Law Commons^™

Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin

Articles & Chapters

The legal profession has notoriously ignored the reality that a significant number of its members exhibit signs of serious mental illness (and become addicted or habituated to drugs or alcohol at levels that are statistically significantly elevated from levels of the public at large). This is no longer news. What has not been explored is why so much of the bar has remained willfully ignorant of these realities, and why it refuses to confront the depths of this problem.

The roots of this puzzle are found in the social attitude of sanism, an irrational prejudice of the same quality and …

The Road Not Considered: Revising New Jersey's Death Penalty Statute, Robert Blecker

Articles & Chapters

No abstract provided.

Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen

Articles & Chapters

No abstract provided.

I Might Need A Good Lawyer, Could Be Your Funeral, My Trial: Global Clinical Legal Education And The Right To Counsel In Civil Commitment Cases, Michael L. Perlin

Articles & Chapters

The quality of counsel assigned to represent individuals facing involuntary civil commitment to psychiatric hospitals is, in most American jurisdictions, mediocre or worse. In many other nations, it is non-existent, or so minimal as to offer only the illusion of legal safeguards. (Perhaps) remarkably, there has been virtually no mention of this latter scandal in the legal literature. Also, there has been little attention paid to this development by the clinical education movement (domestically and globally).

A variety of interrelated factors, however, may shed some light on this scandal, and may, encouragingly, lead to social change in the future:

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Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin

Articles & Chapters

One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.

As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …

Disney Examined; A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman

Articles & Chapters

No abstract provided.

The Impact Of Computers On The Legal Profession: Evolution Or Revolution?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Not Dead Yet, Richard L. Marcus

Faculty Scholarship

No abstract provided.

E-Discovery Beyond The Federal Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Cure-All For An Era Of Dispersed Litigation? Toward A Maximalist Use Of The Multidistrict Litigation Panel's Transfer Power, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Transformation Of International Comity, Joel R. Paul

Faculty Scholarship

No abstract provided.

The Public Trust Doctrine, Environmental Human Rights, And The Future Of Private Property, David Takacs

Faculty Scholarship

No abstract provided.

The Restructuring Of Legal Education Along Functional Lines, William K.S. Wang

Faculty Scholarship

No abstract provided.

Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family

Nevada Law Journal

Congress contemplated a drastic change during the 2005-2006 immigration reform debate that sought to narrow access to the federal courts: a proposed certificate of reviewability requirement. The requirement would compel foreign nationals subject to an administrative removal order to obtain permission from a single federal court of appeals judge to access the federal courts. The U.S. House of Representatives endorsed the requirement, but the U.S. Senate dropped it from its slate of immigration reform priorities. Why did the requirement disappear from the Senate’s agenda during an era of increased congressional restrictions on judicial review of immigration cases?

A definitive answer …

"All The News That's Fit To Print": The New York Times, "Yellow" Journalism, And The Criminal Trial 1892-1902, Trevor D. Dryer

Nevada Law Journal

The study of criminal trials during the late 1890s and early 1900s has largely focused on the nature of the criminal justice “system,” but little research has been done on the interaction of the press and the criminal courts and how each institution influenced the other. With “yellow” journalism at its height, the press during this era was eager to cover murder trials, especially ones with bizarre facts, gory details, or sympathetic defendants. Examination of the criminal trial through the lens of the press yields two unexpected insights. First, while not traditionally labeled as “yellow,” the New York Times’ murder …

The Demise Of Fourth Amendment Standing: From Standing Room To Center Orchestra, Nadia B. Soree

Nevada Law Journal

No abstract provided.

An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Nevada Law Journal

No abstract provided.

Life And Liberty: Seven Factors That Will Better Evaluate Self-Defense In Nevada's Common Law On Retreat, Robert Stephens

Nevada Law Journal

No abstract provided.

Nevada's Comprehensive Theft Statute: Consolidation Or Confusion?, Sherry A. Moore

Nevada Law Journal

No abstract provided.

Judge Dredd: Hollywood Fiction Or Las Vegas Reality?, Michael J. Gayan

Nevada Law Journal

No abstract provided.

Do Not Feed The Homeless: One Of The Meanest Cities For The Homeless Unconstitutionally Punishes The So-Called "Enablers", D. Matthew Lay

Nevada Law Journal

No abstract provided.

License To Discriminate: "Choose Life" License Plates And The Government Speech Doctrine, W. Alexander Evans

Nevada Law Journal

No abstract provided.

Hedge Funds And Public Disclosure Requirements: Is The Sec Telling Secrets?, James B. Robertson

Nevada Law Journal

No abstract provided.

Conceptualizing Complicity In Alien Tort Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.

Impeachment With Evidence Of Prior Convictions, Roger C. Park

Faculty Scholarship

No abstract provided.

Signature Identification In The Light Of Science And Experience, Roger C. Park

Faculty Scholarship

No abstract provided.

Equal Liberty: Assisted Reproductive Technology And Reproductive Equality, Radhika Rao

Faculty Scholarship

No abstract provided.

The Administrative State, Front And Center: Studying Law And Administration In Postwar America, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

The Apostle, Mr. Justice Jackson, And The Pathological Perspective Of The Free Exercise Clause, Ronald J. Krotoszynski Jr.

Articles

The generally accepted interpretation of Justice William O. Douglas's majority opinion in United States v. Ballard, 322 U.S. 78 (1944), casts the case as a ringing defense of religious freedom in the United States; a trial court may not charge a jury with inquiring into the factual truth of a defendant's religious beliefs incident to a prosecution for criminal fraud. This interpretation of Ballard is, at least arguably, unduly generous. By permitting juries to inquire into a religious leader's subjective good faith belief in the tenets of the faith, the Ballard majority provides an insufficient shield against prosecutions based on …

2008-05-15 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.