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Full-Text Articles in Law
Product Liability: A Consolidated Teaching Approach, Stephen J. Werber
Product Liability: A Consolidated Teaching Approach, Stephen J. Werber
Law Faculty Articles and Essays
At a time when the impact of product liability litigation upon the socioeconomic structure of the United States is becoming better understood and at a time when the legal profession is realizing to a greater extent the impact of developing doctrine it is sad to note that vast numbers of law colleges offer no specialized course in this subject. The number of litigated, reported cases is rising dramatically as an increasing number of states are adopting more sophisticated and liberal approaches to product suits. Nevertheless, many law students are ill equipped to deal with the problems of a product claim, …
Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock
Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock
Law Faculty Articles and Essays
Since the United States Supreme Court's decision in In re Gault in 1967, in which due process rights were extended to juvenile delinquency proceedings which might result in commitment of youths to reformatory institutions, numerous courts, legislatures, and private study commissions have been re-examining the rights and obligations of young people in contemporary American society. In this ongoing debate over juvenile jurisprudence, perhaps no issue has provoked as much controversy as the question of whether juvenile courts should continue to exercise jurisdiction over juvenile "status offenses"--those unique forms of deviant behavior which are illegal only for minors. It is not …
The Absoluteness Of The First Amendment, Stephen W. Gard
The Absoluteness Of The First Amendment, Stephen W. Gard
Law Faculty Articles and Essays
Despite an urgent need, the reality is that today we have no unifying free speech theory. Instead, the recent decisions of the United States Supreme Court suggest that doctrinal confusion reigns. Ironically, I would suggest that the cause of the present doctrinal confusion is not that insufficient attention has been paid to technical free speech issues, but rather that modern first amendment thinking has been dominated by "balancers." The poverty of the balancing approach, be it ad hoc or definitional in character, stems from its reliance on pragmatic considerations rather than on fundamental principles embodied in the enduring legacy of …
The Clinical Method Of Legal Instruction: Its Theory And Implementation, David R. Barnhizer
The Clinical Method Of Legal Instruction: Its Theory And Implementation, David R. Barnhizer
Law Faculty Articles and Essays
This article assists the process of understanding the clinical methodology by analyzing the following premises. 1. The method of instruction termed "clinical" differs from the Langdellian appellate casebook method in only one respect--the clinical method collects directly experienced legal processes involving a third party (the client) as its core of material studied by the law student while the casebook method utilizes collections of vicariously or indirectly experienced two-dimensional material as its core of learning material. 2. Issues of what specific educational goals are selected by the law teacher, and the techniques of instruction (Socratic, lecture, discussion, videotapes, etc.) are not …
Ideology And History, David F. Forte
Ideology And History, David F. Forte
Law Faculty Articles and Essays
I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …