Law Commons^™

What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin

Articles & Chapters

Law on the screen gives rise to a distinct way of doing jurisprudence. In this sense, it is incumbent upon legal scholars to discern with great care the kind of reality and the way of being that cinematic and electronic screens invite us to assume. Jurisprudence theorizes law in accordance with the cultural and cognitive meaning making tools at its disposal: story frames, character types, social scenarios, metaphors, as well as cultural and socially embedded or constructed emotional patterns, among other narratival and purely sensational elements. Law and film studies thus may be viewed as encompassing a larger concern with …

A Change Is Gonna Come: The Implications Of The United Nations Convention On The Rights Of Persons With Disabilities For The Domestic Practice Of Constitutional Mental Disability Law, Michael L. Perlin

Articles & Chapters

As recently as fifteen years ago, disability was not broadly acknowledged as a human rights issue. Although there were prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective1 the characterization of "disability rights" (especially the rights of persons with mental disabilities) was not discussed in a global public, political or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality …

The Rise Of The American Adversary System: America Before England, Randolph N. Jonakait

Articles & Chapters

The standard versions of the adversary system's development show that as more lawyers participated in English criminal trials in eighteenth century England criminal procedure became increasingly adversary. Those versions largely ignore American history which shows that the colonies and early America did not simply adopt the English adversary system but moved to an adversary system in advance of England. This article discusses data and developments indicating America's early adoption of an adversary system, including the American guarantee of a right of counsel, the routine presence of counsel in criminal cases in the colonies and the new United States, the American …

The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill

Articles & Chapters

The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …

Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana

Articles & Chapters

Professor Ross Sandler has contributed a full review of Fighting for the City to this symposium issue. This short comment is meant to supplement that review by emphasizing topics that are of particular interest to an historian of the American legal profession, and of American legal education in particular and New York City in general. It is also meant to draw some connections between Fighting for the City and two of Professor William Nelson's other works: In Pursuit of Right and Justice, his biography of Edward Weinfeld, a lawyer and judge of the District Court for theSouthern District of New …

Globalization, Investing In Law, And The Careers Of Lawyers For Social Causes—Taking On Rights In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.

Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe

Articles & Chapters

In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the …

Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe

Articles & Chapters

This article explores the complex and often strained relationship between Tom Mooney, the famous labor radical who was framed for a bombing murder, and his lawyers over the course of the 23-year long battle to gain his freedom. The author uses the lawyers’ archives to explore the intense difficulties that arise between a client who believes the legal system is hopelessly corrupt and his lawyers who hope to free their client and redeem the justice system at the same time. While sympathetic to Tom Mooney and the lawyers, Roiphe concludes that an independent legal profession struggling to negotiate its obligation …

Islam's Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza

Articles & Chapters

Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the FourthAmendment to the U.S. Constitution. Two Quranic verses in particular - one that commands Muslims not to enter homes without permission, and one that commands them not to 'spy' - are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these commands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists of …

Coming Together After The Crisis: Global Convergence Of Private Equity And Hedge Funds, Houman B. Shadab

Articles & Chapters

Prior to the subprime-initiated financial crisis, there was a trend within the alternative investment industry towards the convergence of certain private equity and hedge fund strategies and structures. This brief article suggests that although the financial crisis will slow the process of convergence, the trend toward convergence will ultimately continue and strengthen, albeit in some ways along a different trajectory than before the crisis and with some important variations across national boundaries.

Global Funder, Grassroots Litigator—Judicialization Of The Environmental Movement In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.

Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda Barnhart

Articles & Chapters

No abstract provided.

Ask The Professor: Who Has, Or Who Should Have, Jurisdiction Over Cds Clearing?, Ronald Filler

Articles & Chapters

No abstract provided.

Talking The Talk, Or Walking The Walk? Outcome-Based Regulation Of Transnational Investment, Jerry Ellig, Houman B. Shadab

Articles & Chapters

Today, individual U.S. retail investors have virtually limitless opportunities to invest their money, with a notable exception: they cannot directly invest in securities of foreign issuers and still be protected under U.S. law. This missing opportunity deprives U.S. investors of the ability to fully diversify their investments and also imposes undue costs and risks upon investors seeking to invest directly overseas. This Article shows that a Securities and Exchange Commission ("SEC") policy of "mutual recognition" of foreign regulatory regimes that achieve investor protection outcomes comparable to those of the SEC would solve this problem. A foreign issuer or other entity …

Imagine All The Women: Power, Gender And The Transformative Possibilities Of The South African Constitution, Penelope Andrews

Articles & Chapters

This chapter will explore the South African Constitution, and more particularly, the Bill of Rights, as a vehicle for social and economic transformation. By analyzing the provisions relating to gender equality in South Africa's Constitution, as well as decisions of the Constitutional Court, this chapter will examine whether theconstitutional rights framework in South Africa contains within it the transformative possibilities that will lead to gender equality in all spheres of South African society, and particularly in the economic sphere.

Sanborn V. Mclean: Beyond The Limits Of Inquiry Notice, Gerald Korngold

Articles & Chapters

This essay deepens the student's understanding of a leading property case by recounting the story behind the case. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the case has attained noteworthy status. It is suitable for adoption as a supplement in a first-year property course, or for use in an advanced seminar.

This chapter is reprinted with the permission of Foundation Press: Sanborn v. McLean: Beyond the Limits of Inquiry Notice, Chapter10 in Property Stories (Law Stories), 2nd ed. at 241-264 (Foundation Press, 2009).

Click here to purchase the book.

Where The Home In The Valley Meets The Damp Dirty Prison: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, Astrid Birgden, Michael L. Perlin

Articles & Chapters

The roles of forensic psychologists in coerced environments such as corrections include that of treatment provider (for the offender) and that of organizational consultant (for the community). This dual role raises ethical issues between offender rights and community rights; an imbalance results in the violation of human rights. A timely reminder of a slippery ethical slope that can arise is the failure of the American Psychological Association to manage this balance regarding interrogation and torture of detainees under the Bush administration. To establish a “bright-line position” regarding ethical practice, forensic psychologists need to be cognizant of international human rights law. …

Introduction: Feminist Advocacy, Constitutions And Law, Penelope Andrews

Articles & Chapters

The programs and projects of the last few decades of feminist advocacy have been applauded, resisted, andvilified. Despite these divergent responses, there is no doubt that in societies across the globe women’s voices in the legal and political realm are no longer muted. Organizing and lobbying on all five continents, aided and abetted by the liberating possibilities of the innovative communications technology, especially the internet, women advocates have created the discursive space in the political, legal, social, and economic realm to influence governmental policies, law and practice. Developments in the last few decades have illustrated the concerted efforts by women …

Agency Accountability Strategies After Liberalization: Universal Service In The United Kingdom, France, And Sweden, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Negotiating Classroom Process: Lessons From Adult Learning, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

2009-07-24 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-07-17 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-07-03 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-07-31 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-04-24 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-06-19 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-06-26 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-03-20 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-06-12 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.

2009-02-27 H. Thomas Wells, Jr. Aba Presidential Correspondence, H. Thomas Wells Jr., University Of Alabama School Of Law

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

No abstract provided.