Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 1936-2016 (1)
- Access (1)
- African-American lawyers (1)
- Antonin (1)
- Appellate process (1)
-
- Arbitration (1)
- Autonomy (1)
- Bernie Becker (1)
- Biomedical ethics (1)
- Civil justice reform (1)
- Civil rights (1)
- Concilliation court (1)
- Courtroom technology (1)
- Courts (1)
- Discovery (1)
- Diversity (1)
- Dormant commerce clause (1)
- Empirical (1)
- Employment law (1)
- Euthanasia (1)
- Exclusionary zoning (1)
- Federalism (1)
- Feminist (1)
- Free markets (1)
- Gender discrimination (1)
- Group residences (1)
- Healthcare (1)
- Homosexual (1)
- Inequality (1)
- Interstate commerce (1)
Articles 1 - 13 of 13
Full-Text Articles in Law
A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch
A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch
Faculty Scholarship
This essay asserts that incorporation of the public's interests in lawyers' daily work is an essential responsibility of the profession. The Preamble to the Model Rules of Professional Conduct frames this lawyers' duty as that of a "public citizen having special responsibility for the quality of justice." Yet the modem legal profession has reduced "public interest" practice to work that is done for no or almost no fee. The transformation of lawyer from public citizen to servant of mostly private interests has taken place over the last thirty-five years, following the legal profession's embrace of pro bono work by volunteer …
Forum, Federalism, And Free Markets: An Empirical Study Of Judicial Behavior Under The Dormant Commerce Clause Doctrine, Mehmet K. Konar-Steenberg, Anne F. Peterson
Forum, Federalism, And Free Markets: An Empirical Study Of Judicial Behavior Under The Dormant Commerce Clause Doctrine, Mehmet K. Konar-Steenberg, Anne F. Peterson
Faculty Scholarship
This study examines judicial behavior under the dormant Commerce Clause doctrine by drawing on an original database of 459 state and Federal appellate cases decided between 1970 and 2009. The authors use logit regression to show that state judges are more likely to uphold state and local laws against dormant Commerce Clause attack than their Federal judicial counterparts, a result that is consistent with the interstate rivalry issues animating the doctrine. The study also finds that Republican-dominated judicial panels at the state level are more likely to side with tax challengers invoking the dormant Commerce Clause doctrine than are Democratic …
Foreword: Poverty Law Issue, Ann Juergens
Foreword: Poverty Law Issue, Ann Juergens
Faculty Scholarship
This Poverty Law Issue provides testimony as to why and how the legal profession, the government, and society can better provide justice for people of small means. Overall, this Poverty Law Issue contributes to understanding how we may ensure that the difficulty of poverty borne by our fellow citizens does not become compounded by injustice. For when justice is compromised for one group, its integrity as a whole may rightly be questioned.
Counting The Dragon's Teeth And Claws: The Definition Of Hard Paternalism, Thaddeus Mason Pope
Counting The Dragon's Teeth And Claws: The Definition Of Hard Paternalism, Thaddeus Mason Pope
Faculty Scholarship
n his classic 1897 essay, The Path of the Law, Oliver Wendell Holmes Jr. warned against blind imitation of the past and called for "enlightened skepticism" toward the law. He described the first step of this critical examination as getting "the dragon out of his cave and on to the plain and in the daylight" so that "you can count his teeth and claws and see just what is his strength." Over the past thirty years, disagreements over the appropriate definition of "paternalism" have often masked further disputes over the circumstances under which the restriction of substantially autonomous self-regarding conduct …
Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger
Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger
Faculty Scholarship
The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his …
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Faculty Scholarship
The Minnesota Court of Appeals is dedicated to providingaffordable access to the appellate process. Access to theappellate process is central to our vision. In order to promote this vision, the Minnesota Court ofAppeals has taken the initiative to implement Interactive VideoTeleconferencing ("IVT"). This essay will discuss the historybehind this decision, the mechanics of its implementation, andthe benefits and challenges of its application to the appellateprocess.
Civil Justice Reform Symposium: Introduction, James F. Hogg
Civil Justice Reform Symposium: Introduction, James F. Hogg
Faculty Scholarship
Many people in the United States are not happy about the way in which litigation proceeds. In a country sometimes thought to be overpopulated with lawyers, either one party or both parties in a significant percentage of civil cases apparently cannot afford, or decline to retain, legal counsel. Financing for legal aid seems to be less than adequate, pro bono services are helping to some extent, but the administration of civil justice is in danger of sinking in the swamp of pro se ("do-it-yourself') litigation. The articles in this symposium discuss ideas for reform, such as introductory resources directed at …
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
Faculty Scholarship
This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Faculty Scholarship
This article argues that the proper starting point is to provide protection for gay men and lesbians against discrimination and harassment. Until there is such protection, any attempt to use Title VII to regulate same-sex sexual harassment will intensify the privileging of one kind of same-sex interaction over another: straight subordinates will be protected from gay supervisors, while gay subordinates will not be protected from straight supervisors. The result will be increased tolerance not for expressions of gay and lesbian sexuality, but for expressions of heterosexism and homophobia in the workplace. Part I of this article examines the development of …
A Memorial To Bernie Becker, Eric S. Janus
A Memorial To Bernie Becker, Eric S. Janus
Faculty Scholarship
A tribute to Bernie Becker, lawyer and proponent for the Legal Aid society.
Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen
Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen
Faculty Scholarship
A surrogate decision maker may conclude that efforts to mechanically provide liquid nourishment would cause considerable suffering in return for little gain. But such a decision is unquestionably one that can produce great conflict for families and for medical caregivers. Assessment must be made of each patient's situation and of the benefits and burdens that will result if tube feeding is withheld or withdrawn. It may well be, however, that in some cases, the most humane and compassionate treatment for a patient is the withdrawal of all technological interventions, including those that supply nourishment.
Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann
Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann
Faculty Scholarship
Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …