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Full-Text Articles in Law
Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
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 …
The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro
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 …
Two Contradictory Criticisms Of Clinical Education: Dilemmas And Directions In Lawyering Education, Carrie Menkel-Meadow
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 …
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
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 …
An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn
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 …
Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein
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 …
The Stages Of The Clinical Supervisory Relationship, Peter Toll Hoffman
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 …
Eminent Domain As A Tool To Set Up Employee-Owned Businesses In The Face Of Shutdowns, Keith J. Smith
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 …
Abuse Of Authority: The Office Of The Special Counsel And Whistleblower Protection, Thomas M. Devine, Donald G. Aplin
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 …
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
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.
Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer
Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer
Antioch Law Journal
No abstract provided.
Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten
Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten
Antioch Law Journal
No abstract provided.