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Articles 1 - 22 of 22
Full-Text Articles in Law
The Rhetoric Of Choice: Restoring Healthcare To The Abortion Right, Yvonne F. Lindgren
The Rhetoric Of Choice: Restoring Healthcare To The Abortion Right, Yvonne F. Lindgren
Faculty Works
In 1973 the Supreme Court in Roe v. Wade both identified a constitutional right of abortion and asserted that, “the abortion decision in all its aspects is inherently, and primarily, a medical decision” to be made in consultation with a “responsible physician.” The Court thereby vested in doctors, instead of exclusively in women, the discretion to make the abortion decision. The Roe Court’s accommodation of the “medical model” of abortion reform was criticized for subordinating women’s constitutional rights to the judgment of their doctors. Since that time, the Court’s analysis has shifted to identify abortion exclusively as a right of …
Justice Scalia's Truthiness And The Virtues Of Judicial Candor, Allen K. Rostron
Justice Scalia's Truthiness And The Virtues Of Judicial Candor, Allen K. Rostron
Faculty Works
Antonin Scalia is by far the Supreme Court’s greatest wit and most colorful personality. His judicial opinions are also remarkably passionate and frank. He has received intense criticism for supposedly being “too political” in some of his opinions, such as his scorching dissent in last year’s case about Arizona laws aimed at illegal immigrants or his bitter denunciation of the Court’s last major ruling on the detention of suspected terrorists. But what purpose is really served by judges hiding their motivations behind a false veneer of detachment and stilted formalism? Scalia can be so refreshingly candid in his judicial work …
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
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A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …
How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson
How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson
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This article deals with Tax Increment Financing (TIF), which is a popular economic development tool. TIF borrows against future tax revenues to subsidize current development projects. In Illinois, this economic development tool is justified by its promise to expand the local tax base: by increasing tax revenues, increasing the number of tax payers or increasing the number of taxable properties in the area. However, it is not clear that TIF delivers on its promise. A new dataset, which is introduced in this article, helps to clarify the issue. It does so by providing information about the number of TIF Districts …
Out Of The Shadows: What Legal Research Instruction Reveals About Incorporating Skills Throughout The Curriculum, Barbara Glesner Fines
Out Of The Shadows: What Legal Research Instruction Reveals About Incorporating Skills Throughout The Curriculum, Barbara Glesner Fines
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No abstract provided.
A Content Analysis Of Protective Factors Within States' Antibullying Laws, Lori M. Weaver, James R. Brown, Daniel B. Weddle, Matthew C. Aalsma
A Content Analysis Of Protective Factors Within States' Antibullying Laws, Lori M. Weaver, James R. Brown, Daniel B. Weddle, Matthew C. Aalsma
Faculty Works
No abstract provided.
Unique Coverage Issues In Flood Losses, Wayne D. Taylor, Arthur J. Park, Sean O'Brien
Unique Coverage Issues In Flood Losses, Wayne D. Taylor, Arthur J. Park, Sean O'Brien
Faculty Works
No abstract provided.
The Mugshot Industry: Freedom Of Speech, Rights Of Publicity, And The Controversy Sparked By An Unusual New Type Of Business, Allen K. Rostron
The Mugshot Industry: Freedom Of Speech, Rights Of Publicity, And The Controversy Sparked By An Unusual New Type Of Business, Allen K. Rostron
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Many companies profit from the dissemination of mugshot photos, whether online or in print. This new type of business arouses strong feelings , with critics charging that it amounts to a form of blackmail, while the mugshot companies contend that they provide a beneficial public service protected by freedom of speech. In this article, I begin the process of exploring the difficult legal questions surrounding mugshot businesses. In my view, people targeted by businesses like BlabberMouth have a viable theory under which to seek legal relief, but a line must be carefully drawn between businesses that merely profit by reproducing …
Why Police Learn From Third-Party Data, Randall K. Johnson
Why Police Learn From Third-Party Data, Randall K. Johnson
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This essay argues that third-party data collection, particularly of administrative complaints and departmental audit information, holds greater promise than lawsuit data collection. It does so by asserting that third-party data collection is more useful for three reasons. First, third-party data collection prevents manipulation by individual police officers and law enforcement agencies. Second, it assures that police behavioral trends are actually identified. Lastly, third-party data collection helps to deter published § 1983 cases. The essay, however, only models and tests the final claim.
Pragmatism, Paternalism, And The Constitutional Protection Of Commercial Speech, Allen K. Rostron
Pragmatism, Paternalism, And The Constitutional Protection Of Commercial Speech, Allen K. Rostron
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Two key perspectives have emerged in the Supreme Court’s decisions about First Amendment protection of commercial speech. The anti-paternalism view, originally embraced by the Court’s most liberal members but now advanced by Clarence Thomas, holds that the government has only a narrow interest in preventing false advertising. To the extent that commercial speech is not fraudulent or misleading, the government must simply let people hear it and decide for themselves whether they find it persuasive. Other judges argue that courts need to be more pragmatic about the effects of advertising and more deferential to government attempts to promote public health …
You'd Be Okay If You Weren't So Gay: Ending The Special Treatment Of Lgbt Students Under Title Ix, Daniel B. Weddle
You'd Be Okay If You Weren't So Gay: Ending The Special Treatment Of Lgbt Students Under Title Ix, Daniel B. Weddle
Faculty Works
No abstract provided.
Cruel Curriculum: Peer-On-Peer Abuse In Law Schools, Jeff Traiger, Daniel B. Weddle
Cruel Curriculum: Peer-On-Peer Abuse In Law Schools, Jeff Traiger, Daniel B. Weddle
Faculty Works
No abstract provided.
Intellectual Seriousness And The First Amendment's Protection Of Free Speech For Students, Allen K. Rostron
Intellectual Seriousness And The First Amendment's Protection Of Free Speech For Students, Allen K. Rostron
Faculty Works
Constitutional protection of student speech has been a mixed blessing. There is still something quite inspiring about the notion that young people have worthwhile thoughts to share, and that the Constitution guarantees their right to do so. At the same time, courts have struggled to figure out what limits on student expression should be permitted, and much of the litigation has involved student speech that is disappointingly mindless. The Supreme Court’s seminal ruling in Tinker v. Des Moines Independent Community School District concerned students who wore armbands to express a serious message about an important national issue. Judges and school …
Understanding Financial Derivatives, Timothy E. Lynch
Understanding Financial Derivatives, Timothy E. Lynch
Faculty Works
Derivatives are commonly defined as some variation of the following: a financial instrument whose value is derived from the performance of a secondary source such as an underlying bond, commodity or index. But this definition is both over-inclusive and under-inclusive. Thus, not surprisingly, derivatives are largely misunderstood, including by many policy makers, regulators and legal analysts. It is important for interested parties such as policy makers to understand derivatives, because the types and uses of derivatives have exploded in the last few decades, and because these financial instruments can provide both social benefits and cause social harms. This Article presents …
The Connected Lawyer: The Evolving 'Operating System' Of The Networked Professional, Patrick C. Brayer
The Connected Lawyer: The Evolving 'Operating System' Of The Networked Professional, Patrick C. Brayer
Faculty Works
The legal profession must prepare for generations of networked law students and attorneys who demand interaction with a professional system in the same way they experience connection in their social system. As technology evolves, new professionals will expect more autonomy and control over their interactions. The central thesis of this Essay is that technology allows greater control of an individual’s professional interactions, and this control can provide a benefit, but devices of connection can also serve as a barrier to the authentic experiences that provide professional learning and innovation.
To Return From Where We Started: Revisioning Of Property, Land Use, Economy, And Regulation In America, John W. Ragsdale Jr
To Return From Where We Started: Revisioning Of Property, Land Use, Economy, And Regulation In America, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Introduction To Gathering At The Schoolhouse Gate, Steven M. Brown, Daniel B. Weddle
Introduction To Gathering At The Schoolhouse Gate, Steven M. Brown, Daniel B. Weddle
Faculty Works
No abstract provided.
Deconstructing Antisocial Personality Disorder And Psychopathy: Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean O'Brien
Deconstructing Antisocial Personality Disorder And Psychopathy: Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean O'Brien
Faculty Works
Prejudicial psychiatric labels such as antisocial personality disorder and psychopathy have an inherently prejudicial effect on courts and juries, particularly in cases involving the death penalty. This article explains how and why these labels are inherently aggravating, and also discusses the mental health literature indicating that they are subjective, unreliable and non-scientific. The authors conclude that no competent defense lawyer would pursue a mitigation case based on such a damaging and scientifically questionable psychiatric label. Further, a proper life history investigation conducted in accordance with the ABA Guidelines on the Appointment and Performance of Defense Counsel in Death Penalty Cases …
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Faculty Works
When the Supreme Court hears arguments this fall about the constitutionality of affirmative action policies at the University of Texas, attention will be focused once again on Justice Anthony Kennedy. With the rest of the Court split between a bloc of four reliably liberal jurists and an equally solid cadre of four conservatives, the spotlight regularly falls on Kennedy, the swing voter that each side in every closely divided and ideologically charged case desperately hopes to attract. Critics condemn Kennedy for having an unprincipled, capricious, and self-aggrandizing style of decision-making. Though he is often decisive in the sense of casting …
Financial Alchemy: How Tax Shelter Promoters Use Financial Products To Bedevil The Irs (And How The Irs Helps Them), Del C. Wright Jr.
Financial Alchemy: How Tax Shelter Promoters Use Financial Products To Bedevil The Irs (And How The Irs Helps Them), Del C. Wright Jr.
Faculty Works
In 2012, taxpayers who participated in the Son of Boss tax shelter received a $1 billion windfall from the government, based on the U.S. Supreme Court ruling in United States v. Home Concrete & Supply, LLC (“Home Concrete”). In the last ten years, by the Internal Revenue Service’s (“IRS”) own estimate, Son of Boss generated over $6 billion in improper tax benefits. While many taxpayers who participated in the Son of Bosstransaction settled their cases with the IRS, the effect of entering into the transaction was often a net positive for those who settled. Among those who chose not to …
Asking The First Question: Reframing Bivens After Minneci, Alexander A. Reinert, Lumen N. Mulligan
Asking The First Question: Reframing Bivens After Minneci, Alexander A. Reinert, Lumen N. Mulligan
Faculty Works
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Federal Narcotics Agents suit against employees of a privately run federal prison because state tort law provided an alternative remedy, thereby adding a federalism twist to what had been strictly a separation-of-powers debate. In this Article, we show why this new state-law focus is misguided. We first trace the Court’s prior alternative-remedies-to-Bivens holdings, illustrating that this history is one narrowly focused on separation of powers at the federal level. Minneci’s break with this tradition raises several concerns. On a doctrinal level, …
Multicultural Issues In Family Law: An Annotated Bibliography, Nancy Levit
Multicultural Issues In Family Law: An Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2009. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.