Law Commons^™

Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Cutting Science, Ecology, And Transparency Out Of National Forest Management: How The Bush Administration Uses The Judicial System To Weaken Environmental Laws, William Snape Iii

Articles in Law Reviews & Other Academic Journals

No abstract provided.

El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Mental Health And Incarceration: What A Bad Combination, Olinda Moyd

Articles in Law Reviews & Other Academic Journals

The District of Columbia has one of the highest per capita incarceration and criminal justice supervision rates in the United States1 and among the highest in the world. The local prison population has risen dramatically over the past decade for a variety of reasons including increased rates of re-incarceration for parole violations and the imposition of longer sentences for drug offenses. Recent acts of Congress have seriously impacted the sentencing laws in the District including determination of where persons sentenced for violating local D.C. laws will serve such sentences. On August 5, 1997, President Clinton signed into law The National …

Battering, Forgiveness And Redemption, Brenda V. Smith

Project on Addressing Prison Rape - Articles

While there has been some acknowledgement that battered women kill, there has been less acceptance that battered women may have been arrested for some other offense. Can those fallible women be “forgiven” for their offenses and allowed to receive the community affirmation, validation, social services, and protection that other battered women receive? This Article focuses on a topic that, though discussed, has frequently been dismissed in the domestic violence discourse; battered women’s forgiveness of their batterers and battered women’s process of forgiving themselves for participating in the relationship.

Watching You, Watching Me, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article addresses these arguments and ultimately concludes that same-sex supervision should be adopted in U.S. prisons in supervising both male and female prisoners. First, while same-sex supervision may not prevent sexual misconduct, it may reduce it by cutting off a primary vector of sexual misconduct-cross-gender interactions between staff and inmates. Second, same-sex supervision may increase prisoner well-being by giving prisoners a greater sense of control over their bodies, thereby reducing their sense of vulnerability to abuse. Finally, adopting same-sex supervision policies would make the United States' position more congruent with international standards for the treatment of prisoners.

Private Law Making, David Snyder

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This article argues that a significant amount of law is privately made and suggests that privately made law should be subjected to the same kinds of questioning as publicly made law, considering in the end whether privately made law might be considered "molecular federalism." Private lawmaking, through which one private group makes rules that govern much larger groups, extends well beyond the boundaries of relatively well-known examples of private legislatures like the American Law Institute and the Uniform Law Commissioners. The phenomenon includes the practical ability of private entities to make law governing many kinds of corporate, commercial, and consumer …

Feminist Inquiry And Action: Introduction To A Symposium On Confronting Domestic Violence And Achieving Gender Equality: Evaluating Battered Women & Feminist Lawmakingby Elizabeth Schneider, Ann Shalleck

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No abstract provided.

Battering, Forgiveness And Redemption, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This Article focuses on a topic that, though frequently discussed, has been dismissed in the domestic violence discourse - forgiveness. The author draws upon personal narrative to frame the challenge of forgiveness. The article explores forgiveness - for domestic violence survivors, for batterers, and for communities - through a personal lens and drawing upon mediation, restorative justice and indigenous peace and reconciliation models. The article concludes that exploration and embrace of models that address forgiveness and reconciliation are overdue and would contribute greatly to practice and discourse on domestic violence.

Carriers Of Globalization: Loss Of Home And Self Within The African Diaspora, Camille Nelson

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This article deals with the tension of “returnees” and how that tension reflects the distribution of resources in globalization through the context of Jamaica. Returnees are often citizens who leave Jamaica in order to take advantage of economic opportunity or to create upward social mobility not presently available to them in their homeland. Returnees maintain connections with family and friends with the desire and purpose to one day return. However, many returnees have been subjected to violent attacks upon returning to their homeland. Returnees in a sense become carriers of globalization, and their return to their homeland signals the very …

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

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For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

Competitive Price Discrimination: The Exercise Of Market Power Without Anticompetitive Effects (Comment On Klein And Wiley), Jonathan Baker

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A firm that discriminates in prices faces a downward sloping demand curve, and thus could potentially raise price by reducing output. For this reason, evidence of price discrimination is relevant to assessing the possibility of market power, as antitrust law has long recognized. But price discrimination can be beneficial as well as harmful, and can reasonably be termed competitive if entry is easy. Hence a demonstration that entry is easy rebuts the inference of anticompetitive effect when price discrimination is the basis for proof of market power, breaking the link between market power and anticompetitive effect. Klein and Wiley's proposal …

Ending Marriage As We Know It, Nancy Polikoff

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No abstract provided.

The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft

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Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times during the …

International Law Issues In Death Penalty Defense, Richard J. Wilson

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No abstract provided.

Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David Snyder

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No abstract provided.

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil

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No abstract provided.

Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher

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No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

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No abstract provided.

The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions - Proceedings, Brenda V. Smith

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Now, you would think that I was as old as dirt after listening to that introduction. Well, the truth is, I am as old as dirt. And I told Paul Quander that we are both as old as dirt.

First, I want to thank Arlene for inviting me. Many, many months ago Arlene called and asked me if I would speak at this symposium on mental health in correctional institutions.

Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams

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No abstract provided.

Democrativ Principles And Separatist Claims: A Response And Further Inquiry, Diane Orentlicher

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Donald Horowitz has grounds for concern about legal innovations that may provide fresh inspiration to separatist movements. It is baffling, however, that he attributes proseparatist views to me. I will try here to clarify the principal sources of misunderstanding and hope, along the way, to deepen our consideration of issues that are well worth further exploration.

International Responses To Separatist Claims: Are Democratic Principles Relevant?, Diane Orentlicher

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Although a perennial feature of global politics, separatist movements had scant prospect of success for nearly half a century after World War II. And so the recent proliferation of new states has shattered settled expectations. In the 1990s, Yugoslavia fractured into five states, the Soviet Union split into fifteen, Eritrea separated from Ethiopia, Czechoslovakia divided into the Czech Republic and Slovakia, and East Timor won independence from Indonesia. The success of breakaway movements from Slovenia to Eritrea has given new impetus to a raft of other separatists across the globe. And small wonder: the surge in state making in the …

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan Carle

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Book Review of DONALD NICOLSON & JULIAN WEBB, PROFESSIONAL LEGAL ETHICS: CRITICAL INTERROGATIONS, Oxford University Press, 1999. Pp. 292.

Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams

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There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements. To date, the "sovereignty first" international response to these conflicts has been unable to stem the tide of violence, and in many instances may have contributed to further outbreaks of violence. This article will argue that the "sovereignty first" doctrine is slowly being supplemented by a new conflict resolution approach which we dub "earned sovereignty."

Responding To Developments In Economics And The Courts: Entry In The Merger Guidelines, Jonathan Baker

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No abstract provided.

Legal Interviewing And Counseling: An Introduction, Ann Shalleck, Robert Dinerstein, Stephen Ellmann, Isabelle Gunning

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n this article, the authors, who are writing their own textbook on interviewing and counseling, reflect on the ways in which Gary Bel­low & Bea Mou/ton's groundbreaking textbook, The Lawyering Pro­cess, has shaped and is shaping their work. The authors include the introductory chapter of their forthcoming textbook interspersed with commentary on the influence of Bellow & Moulton on each of the primary themes through which their textbook will explore interview­ing and counseling: variations in the lawyer-client relationship, con­text, connection, ethics and theory-driven lawyering. This review allows them to evaluate, not only how deeply and pervasively the Bel­low & Moulton …

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

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Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …

The Role Of The United States Military Lawyer In Projecting A Vision Of The Laws Of War, Kenneth Anderson

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No abstract provided.

The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel

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No abstract provided.