Law Commons^™

Employers Beware: South Carolina's Public Policy Exception To The At-Will Employment Doctrine Is Likely To Keep Expanding, Melanie Robin Galberry

South Carolina Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Is Leaving Work To Obtain Safety "Good Cause" To Leave Employment?—Providing Unemployment Insurance To Victims Of Domestic Violence In Washington State, L'Nayim A. Shuman-Austin

Seattle University Law Review

This paper focuses on the unemployment compensation statutes, administrative law decisions, and the case law of Washington state and proposes that domestic violence creates involuntary unemployment and should, therefore, be considered a compelling good cause situation for provision of unemployment compensation benefits. Title 50 of the Revised Code of Washington, which provides the structure and provisions of unemployment compensation eligibility, should be liberally construed by agency officials and courts or amended so as to provide unemployment compensation benefits to victims of domestic violence who leave work to obtain safety.

Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard

Seattle University Law Review

Having recognized that there can be both therapeutic and antitherapeutic effects of judicial decisions, I would like to offer this consideration concerning the use of therapeutic jurisprudence in the appellate courts. In his Article, Therapeutic Jurisprudence in the Appellate Arena, David Wexler asks, "Does the ability to issue advisory opinions enhance a court's ability to create 'therapeutic' doctrines?" As a general rule, courts are not allowed to issue advisory opinions and there are strong reasons for such a prohibition.

Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch

Seattle University Law Review

The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience …

Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli

Seattle University Law Review

First, this Article will discuss schizophrenia and its impact on these individuals and their families. Family variables in the course of the disorder will be highlighted. Then, this Article will review the legal power afforded such families by ex parte provisions in civil commitment statutes using the involuntary examination portion of the Florida mental health code as a model. Finally, this Article will assess this system of civil commitment available to care-giving families in therapeutic jurisprudential terms, with recommendations for maximizing the therapeutic consequences and minimizing the antitherapeutic consequences of ex parte procedures.

Courts, Statutes, And Public Policy: The Case Of The Murderous Heir, Daniel A. Farber

SMU Law Review

No abstract provided.

Global Economy, Lean Budgets, And Public Needs, Matthias Herdegen

SMU Law Review

No abstract provided.

Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel

University of Richmond Law Review

I start from the rather obvious proposition that in recent years the American public has placed a high value on the right of privacy. This general commitment to privacy was what kept Robert Bork, despite his qualifications, off the Supreme Court, and more recently it was what kept William Clinton, despite his behavior, in the White House. Bork's nomination was a threat to the constitutional right to use contraceptives and to choose abortion, while the impeachment charges against Clinton were a threat to the moral distinction between public political life and private sexual behavior. The power that the idea of …

Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler

University of Richmond Law Review

The phrase "opening the floodgates of litigation" connotes a pejorative meaning in American legal argument. Most often, it is used by courts as a reason not to allow a certain case to proceed for fear that it would overburden both courts and society with a new class of lawsuits.

Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love

Articles

This article examines the unique components of dialogue between disputing parties that mediators extract and reframe to move the discussion forward. The same components provide the building blocks of the discussion agenda and the framework of the mediation agreement. The article suggests a number of teaching strategies for training mediators to listen effectively and proactively.

Foreword: The Many Passions Of Teaching Corporations, Charles R.T. O'Kelley

Scholarly Works

This Symposium belies such skeptical views of the Corporations course and those of us who teach it. The 1999 Teaching Corporate Law Conference was organized around teachers' self-identified passions in teaching Corporations--the themes, insights, skills or puzzles about which they are most intrigued or enthused. Thirty-seven professors made presentations at the Conference; twenty-eight have converted their presentations into the essays in this Symposium edition, which have been grouped substantively rather than in the exact order presented at the Conference.

Delaware Corporation Law And Transaction Cost Engineering, Charles R.T. O'Kelley

Scholarly Works

I have a passionate belief that a very good way to teach Corporations is to structure the course around a core goal--to teach Delaware corporate law systematically--not just bits and pieces of it, but the entire system, much the way we approach the teaching of constitutional law. This Essay is an elaboration of my reasoning and strategies, organized as a presentation and discussion of the core rationales for organizing the course in this way. The first justification flows axiomatically from the following proposition: we create value for many of our students, and harm none, by giving them an opportunity to …

Law And Values In Governance: The Singapore Way, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The article examines the role of law and the legal system in catalysing Singapore's development success. It argues that there is a dichotomy in the approach with regard to commercial law and law relating to individual freedom and rights and civil society. Universalism characterises the treatment of commercial laws while cultural relativism and a communitarian-based understanding of rights and obligations are features of the law relating to the rights of the individual. Instrumentalism, driven by a particularistic 'communitarian' political philosophy underpinned by strong Confucianist values, is very much motivated by the need for good governance as a prerequisite for economic …

Tribal Law As Indigenous Social Reality And Separate Consciousness [Re]Incorporating Customs And Traditions Into Tribal Law, Christine Zuni Cruz

Tribal Law Journal

Tribal Law as Indigenous Social Reality and Separate Consciousness-[Re]Incorporating Customs and Traditions into Tribal Law by Christine Zuni Cruz explores the reflection of traditional legal concepts and values in enacted laws of indigenous nations. The premise of this article is that "an indigenous nation's sovereignty is strengthened if its law is based upon its own internalized values and norms." Zuni-Cruz's article questions the impact of enacted western laws on indigenous communities' people and culture.

Means V. District Court Of The Chinle Judicial District And The Hadane Doctrine In Navajo Criminal Law, Paul Spruhan

Tribal Law Journal

This case note analyzes the Navajo Nation's application of traditional law concepts in order to find criminal jurisdiction to prosecute a non-member Indian in Means v. District Court. The author examines this use in light of the Supreme Court's decision in Duro v. Reina.

Introduction To New Mexico Tribal Court Handbook, Tribal Law Journal Staff

Tribal Law Journal

These handbooks are intended to help attorneys and advocates become more aware of the various individual tribal court systems and their rules and protocol.

Reinvigorating Chapter 11: The Case For Reinstating The Stock-For-Debt Exception In Bankruptcy, Michelle A. Cecil

Faculty Publications

This Article suggests that such a proposal will harmonize the bankruptcy policy of rehabilitating financially distressed corporations with the tax policy of ensuring that true economic income is subject to federal income taxation.27 Parts II and III of this Article will trace the common law evolution of the stock-for-debt exception and its statutory codification in 1980, with particular emphasis on the stated policy justifications for the exception. Part IV will then examine the history of the repeal of the stock-for-debt exception, demonstrating that the repeal was the result of hasty political maneuvering rather than reasoned legislative decision-making. In Part V, …

Silencing John Doe: Defamation And Discourse In Cyberspace, Lyrissa Lidsky

Faculty Publications

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons — some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat …

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman

Faculty Publications

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …

A Generation Spent Studying The U.S. Courts Of Appeals: A Chronology, Thomas E. Baker

Faculty Publications

No abstract provided.

Right Result, Wrong Reasons: Reno V. Condon, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

[1999 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Peter H.F. Bekker, Mark B. Rees

Journal Articles

The most significant developments in 1999 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, the Claims Resolution Tribunal for Dormant Accounts in Switzerland, and the International Commission on Holocaust Era Insurance Claims. Other significant developments relating to the creation of the permanent International Criminal Court, the International Criminal Tribunal for former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Tribunal for the Law of the Sea, and the World Trade Organization Dispute Settlement Mechanism are detailed in other reports in this …

The Un, Nato, And International Law After Kosovo, Mary Ellen O'Connell

Journal Articles

NATO's decision on 13 October 1998 to use force in Yugoslavia and its subsequent use of force beginning on 24 March 1999 were inconsistent with both the explicit terms of the United Nations Charter and Security Council practice. Most of NATO's member states have argued that the situation was exceptional and should have no bearing on the future need for Security Council authorization. Not so the United States; US officials have not spoken of an exception. Several high-ranking officials of the Clinton Administration have stated that they do not recognize the necessity for Security Council authorization when NATO takes enforcement …

Back To The Future, Gerard V. Bradley

Journal Articles

President's Page

Bradley reveals the wrongness of the criticism of Ex Corde Ecclesia.

Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer

Journal Articles

But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers and lawyers …

The Basic Law: A Fifty Year Assessment, Donald P. Kommers

Journal Articles

In 1949 the new German Basic Law raised many questions. Could a newly minted constitution-mere words on paper-breathe new life into a people devastated by war? Would it serve as a stable framework of government? Would it promote respect for human rights and popular government? Would it foster internal political unity? Half a century later all these questions can be answered in the affirmative. The Basic Law is one of the world’s most respected and imitated constitutions and it has emerged as the vital center of Germany's constitutional culture. It is invoked repeatedly in parliamentary debates and resorted to in …

A Comparative Constitutional Law Canon, Donald P. Kommers, John E. Finn

Journal Articles

The article discusses what types of legal cases constitute a “canon” on American constitutional theory and comparative constitutional law, examples of case law that illustrate important developments in the two subjects. It describes the process taken by the article's authors to select a small sampling of 90 “canon” cases for their course book on American constitutional law, which is designed for the academic community and for undergraduate students enrolled in a traditional liberal arts curriculum.

More's Skill, Thomas L. Shaffer

Journal Articles

Robert Bolt chose a phrase from a sixteenth century poet named Robert Whittinton for the title of his modem play about Thomas More: "[A] man of an angel's wit and singular learning; I know not his fellow. For where is the man of that gentleness, lowliness, and affability? And as time requireth a man of marvellous mirth and pastimes; and sometimes of as sad gravity: a man for all seasons."

Bolt's title suggests that he took a gamble on the possibility that More would have modern, universal appeal. I have been interested in how that gamble worked out. If you …

Civil Rights And Human Rights: A Call For Closer Collaboration, Douglass Cassel

Journal Articles

Those of you who may be familiar with my commentaries know that my usual topics are mass murderers overseas or U.S. foreign policy toward them. Today, however, I would like to focus on something closer to home-the history of and prospects for fruitful collaboration between the civil rights movement and the international human rights movement. My purpose is to encourage dialogue between civil rights and human rights lawyers. As a sometime civil rights lawyer myself, I am convinced that such a dialogue could be productive.

We might start by distinguishing human rights from civil rights. In customary American usage, the …