Law Commons^™

I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin

Articles & Chapters

Olmstead v. L.C., 119 S. Ct. 2176 (1999), qualifiedly affirming a decision that the Americans with Disabilities Act entitled plaintiffs - residents of Georgia State Hospital - to treatment in an "integrated community setting" as opposed to an "unnecessarily segregated" state hospital, potentially has the capacity to transform and revolutionize institutional mental disability law. Whether that potential is realized depends on multiple factors, especially the extent to which courts, legislatures and the public are willing to confront the extent to which sanism (an irrational prejudice of the same quality and character of other irrational prejudices that cause and are reflected …

For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA), causes us to reconceptualize state policies that mandate that all defendants in four categories - those being evaluated for competency to stand trial, those found permanently incompetent to stand trial under the Supreme Court's decision in Jackson v. Indiana, 406 U.S. 715 (1972), those being evaluated for insanity, and those found not guilty by reason of insanity - be treated and housed in …

Johnny's In The Basement/Mixing Up His Medicine: Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Articles & Chapters

Clinical legal education is both more exhilarating and more stressful than "traditional" legal education. It forces students to confront their pre-existing assumptions about the practice of law and the representation of clients (frequently, indigent and marginalized individuals), and it similarly forces them to integrate new doctrine, theory, and practice in a very different way than "regular" law classes demand.

Therapeutic jurisprudence considers the role of the law as a therapeutic agent, and examines all aspects of the legal system in an effort to determine whether it is operating therapeutically or anti-therapeutically, and suggests that legal decision-makers consider the potential impact …

The Constitutional Court Provides Succour For Victims Of Domestic Violence - S V Baloyi, Penelope Andrews

Articles & Chapters

Focus - The Constitutional Court's 1999 Term

Landlord-Tenant Court In New York City At The Turn Of The Nineteenth Century, Richard H. Chused

Articles & Chapters

No abstract provided.

A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews

Articles & Chapters

An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.

2000-2001 Juris Doctorate Candidates Of The School Of Law, University Of Alabama School Of Law

Juris Doctorate Candidates of the School of Law

No abstract provided.

Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman

Articles & Chapters

This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …

Insider Guaranties In Bankruptcy: A Framework For Analysis, Marshall E. Tracht

Articles & Chapters

This article presents an economic analysis of insider guaranties in small business finance and bankruptcy, explaining their role in the panoply of legal and contractual devices used to control financial agency costs. It then uses this model to examine two areas of concern in the bankruptcy treatment of insider guaranties (the Deprizio preference problem and the enforceability of springing and exploding guaranties) and to explore some of the wider implications of insider guaranties for small business bankruptcy. Building on the fact that insider guaranties are typically used less to increase the assets available for repayment of the debt than to …

The Future Debate On Multidisciplinary Practice In The United States, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Stepping Outside The Box: Viewing Your Client In A Whole New Light, Michael L. Perlin

Articles & Chapters

No abstract provided.

Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard

Articles & Chapters

No abstract provided.

The Constitutional Canon: The Challenge Posed By A Transitional Constitutionalism (Symposium: The Canon(S) Of Constitutional Law), Ruti Teitel

Articles & Chapters

No abstract provided.

Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews

Articles & Chapters

South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews

Articles & Chapters

In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.

This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and solution …

The Role Of Power In The Rule Of Reason, Mark R. Patterson

Faculty Scholarship

No abstract provided.

Collisions, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Rumpelheimer V. Haddock: Port To Port, Joseph Sweeney

Faculty Scholarship

No abstract provided.

The Many Faces Of Foreseeability, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

Convocation Inaugurating The Samuel M Kaynard Distinguished Visiting Professorship In Labor And Employment Law, John D. Feerick

Faculty Scholarship

No abstract provided.

Review Of Commodity And Propriety: Competing Visions Of Property In American Legal Thought, 1776-1970, By Gregory S. Alexander, James L. Kainen

Faculty Scholarship

No abstract provided.

Representing Clients In Mediation: Principles That Make A Difference, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green

Faculty Scholarship

When it comes to the subject of "professionalism," there is a gap between the leaders of the organized bar and its members. Bar leaders are eager to discuss the subject. For example, this year's annual meeting of the American Bar Association ("ABA") afforded bar leaders, as well as legal academics, a host of opportunities to share strategies to promote "professionalism" and "professional values." The Section of Legal Education and Admissions to the Bar sponsored a program on "Professionalism in Law Schools and the Profession." Organizations representing bar executives, bar presidents, and bar foundations jointly presented a program called "Tough Talk, …

Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson

Faculty Scholarship

The requirement that an antitrust plaintiff show market power in rule of reason cases has an uninspiring history and unconvincing justifications. Such a requirement has never been adopted by the Supreme Court, and is currently imposed by only the Seventh and Fourth Circuits. Indeed, the requirement was never imposed very widely, despite frequent claims to the contrary. More significantly, the Seventh Circuit cases that initially established the requirement, and that continue to be cited for it, did so with misleading citations to cases from other circuits. Furthermore, the justifications that have been offered for the requirement have generally been either …

Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel

Faculty Scholarship

In the post-World War II international economy, with its enormous growth in transnational trade and investment, multinational legal practice has become a functional reality. Within the last two decades, the volume of trans-border legal practice has grown enormously in fields such as trade law, international banking and finance, international arbitration and litigation, international contractual and joint venture arrangements, transborder acquisitions and mergers, international antitrust, inter- national tax planning, and foreign investment counselling. Domestic law firms within the leading commercial nations have not only grown substantially in size, often by merger, they have also increasingly created networks of foreign branch offices, …

The Perils Of Public Opinion, Deborah W. Denno

Faculty Scholarship

Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”) is a rich, creative, and intriguing book with an ambitious goal: to examine the extent to which laypersons' views of justice (their “moral intuitions”) are reflected in current criminal codes. This Article discusses the significance of Justice's approach to understanding law and why the book is an excellent springboard for further research comparing community standards and legal codes. However, this Article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this Article's own study of national and New Jersey demographic and …

Boundaries Of Extracompensatory Relief For Abusive Breach Of Contract, The , Nicholas J. Johnson

Faculty Scholarship

The idea of extracompensatory damages for abusive breach of contract presents a fundamental conflict. Contract doctrine aims to facilitate exchanges. Extracompensatory damages are disincentives. These aims are essentially irreconcilable. And traditionally the goal of facilitating exchanges has trumped any interest in punishing bad conduct. But there is a lingering sense that sometimes a proportionate response to bad conduct surrounding breach requires more than the traditional measure of damages. At the edges of contract doctrine, two notable experiments manifest the sense that some breaches demand more than compensatory damages. One, the failed California experiment with bad faith breach, permitted the plaintiff …

Symposium: Multidistrict Litigation And Aggregation Alternatives: Foreword, Howard M. Erichson

Faculty Scholarship

On March 30, 2001, a somewhat surprising discussion took place among two judges, two plaintiffs' lawyers, a defense lawyer, and a legal scholar. The occasion was a Seton Hall Law Review symposium on federal multidistrict litigation ("MDL"). What made the discussion surprising was not what the participants said of their experiences with MDL, but rather the extent to which they discussed things other than MDL. Much of the discussion addressed state court litigation beyond the reach of MDL, and federal court aggregation techniques other than MDL. While the presenters left no doubt that MDL retains a central role in the …

The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney

Faculty Scholarship

At the dawn of a new century of Supreme Court workplace law, it seems especially appropriate to offer some perspective on the recent and relatively recent past. Before addressing the seven cases involving labor and employment issues decided by the Supreme Court in the Term just ended, I want briefly to describe (in what I hope are not mechanical terms) how the Court's interests in labor and employment law have evolved from the start of the Burger Era in 1969 to the current, mature stage of the Rehnquist Court.

Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.