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Articles 1 - 29 of 29
Full-Text Articles in Law
Ineffective Counsel In Death Penalty Cases And The Promise Of Therapeutic Jurisprudence, Michael L. Perlin, J.D.
Ineffective Counsel In Death Penalty Cases And The Promise Of Therapeutic Jurisprudence, Michael L. Perlin, J.D.
Articles & Chapters
It is absolutely essential to consider the abject ineffectiveness of counsel in a significant number of death penalty cases involving defendants with serious mental disabilities and how such ineffectiveness is often (scandalously) accepted by reviewing courts. We must also assess all of the concerns raised in this excellent paper by Hiromoto and colleagues through the filter of therapeutic jurisprudence as a way to guide counsel to thoroughly investigate all aspects of such cases (especially those involving defendants with PTSD) and to present substantial mitigating evidence to the fact finders in the sorts of cases the authors are discussing.
Keeping Current - Probate, Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva
Keeping Current - Probate, Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva
Articles & Chapters
No abstract provided.
Directed Questions: A Non-Socratic Dialogue About Non-Socratic Teaching, Kris Franklin, Rory Bahadur
Directed Questions: A Non-Socratic Dialogue About Non-Socratic Teaching, Kris Franklin, Rory Bahadur
Articles & Chapters
Despite frequent criticism of Socratic and case-method teaching, the core teaching in most foundational law classes has been remarkably stagnant. But in a time of turmoil and reexamination of the traditions we have all inherited, there is also opportunity for meaningful adaptation to the modern era. This Article introduces Directed Questions methodology as an alternative to the traditional teaching models currently operating in most law schools. Directed reading pedagogy allows legal educators to seamlessly transition to a modern and effective pedagogy incorporating best practices which recognizes that fostering inclusion and the success of diverse students is mandatory in post-Langdellian legal …
Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri Krishna, Kelly Pfeifer, Dana Thompson
Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri Krishna, Kelly Pfeifer, Dana Thompson
Articles & Chapters
Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to …
Book Review: Public Legal Education - The Role Of Law Schools In Building A More Legally Literate Society (Routledge 2021), Amy Wallace
Articles & Chapters
No abstract provided.
"My Bewildering Brain Toils In Vain": Traumatic Brain Injury, The Criminal Trial Process, And The Case Of Lisa Montgomery, Alison Lynch, Michael L. Perlin, Heather Ellis Cucolo
"My Bewildering Brain Toils In Vain": Traumatic Brain Injury, The Criminal Trial Process, And The Case Of Lisa Montgomery, Alison Lynch, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
Individuals with traumatic brain injuries (TBI) have a greater risk of becoming justice-involved due to the role that many TBIs play in impulse control and judgment. Attorneys assigned to represent this cohort may not have encountered individuals with TBI before, and may not be familiar with behavioral manifestations that could be relevant as a defense or as mitigation in individual cases. In this regard, TBI is grossly misunderstood.
A grave example of this point, and a foundation for this article, is the case of Lisa Montgomery, who despite evidence of serious mental illness and significant brain damage, was convicted, sentenced …
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
Articles & Chapters
The United States Supreme Court has continued a speech-protective trend dating back to the 1960s, safeguarding even the most controversial speech from government regulation, including speech that critics of this trend label with the stigmatizing terms "hate speech," "disinformation," "misinformation," "extremist speech," and "terrorist speech." In contrast, as dominant online platforms have become increasingly important forums for both individual self-expression and democratic discourse, the platforms have been issuing and enforcing increasing restrictions on their users' speech pursuant to each platform's content moderation policies. These restrictions often suppress speech that the U.S. Constitution bars government from suppressing. As private sector entities, …
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva
Articles & Chapters
No abstract provided.
Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr.
Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
“Some Mother’S Child Has Gone Astray”: Neuroscientific Approaches To A Therapeutic Jurisprudence Model Of Juvenile Sentencing, Michael L. Perlin, Alison Lynch
“Some Mother’S Child Has Gone Astray”: Neuroscientific Approaches To A Therapeutic Jurisprudence Model Of Juvenile Sentencing, Michael L. Perlin, Alison Lynch
Articles & Chapters
There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges’ decision-making (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) …
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana
Articles & Chapters
No abstract provided.
Gain Or Loss Of Foreign Persons From Sale Or Exchange Of Partnership Interests, Alan Appel
Gain Or Loss Of Foreign Persons From Sale Or Exchange Of Partnership Interests, Alan Appel
Articles & Chapters
No abstract provided.
Healthy Hives: Can Replacing Hierarchies With Intergroup Teams Transform Our Profession?, Heidi K. Brown
Healthy Hives: Can Replacing Hierarchies With Intergroup Teams Transform Our Profession?, Heidi K. Brown
Articles & Chapters
No abstract provided.
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana
Articles & Chapters
No abstract provided.
"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin
"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin
Articles & Chapters
Bob Dylan wrote the song Hurricane to draw the public’s attention to the conviction of the boxer, Rubin “Hurricane” Carter, for a crime (multiple murders) which Carter did not commit. Dylan’s song – and its performance as a part of Dylan’s fabled Rolling Thunder Tour – brought significant public attention to this case (and the miscarriage of justice it reflected), and eventually led to the granting of federal habeas corpus (a decision affirmed by the Third Circuit) and the freeing of Carter from state prison in New Jersey. The song takes the listener from the facts of the crime, through …
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
Articles & Chapters
No abstract provided.
“I See What Is Right And Approve, But I Do What Is Wrong”: Psychopathy And Punishment In The Context Of Racial Bias In The Age Of Neuroimaging, Alison Lynch, Michael L. Perlin
“I See What Is Right And Approve, But I Do What Is Wrong”: Psychopathy And Punishment In The Context Of Racial Bias In The Age Of Neuroimaging, Alison Lynch, Michael L. Perlin
Articles & Chapters
Criminology research has devoted significant attention to individuals diagnosed either with antisocial personality disorder (ASPD) or psychopathy. While in the past, the two terms were used somewhat interchangeably, researchers today are starting to see that the two terms in fact represent two very different personality types and offending patterns. In this article, we examine this development from a legal perspective, considering what this might mean in terms of punishment for these two personality types based on the different characteristics they display in their actual offenses and their responses to punishment and rehabilitation. Specifically, we will focus on how the use …
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Articles & Chapters
No abstract provided.
The Biden Administration's First Hundred Days: An Lgbtq Perspective, Arthur S. Leonard
The Biden Administration's First Hundred Days: An Lgbtq Perspective, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Cyberspace Back To The Classroom: Taking Lessons Learned From Teaching Street Law During The Pandemic Back To In-Person Instruction, Amy Wallace
Articles & Chapters
In spring 2020, when schools around the world were compelled to close their physical doors, educators, administrators and students were forced to re-invent what it meant to teach and to learn. For fifty years, Street Law programs have been dedicated to hands-on, student centered, interactive teaching strategies. Law students, lawyers and teachers have devoted countless hours to creating fun, practical lessons designed to teach young people about practical law that affects their daily lives and also develop the skills they need to use their newly found legal knowledge to improve their lives and their communities. Remote learning upended all the …
"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel
"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel
Articles & Chapters
In 2002, for the first time, in Atkins v. Virginia, 536 U.S. 304 (2002), the United States Supreme Court found that it violated the Eighth Amendment to subject persons with intellectual disabilities to the death penalty. Since that time, it has returned to this question multiple times, clarifying that inquiries into a defendant’s intellectual disability (for purposes of determining whether he is potentially subject to the death penalty) cannot be limited to a bare numerical “reading” of an IQ score, and that state rules based on superseded medical standards created an unacceptable risk that a person with intellectual disabilities could …
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen
Articles & Chapters
No abstract provided.
Women Lawyers For Social Causes, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
Women Lawyers For Social Causes, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
Articles & Chapters
Women lawyers are increasing seen among the leading legal defenders of human rights and social movements in Thailand. Increasing visibility is partly a result of news coverage and social media, but women lawyers activism has far older roots. In this article, we examine two related processes of change that contribute to women’s emergence as leading social cause practitioners. First, we discuss the relationship between Thailand’s legal system and its social and political development since the end of the nineteenth century. Second, we employ career narratives of three women lawyers with innovative practices for social causes as a lens through which …
Counterbalancing Teen Reliance On Social Media News: The Importance Of Using Street Law Methodology To Teach About Current Events, Amy Wallace
Articles & Chapters
Globally, civic engagement of young people lags behind the general population. There is some evidence that young people are becoming more interested and engaged in world events. The pandemic and social justice movements addressing the environment, racial injustice, women’s issues, and LGBTQ rights have especially mobilized young people.
Social media has been key to the success of many grassroots movements (#MeToo, Black Lives Matter, and Greta Thunberg). Increasingly young people are also using social media as a source of news. Teachers and professionals who work with young people have noticed a dramatic surge in awareness and interest in current events. …
Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod
Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod
Articles & Chapters
No abstract provided.
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Articles & Chapters
New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …
How To Train Your Supervisor, Kris Franklin, Paula J. Manning
How To Train Your Supervisor, Kris Franklin, Paula J. Manning
Articles & Chapters
In an ideal world every meeting between law students and professors, or between beginning lawyers and their supervisors, would leave supervisors impressed by their charges and junior lawyers/students with a clear sense of direction for their work. But we do not live in that ideal world. Instead, supervisors, supervisees, law professors and law students frequently leave such meetings feeling frustrated, disconnected and without a shared understanding of how to improve the experience (and future performance).
This Article seeks to improve supervisory meetings, and to do so from the perspective of the ones under supervision. There is a genuine art to …
The Year 2020 In Review: Editor's Note, Lisa Grumet
The Year 2020 In Review: Editor's Note, Lisa Grumet
Articles & Chapters
No abstract provided.
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana
Articles & Chapters
No abstract provided.