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Full-Text Articles in Law
Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry
Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry
Journal of Law and Health
The ways in which society responds to pregnant women whose behavior purportedly harms their fetuses can be explored from a variety of legal vantage points. This article argues that the criminal law model currently used is ineffective. The assignment of criminal liability to pregnant women is often rooted in fetal personhood and maternal deviance discourse. Criminal law solutions fail because they fail to take into account the fact that maternal behavior is often the result of a myriad of the social and economic conditions over which pregnant women have little or no control. The criminal law model, therefore, simply punishes …
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Cleveland State Law Review
Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Journal of Law and Health
The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Journal of Law and Health
I am convinced, on the basis of experience as a teacher at five law schools, that it is possible to establish a law school culture in which the administration and faculty can work effectively to substantially reduce the level of unnecessary law student distress. I believe, however, that accomplishing this on any large scale among the law schools generally might require not only implementation of many of the suggestions of Professors Glesner and Kutulakis, but also that we abandon the ideas that all law schools should be fundamentally similar, built on the model of a large-enrollment major research center, and …
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Journal of Law and Health
What is the result of all this stress? As previously noted in the Beck, Sales, and Benjamin study, more and more attorneys are turning to alcohol as a "stress reliever." Also, a higher percentage of lawyers are dissatisfied with their personal relationships than the "normal population." A poll conducted for the New York Law Journal by a Manhattan polling firm found that of the lawyers polled who had been divorced, fifty-six percent asserted that their careers in the law had contributed to the breakup of their marriages. Of great concern is the fact that an increasing number of attorneys are …
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Medical Aspects Of Chemical Tests For Intoxication, Philip Jones
Medical Aspects Of Chemical Tests For Intoxication, Philip Jones
Cleveland State Law Review
Three chemical tests are most frequently used. These are the estimation of the alcohol content of the (1) blood, (2) urine, and (3) breath. Each of these shows a reasonably accurate estimation of the degree of intoxication provided certain precautions are observed. Unfortunately, under some circumstances the results of these tests may be misleading and be invalid in evidence. In order to appreciate these limitations it is necessary to understand the physiology of the absorption and excretion of alcohol in the body.