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Full-Text Articles in Law

Painting A Moving Train: Adding ‘Postmodern’ To The Taxonomy Of The Law, Adam Todd Oct 2008

Painting A Moving Train: Adding ‘Postmodern’ To The Taxonomy Of The Law, Adam Todd

School of Law Faculty Publications

This article proposes that certain laws or forms of law can be characterized as postmodern because they, like their counterparts in literature or architecture, share similar attributes. Consistent with postmodernism's rejection of modernism, these laws appear to defy the modernist attributes of unitary core principles or singular meaning and stasis. Instead, these postmodern laws are: fragmentary, decentralized, uncertain and allow a multiplicity of interpretations; they reject master-narratives and embrace paradox; they are grounded or rooted in daily life; and are also connected to the internet, cyber-space and high technology.

The identification and characterization of certain laws as postmodern have ...


The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister Jul 2008

The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii's experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.

The Article begins with a general and historical overview of the grand jury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy rationales underlying the need for grand jury autonomy; Part V recommends the ...


Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz Jan 2008

Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz

School of Law Faculty Publications

This article analyzes five forces that may raise the risk of convicting the innocent based upon the suspect's race: the selection, ratchet, procedural justice, bystanders, and aggressive-suspicion effects. In other words, subconscious forces press police to focus more attention on racial minorites, the ratchet makes this focus every-increasing, the resulting sense by the community of unfair treatment raises its involvment in crime while lowering its willingness to aid the police in resisting crime, innocent persons suffer when their skin color becomes associated with criminality, and the police use more aggressive techniques on racial minorities in a way that raises ...


Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer Jan 2008

Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer

School of Law Faculty Publications

Although the seeds of democracy and democratic tort reform were sown well before America’s founding, neither began to blossom until after the Second World War. Democratic progress from the 1950s to the 1970s led to, and was in part consolidated by, progressive developments in tort law during the same period. Unfortunately, the last quarter century has been a period of democratic decay in America and just as the revolution in tort law was bound up with democratic progress, the counter-revolution in tort law has tracked and reinforced the waning of American democracy since the 1980s. Although a few authors ...


Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox Jan 2008

Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox

School of Law Faculty Publications

Traditionally understood, a congressional grant of federal subject matter jurisdiction alone does not confer authority on a federal court to hear a case; a party to the case must also affirmatively invoke the applicable jurisdictional ground. In a sharp break from this traditional understanding, federal courts have recently begun to exercise jurisdiction over cases based on jurisdictional grounds no party has invoked. Courts adopting this practice have concluded that a district court must retain removed cases that meet the requirements of a congressionally-authorized ground of subject matter jurisdiction even when an arguably antecedent requirement - party invocation of that jurisdictional ground ...