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2021

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Articles 1 - 30 of 36

Full-Text Articles in Law

Ineffective Counsel In Death Penalty Cases And The Promise Of Therapeutic Jurisprudence, Michael L. Perlin, J.D. Nov 2021

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 Nov 2021

Keeping Current - Probate, Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.


Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri Krishna, Kelly Pfeifer, Dana Thompson Oct 2021

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 Oct 2021

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.


Directed Questions: A Non-Socratic Dialogue About Non-Socratic Teaching, Kris Franklin, Rory Bahadur Oct 2021

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 …


"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 Oct 2021

"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 Oct 2021

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 Sep 2021

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. Aug 2021

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.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana Jul 2021

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

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 Jul 2021

“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) …


Healthy Hives: Can Replacing Hierarchies With Intergroup Teams Transform Our Profession?, Heidi K. Brown May 2021

Healthy Hives: Can Replacing Hierarchies With Intergroup Teams Transform Our Profession?, Heidi K. Brown

Articles & Chapters

No abstract provided.


Gain Or Loss Of Foreign Persons From Sale Or Exchange Of Partnership Interests, Alan Appel May 2021

Gain Or Loss Of Foreign Persons From Sale Or Exchange Of Partnership Interests, Alan Appel

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana May 2021

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 Apr 2021

"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 …


Expanding Therapeutic Jurisprudence Across The Federal Judiciary, Benjamin Barsky, Heather Ellis Cucolo, Dominic Sisti Mar 2021

Expanding Therapeutic Jurisprudence Across The Federal Judiciary, Benjamin Barsky, Heather Ellis Cucolo, Dominic Sisti

Articles & Chapters

A patchwork of drug courts and other problem-solving courts currently exists to divert individuals with mental illness and substance use disorders away from the criminal justice system. We call for a broader implementation of problem-solving courts, particularly at the federal level, that would operate according to the principles of therapeutic jurisprudence (i.e., a framework that aims to maximize the health benefits of judicial and legislative policies and practices). Expanding federal problem-solving courts will better serve individuals with mental illness and substance use disorders in the federal criminal justice system and allow them to benefit from rehabilitation and diversion programs. This …


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana Mar 2021

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.


Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins Jan 2021

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 Jan 2021

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 …


Cyberspace Back To The Classroom: Taking Lessons Learned From Teaching Street Law During The Pandemic Back To In-Person Instruction, Amy Wallace Jan 2021

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 …


Counterbalancing Teen Reliance On Social Media News: The Importance Of Using Street Law Methodology To Teach About Current Events, Amy Wallace Jan 2021

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. …


Women Lawyers For Social Causes, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok Jan 2021

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 …


“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 Jan 2021

“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 Jan 2021

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.


United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen Jan 2021

United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen

Articles & Chapters

No abstract provided.


The Year 2020 In Review: Editor's Note, Lisa Grumet Jan 2021

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 Jan 2021

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.


Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews Jan 2021

Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews

Articles & Chapters

This chapter will focus on the contribution of female judges to the transformation of the judiciary in South Africa and specifically the pursuit of gender equality. It is a limited project that will explore the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system in South Africa after apartheid. In examining the impact of women judges on constitutional jurisprudence with respect to gender equality, I explore whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its …


Creativity, Content, And Community In Evidence Online, Lynn Su Jan 2021

Creativity, Content, And Community In Evidence Online, Lynn Su

Articles & Chapters

No abstract provided.


Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown Jan 2021

Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown

Articles & Chapters

No abstract provided.