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2009

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Articles 1951 - 1980 of 11223

Full-Text Articles in Law

Vol. 29, No. 3, Summer 2009: Table Of Contents, Northern Illinois University Law Review Jul 2009

Vol. 29, No. 3, Summer 2009: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Symposium: Meeting the Needs of Persons with Mental Illness: Best Practices and Remaining Issues in the Law


The Psychotherapist-Patient Privilege In The Family Court: An Exemplar Of Disharmony Between Social Policy Goals, Professional Ethics, And The Current State Of The Law, Deborah Paruch Jul 2009

The Psychotherapist-Patient Privilege In The Family Court: An Exemplar Of Disharmony Between Social Policy Goals, Professional Ethics, And The Current State Of The Law, Deborah Paruch

Northern Illinois University Law Review

The mental health community recognizes the importance of confidentiality in the psycho-therapeutic relationship and the resultant impact on the effectiveness of treatment. This is embodied in professional ethical standards that prescribe confidentiality of information obtained in treatment. A psychotherapist-patient testimonial privilege is recognized by common law in federal courts, and by statute in all fifty states. However, state laws provide uncertain protection of this privilege in child custody disputes and virtually none in child abuse and neglect cases. In such cases, mental health professionals are commonly required to provide courts with confidential information obtained in psychotherapy sessions- often against their …


Center For Terrorism Law: Monthly Activity Report, 2009-07, St. Mary's University School Of Law Center For Terrorism Law Jul 2009

Center For Terrorism Law: Monthly Activity Report, 2009-07, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.


A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan Jul 2009

A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


Toy Guns Don't Kill People - People Kill People Who Play With Toy Guns: Federal Attempts To Regulate Imitation Firearms In The Face Of Toy Industry Opposition, Robert H. Wood Jul 2009

Toy Guns Don't Kill People - People Kill People Who Play With Toy Guns: Federal Attempts To Regulate Imitation Firearms In The Face Of Toy Industry Opposition, Robert H. Wood

City University of New York Law Review

No abstract provided.


States Of Resistance: The Real Id Act And Constitutional Limits Upon Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin Jul 2009

States Of Resistance: The Real Id Act And Constitutional Limits Upon Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin

City University of New York Law Review

No abstract provided.


Countering Anti-Immigration Extremism: The Southern Poverty Law Center's Strategies, Heidi Beirich, Mark Potok Jul 2009

Countering Anti-Immigration Extremism: The Southern Poverty Law Center's Strategies, Heidi Beirich, Mark Potok

City University of New York Law Review

No abstract provided.


Introduction, Maria Grahn-Farley Jul 2009

Introduction, Maria Grahn-Farley

City University of New York Law Review

No abstract provided.


Section One: International Parental Abduction: New York Law And The Convention On The Rights Of The Child, Maria F. Cadagan Jul 2009

Section One: International Parental Abduction: New York Law And The Convention On The Rights Of The Child, Maria F. Cadagan

City University of New York Law Review

No abstract provided.


Section Four: The Availability Of Preventative Rehabilitation Services For Children Engaged In Prostitution; Crc Article 34 And Its Optional Protocol, Jeremy A. Cooney Jul 2009

Section Four: The Availability Of Preventative Rehabilitation Services For Children Engaged In Prostitution; Crc Article 34 And Its Optional Protocol, Jeremy A. Cooney

City University of New York Law Review

No abstract provided.


Section Seven: Compliance Issues Between New York State Education Law And The Convention On The Rights Of The Child, Matthew P. Miller Jul 2009

Section Seven: Compliance Issues Between New York State Education Law And The Convention On The Rights Of The Child, Matthew P. Miller

City University of New York Law Review

No abstract provided.


Batson, Empowerment And New Jury Models: The Case For ‘Open Inquiry’, Patrick C. Brayer Jul 2009

Batson, Empowerment And New Jury Models: The Case For ‘Open Inquiry’, Patrick C. Brayer

Faculty Works

This 2009 article recommends the practice technique of “open inquiry,” which encourages attorneys and courts to ask jurors to openly identify their race, gender, and ethnicity during voir dire for purposes of appellate review under Batson v. Kentucky and related holdings. An open inquiry helps protect the rights of all jurors to sit. It thus creates a greater chance that juries are more diverse and promotes more voices and experiences during deliberation. The open inquiry method also promotes individual juror participation and increases the group's receptiveness toward individual voices during deliberations. Most importantly, open inquiry forces practitioners to rethink how …


Mothers And Sons: The Lloyd Schlup Story, Sean O'Brien Jul 2009

Mothers And Sons: The Lloyd Schlup Story, Sean O'Brien

Faculty Works

This article tells the back story of the near-execution of Lloyd Schlup, condemned to die in Missouri for the 1984 murder of fellow Missouri State Penitentiary prisoner Arthur Dade, Jr. Mr. Schlup came within hours of execution before the Supreme Court granted certiorari on his case to decide whether a prisoner who is probably innocent can avail himself of the habeas corpus remedy. Mr. Schlup's and Mr. Dade's mothers played pivotal roles in the ultimate outcome of Schlup v. Delo, 513 U.S. 298 (1995). Dedicated to the memory of Nancy Slater.


Throwing The Baby Out With The Bathwater: A Call To Reinstate The Public Housing Drug Elimination Program, Wendy Tolson Ross Jul 2009

Throwing The Baby Out With The Bathwater: A Call To Reinstate The Public Housing Drug Elimination Program, Wendy Tolson Ross

Faculty Works

In fiscal year 2002, the federal government, upon recommendation by the Office of Management and Budget, eliminated funding to the Public Housing Drug Elimination Program (PHDEP), a grant program designed to assist public housing authorities in fighting drugs and crime. In explaining its decision, the government cited (1) the program’s ineffectiveness, (2) its duplication of activities, and (3) the availability of other enforcement tools (e.g., evictions) to control crime and drugs in public housing. On the surface, the budgetary concerns appear to be sound. However, today, seven years later, crime and drug violence are still causing problems in public housing …


Give Smaller Companies A Choice: Solving Sarbanes-Oxley Section 404 Inefficiency, Paul P. Arnold Jul 2009

Give Smaller Companies A Choice: Solving Sarbanes-Oxley Section 404 Inefficiency, Paul P. Arnold

University of Michigan Journal of Law Reform

This Note argues that smaller public companies should have the option to opt out of Section 404 of the Sarbanes-Oxley Act of 2002. Optional compliance is economically preferable to the current approach of mandatory compliance. Companies that choose to comply with Section 404 will send a signal to the financial markets that their internal controls meet the high standards Section 404 demands, and investors will reward such companies if they actually value the benefit of that company's additional controls. Similarly, companies that benefit less from additional internal accounting will be able to avoid Section 404's high costs. To clarify the …


The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson Jul 2009

The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson

University of Michigan Journal of Law Reform

Tort reform became an important issue during the 1994 Congressional Campaign as part of the Republican Party's "Contract with America. "Since then, many federal and state laws have attempted to reduce both liability and recovery in tort actions. In 1996, Michigan passed the Tort Reform Act, encompassing many drastic changes to state tort law. One provision of the Act, § 294 7, scaled back liability against non-manufacturing retailers in product liability actions. The Michigan Supreme Court interpreted the exceptions of the law narrowly and the prohibition broadly, essentially barring recovery from retailers. Since 1996, this provision has prevented victims injured …


Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin Jul 2009

Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin

University of Michigan Journal of Law Reform

Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone-Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 as …


How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman Jul 2009

How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman

University of Michigan Journal of Law Reform

This Article critiques the recent rash of federal district court opinions holding that all named plaintiffs in a class action lawsuit alleging employment discrimination under Title VII of the Civil Rights Act of 1964 must satisfy the venue requirements in the court where they filed the action. Neither the text nor the history of Title VII requires this prevailing interpretation; to the contrary, requiring every named plaintiff to satisfy venue requirements in the same court undermines the legislative purpose behind both Title VII and Federal Rule of Civil Procedure 23 by creating a new obstacle to employees seeking to enforce …


Continuum Of Violence Against Latinas And Latinos, Jenny Rivera Jul 2009

Continuum Of Violence Against Latinas And Latinos, Jenny Rivera

City University of New York Law Review

No abstract provided.


Rhetoric And Violence: Understanding Incidents Of Hate Against Latinos, Christina Iturralde Jul 2009

Rhetoric And Violence: Understanding Incidents Of Hate Against Latinos, Christina Iturralde

City University of New York Law Review

No abstract provided.


Children's Rights: An Empty Promise For New York State's Most Vulnerable Youth, Jacquelyn D. Greene Jul 2009

Children's Rights: An Empty Promise For New York State's Most Vulnerable Youth, Jacquelyn D. Greene

City University of New York Law Review

No abstract provided.


Section Three: Article 12 Of The Crc And New York State Law, Chantima Chokloikaew Jul 2009

Section Three: Article 12 Of The Crc And New York State Law, Chantima Chokloikaew

City University of New York Law Review

No abstract provided.


Section Eight: Services Available In New York To Aid In The Physical And Psychological Recovery Of Former Child Soldiers, Jessica M. Vaughn Jul 2009

Section Eight: Services Available In New York To Aid In The Physical And Psychological Recovery Of Former Child Soldiers, Jessica M. Vaughn

City University of New York Law Review

No abstract provided.


From Clampdown To Limited Empowerment: Hard And Soft Law In The Calibration And Regulation Of Religious Conduct In Singapore, Tan K. B. Eugene Jul 2009

From Clampdown To Limited Empowerment: Hard And Soft Law In The Calibration And Regulation Of Religious Conduct In Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The focus of Singapore's response to terrorism post 9/11 has been to reach out to the “moderate, mainstream” Muslims as a bulwark against societal implosion. This article examines the broad-based endeavor toward “religious moderation.” While coercive draconian legislation remain the mainstay against extremists and radicals, the mobilization of soft law, aspirational norms, and values are consciously woven into the state's endeavors to enhance society's resilience and cohesion. They also seek to regulate religious conduct at a time when the state wishes to entrench secularism as a cornerstone of the governance of a multi-racial, multireligious society. Rights and regulation are not …


Pandemic Preparedness: A Return To The Rule Of Law, Wendy K. Mariner, George J. Annas, Wendy E. Parmet Jul 2009

Pandemic Preparedness: A Return To The Rule Of Law, Wendy K. Mariner, George J. Annas, Wendy E. Parmet

Faculty Scholarship

Current discussions of pandemic influenza and emergency preparedness would do well to heed the lessons of US Airways flight 1549, which landed in the Hudson River in January 2009. This article examines what past emergencies teach us about how to prevent or control epidemics and argues that it is time for a return to the rule of law in pandemic preparedness. The most important resource in emergency preparedness is a healthy, resilient population, which depends importantly on sustainable systems of medical care and public health. Preparedness thus requires more money than law. After September 11, 2001, however, federal emergency preparedness …


Table Of Contents - Issue 2 Jul 2009

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.


Collaborative Governance: Emerging Practices And The Incomplete Legal Framework For Public And Stakeholder Voice, Lisa Blomgran Bingham Jul 2009

Collaborative Governance: Emerging Practices And The Incomplete Legal Framework For Public And Stakeholder Voice, Lisa Blomgran Bingham

Journal of Dispute Resolution

This article describes the broad range of processes through which citizens and stakeholders collaborate to make, implement, and enforce public policy. First, it briefly reviews collaborative and new governance. Second, it describes deliberative democracy; collaborative public or network management; and appropriate dispute resolution in the policy process. These three separate fields are part of a single phenomenon, namely the changing nature of citizen and stakeholder voice in governance. Third, it describes how these new forms of participation operate across the policy continuum. Fourth, it briefly reviews existing legal infrastructure for collaborative governance primarily from the perspective of federal administrative law. …


Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz Jul 2009

Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz

Journal of Dispute Resolution

A, perhaps the, central and never-to-be-resolved debate in American administrative law concerns this: to what extent should agencies be left to their own devices? Were the answer "completely," then there would be no such thing as administrative law. There would be administrative lore, and administrative practice, and administrative culture, and administrative functions. But administrative law consists of the doctrines, statutes, and regulations that limit agency discretion and subject agencies to various forms of oversight.


Collaboration: The Future Of Governance, Philip J. Harter Jul 2009

Collaboration: The Future Of Governance, Philip J. Harter

Journal of Dispute Resolution

The thesis of this paper is that collaboration-the public and private spheres working together while recognizing the legitimate role of each-should play a major role in making these important decisions. Can collaboration diminish the rancor? Certainly not on its own, but it can lead people to recognize that others are listening and trying to reach appropriate decisions. That alone has powerful political consequences.' Should the procedures described here be used for all public decisions? Of course not. But they should be considered for major ones precisely because they are effective, and a form of collaboration-a recognition that others have important …


State Legislative Update, Ashley Brittain, Sean Dolan, Alicia Hammond, Meghan Prideaux Jul 2009

State Legislative Update, Ashley Brittain, Sean Dolan, Alicia Hammond, Meghan Prideaux

Journal of Dispute Resolution

The purpose of this Bill is to provide notice to owners of residential real property owners that mediation with the mortgagee is an option at the onset of foreclosure proceedings. The Bill changes the mechanism by which borrowers are notified of foreclosures; instead of receiving a writ and summons, borrowers receive a notice of mediation, a foreclosure mediation certificate, and a blank appearance form. Borrowers still receive the writ, summons, and complaint, however. The lender must appear at the mediation with the authority to approve a proposed settlement in order to receive a remedy, and no attorney's fees will be …