journal

Many people here this evening have worked diligently to add to the Constitution an explicit guarantee of the equality of men and women before the law. I would like to present a few preliminary comments on that subject, and to tie it to the main line of my remarks about the constitutional status of human rights here and abroad. It is a disappointment, of course, that the ERA ratification effort has not succeeded this time around, but ours is a Constitution that is hard to amend and hardly ever amended. It is also a Constitution enforced in courts; and therefore, …

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The Teaching Of International Human Rights In U.S. Law Schools, Richard B. Lillich Mar 1985

The Teaching Of International Human Rights In U.S. Law Schools, Richard B. Lillich

Antioch Law Journal

The teaching of international human rights law in U.S. law schools has come a long way in the past two decades. Twenty years ago a survey conducted by the American Society of International Law made no mention of the subject. I In 1965, the late Egon Schwelb, "Mr. Human Rights," in what he himself characterized as a "novel departure,"2 offered a seminar on "The International Protection of Human Rights" at Yale. During the next half-dozen years, similar offerings were made available at California (Berkeley), Harvard, Virginia, and several other institutions. By 1971, when a panel at the annual meeting of …

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Legal And Political Considerations Of The United States' Ratification Of The Genocide Convention, Jay Rosenthal Mar 1985

Legal And Political Considerations Of The United States' Ratification Of The Genocide Convention, Jay Rosenthal

Antioch Law Journal

On December 11, 1948, the United States officially signed the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter the Convention).1 The Convention was sent to the Senate as part of the ratification process for the advice and consent of two-thirds of the Senators present and voting. 2 But the Senate declined to give advice and consent to the Convention, and has maintained that position for over thirty-six years. Ninety-six countries have now deposited their instruments of ratification with the United Nations, making them parties to the Convention. The United States is not a party. …

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Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo Mar 1985

Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo

Antioch Law Journal

Between 1968 and 1980 the Supreme Court decided twenty cases' involving statutory classifications based on illegitimacy. The Court's decisions have determined whether discrimination against those individuals deemed illegitimate by law2 constitutes a denial of equal protection. When these decisions are analyzed it seems apparent that the Court was experiencing some difficulty in determining the appropriate constitutional test to apply to illegitimacy statutes. It is not surprising that the Court's various rulings appear inconsistent. The purpose of this article is to examine the Supreme Court's inconsistent decisions in its equal protection analysis of laws affecting illegitimate children. To accomplish this goal, …

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Recent Publication: Indian Land Rights, Robert T. Coulter, Steven M. Tullberg Mar 1985

Recent Publication: Indian Land Rights, Robert T. Coulter, Steven M. Tullberg

Antioch Law Journal

Land rights have been the central issue in United States-Indian relations over the past hundred years, just as they were during the preceding century. The interplay of two elementary forces has largely determined the nature of relations between Indian nations and the United States. On one hand, Indian nations have fought tenaciously to maintain their land rights. Indian nations, communities and "tribes" have viewed and continue to view land as essential to their economic and cultural well-being, and thus to their continued political existence. Thus, control over their land is central to their survival as nations. On the other hand, …

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Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen Mar 1985

Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen

Antioch Law Journal

Throughout history scholars have attempted to defend myriad conceptions of the judicial role. For instance, Corwin believed that law, embodied in nature, was to be discovered by judges.1 Cardozo also envisioned an active judiciary, responsible for keeping law consistent with the mores of the day.2 Wigmore, on the other hand, felt that personalizing justice through judicial discretion is the "antithesis of the Anglo-Saxon conception of justice."' 3 Rather, justice, if attainable at all, must be achieved through strict rule application. 4 Whereas 19th-century scholarship focused on formal rules, recent authorities have turned to contemplating how legal decisions are made and …

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The Rights Of Aliens In The 1980s, Juan Ernesto Mendez Dec 1982

The Rights Of Aliens In The 1980s, Juan Ernesto Mendez

Antioch Law Journal

The United States has always been on the receiving end of the immigration stream. Today's immigration flow however, is markedly different from that of the 19th and early 20th centuries. Immigrants continue to come from a large variety of countries and ethnic origins, but a majority of them tend to be both poor and non-white. The flow of immigration has steadily increased since the early 1970's as international travel and communications have become more developed. Another element adding to the number of recent arrivals is the refugee crisis around the world. In some instances, the United States has perpetuated this …

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Poverty Law In The 1980s, Marian Wright Edelman Dec 1982

Poverty Law In The 1980s, Marian Wright Edelman

Antioch Law Journal

It is self-interest and not justice that propels most people to act. If we intend to help the poor we will need to build coalitions with a range of others in society. When I came out of Mississippi, I thought that people were good if they were for everything I was for, and they were bad if they were not. I learned through the course of trying to protect Head Start that one could bring a whole range of groups together who had a self-interest in child care who would not speak to each other on welfare reform. Our work …

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Civil Liberties In The 1980s. Remarks Of Norman Dorsen, Norman Dorsen Dec 1982

Civil Liberties In The 1980s. Remarks Of Norman Dorsen, Norman Dorsen

Antioch Law Journal

I have been asked to present an overview of the incursions on civil liberty that we may expect in the 1980s and how we may combat them. It is always risky to predict the future, especially in a field as volatile as this. Nevertheless, at least one thing is clear. Civil liberties during the coming decade will be subject to great pressures. This is true whether the government remains conservative, such as the present Reagan Administration, or changes after the 1984 or 1988 elections. The reason for my confidence in this assertion is that governments, whatever their political complexion, seek …

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Civil Rights In The 1980s, Nathaniel R. Jones Dec 1982

Civil Rights In The 1980s, Nathaniel R. Jones

Antioch Law Journal

have been asked for my views on the civil rights agenda for the 1980s. Such an agenda cannot be proposed in a vacuum, for the roots of current civil rights problems extend deep into the nation's history. In fact, public acceptance of civil rights remedies has been impeded precisely because their historical predicates are so little understood. While the civil rights thrust has broadened to include gender, ethnic, and age considerations, the basic problems in shaping remedies continue to center around race and the nation's treatment of racial groups. This fact confounds those who had come to believe that problems …

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Reproductive And Sexual Freedom In The 1980s, Rhonda Copelon Dec 1982

Reproductive And Sexual Freedom In The 1980s, Rhonda Copelon

Antioch Law Journal

The inclusion of issues of reproductive and sexual freedom in this symposium is itself a sign of great progress. The civil liberties agenda which, until the last decade, was largely focused on first amendment issues, has grown substantially. This is because the movements of the last several decades-civil rights, black power, feminist, anti-war, Native American, lesbian and gay, anti-nuclear, and others-have broadened our understanding of the meaning of repression. In 1960, for example, there was only a hardy band of progressive civil libertarians working on the idea that a woman's right to contraception and abortion is fundamental to her liberty.' …

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First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner Dec 1982

First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner

Antioch Law Journal

In First National Maintenance Corp. v. NLRB I the United States Supreme Court further limited the subjects that require mandatory collective bargaining. 2 The Court overruled a long-standing National Labor Relations Board policy that required an employer to bargain about the decision to partially close its business. 3 The Court formulated a new balancing test that weighs the employer's need to maintain the freedom to manage its business against the benefit to labor-management relations and the collective bargaining process.

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Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway Dec 1982

Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway

Antioch Law Journal

In Filartiga v. Pefia-IralaI the United States Court of Appeals for the Second Circuit upheld the subject matter jurisdiction of the federal courts over an action between foreign nationals for the wrongful death by torture of a seventeen year old boy in Paraguay. Reversing the United States District Court for the Eastern District of New York, the Second Circuit held that deliberate torture committed by a foreign police official violates international law, and that an action may therefore be brought in district court under 28 U.S.C. § 1350 (The Alien Tort Statute).2 The Alien Tort Statute, rarely invoked since its …

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Equal Access To Justice Act, Sidney B. Jacoby Dec 1982

Equal Access To Justice Act, Sidney B. Jacoby

Antioch Law Journal

The new statute entitled the Equal Access to Justice Act 1 (hereinafter Act) is of great importance because it provides, on a three year experimental basis, for the award of possibly large attorneys' fees and other expenses to private parties of modest means in successful civil actions against the government, its agencies or officials. The Act, however, is specifically not applicable in tort actions. 2 The new Act entitles certain private parties prevailing in government litigation to recover attorneys' fees, expert witness fees, and other expenses against the United States, unless the government action was "substantially justified" or "special circumstances …

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