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Articles 1 - 12 of 12
Full-Text Articles in Law
Exchange, Contract And Law In The Stone Age, Joseph Perillo
Exchange, Contract And Law In The Stone Age, Joseph Perillo
Faculty Scholarship
No abstract provided.
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Faculty Scholarship
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley
Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley
Faculty Scholarship
The growth of the alternative dispute resolution (ADR) movement has generated an increased interest in the study and practice of mediation as a nonadversarial method of conflict resolution. With mediation, individuals settle their disputes using a neutral third party who has no power to impose a settlement. Historically, mediation has been widely neglected in legal education, and-except for those involved in the labor field-lawyers have not practiced it. Recent gains in visibility have not necessarily resulted in widespread acceptance of mediation. In fact, mediation has even been openly resisted by some members of the legal profession.
Doe V. Grievance Committee: On The Interpretation Of Ethical Rules, Bruce A. Green
Doe V. Grievance Committee: On The Interpretation Of Ethical Rules, Bruce A. Green
Faculty Scholarship
No abstract provided.
Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson
Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson
Faculty Scholarship
Every litigator who remembers first year civil procedure knows that the personal jurisdiction1 of federal courts is limited by state territorial boundaries. That limitation, however, may soon disappear in federal question cases. A new rule of civil procedure, currently under consideration by the federal rulemakers, would provide for nationwide service of process in all federal question cases. The proposed rule would profoundly affect forum selection in the federal courts. This Note argues in favor of the adoption of the new Rule 4's nationwide personal jurisdiction provision. Not only would the new Rule 4 be a legitimate exercise of authority, but …
Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger
Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger
Faculty Scholarship
As a policy analysis, this article's central argument is that that the costs imposed by markets in licit psychoactives are significantly greater than those imposed by drug prohibition.
Foreword Report: Foreword, John D. Feerick, Cyrus Vance
Foreword Report: Foreword, John D. Feerick, Cyrus Vance
Faculty Scholarship
The last few years have been particularly bad for government integrity in New York. Since 1985, New York City has been rocked by a series of highly publicized scandals, arguably the worst since the days of Tammany Hall. One borough president was convicted of felonies; another committed suicide while under investigation; a congressman was recently convicted of bribery and extortion; former party chairmen in two boroughs were convicted of serious crimes; and a number of agency heads, judges, and lesser officials either have been convicted or forced to resign under a cloud of suspicion. And the City does not have …
There May Be Cracks In The Foundation: An Analysis Of Pennsylvania's Current Approach To Legislative Review Of Agency Rulemaking , Nicholas J. Johnson
There May Be Cracks In The Foundation: An Analysis Of Pennsylvania's Current Approach To Legislative Review Of Agency Rulemaking , Nicholas J. Johnson
Faculty Scholarship
As the legislative delegation of power to administrative agencies has grown over recent decades, so have calls for controls on agencies exercise of that power and particularly for controls on agency rulemaking. In response, various state legislatures have introduced a myriad of designs introducing legislative oversight and control over administrative regulations. Pennsylvania has joined these states by offering a means of legislative review of agency rulemaking in the form of the Regulatory Review Act of 1989 (Act 19). Pursuant to the Act, the Pennsylvania Legislature created an entity called the Independent Regulatory Review Commission and assigned to the Commission the …
The Uniform Rules On The Liability Of Operators Of Transport Terminals, Joseph Sweeney
The Uniform Rules On The Liability Of Operators Of Transport Terminals, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez
Bias Crimes: Unconscious Racism In The Prosecution Of Racially Motivated Violence, Tanya K. Hernandez
Faculty Scholarship
Within the past four years, a perceived surge of "bias crimes" has seized the nation's attention. Bias crimes, physical acts of violence used as an outlet for prejudiced hostilities, are usually street crimes spontaneously committed by casual clusters of "normal people on the street" with very little advanced planning. This Note focuses on the physical injuries to persons that result from bias crimes. Such physical injuries represent cog- nizable harms that can be redressed through criminal statutes.'
Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh
Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh
Faculty Scholarship
"New voices" of future lawyers are particularly important in the area of civil rights because racial problems are theirs to confront in the next decades. Teaching techniques developed by Paulo Freire have facilitated the enlistment of students in the racial struggle. By these techniques teachers, as well as students, learn through sharing, and students become active participants, rather than passive observers, in the learning process. The educational process, Freire counsels, ''must begin with the solution of the teacher-student contradiction, by reconciling the poles of the contradiction so that both are simultaneously teachers and students. In the fall of 1988, two …
Through A Glass, Darkly: How The Court Sees Motions To Disqualify Criminal Defense Lawyers , Bruce A. Green
Through A Glass, Darkly: How The Court Sees Motions To Disqualify Criminal Defense Lawyers , Bruce A. Green
Faculty Scholarship
Although raised frequently in the lower courts, the question of what the trial judge's role is in conflict-of-interest cases has, for nearly half a century, lurked in the background of the Supreme Court's decisions concerning the scope of a criminal defendant's right to the undivided loyalty of his attorney. Last term, as its conflict-of-interest jurisprudence reached middle age, the Court had the opportunity to articulate its views on that question. In Wheat v. United States, the Court held that a trial judge has discretion to disqualify defense counsel, even over the defendant's objection, if a serious possibility for a conflict …