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Full-Text Articles in Law

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee Jan 2005

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee

Law Library Faculty Scholarship

Published as a chapter in Prestatehood legal materials: a fifty-state research guide, including New York City and the District of Columbia, edited by Michael G. Chiorazzi and Marguerite Most.


Beyond Stereotyping In Equal Protection Doctrine: Reframing The Exclusion Of Women From Combat, Valorie K. Vojdik Jan 2005

Beyond Stereotyping In Equal Protection Doctrine: Reframing The Exclusion Of Women From Combat, Valorie K. Vojdik

Scholarly Works

No abstract provided.


Utah Prefers Married Couples, Scott H. Clark Jan 2005

Utah Prefers Married Couples, Scott H. Clark

St. Thomas Law Review

As early as March 2000, Utahns identified the apparent contradiction between Florida's prohibition of adoptions by homosexuals and its concurrent licensure of homosexuals as foster parents. Seeking to avoid the train wreck vividly exposed in the Lofton v. Secretary of the Department of Children & Family Services controversy, Utah lawmakers enacted a statute and corresponding regulations, which provide that legally married couples are preferred as prospective adoptive parents. Utah did not ban adoptions or foster parenting by single individuals, nor did it use sexual preference as a criterion for disqualification of prospective adoptive parents or prospective foster parents. In Utah, …


Since When Is Dicta Enough To Trump Fourth Amendment Rights - The Aftermath Of Florida V. J.L., Melanie Wilson Jan 2005

Since When Is Dicta Enough To Trump Fourth Amendment Rights - The Aftermath Of Florida V. J.L., Melanie Wilson

Scholarly Works

No abstract provided.


Introduction, Barbara J. Pariente Jan 2005

Introduction, Barbara J. Pariente

St. Thomas Law Review

Attorneys as collaborators and counselors. Judges who promote resolution of conflict. Law as a healing agent and court proceedings that minimize rather than exacerbate harm. Problem-solving courts. Restorative justice. Collaborative law.


Using Therapeutic Jurisprudence In Teaching Lawyering Skills: Meeting The Challenge Of The New Aba Standards, Bruce J. Winick Jan 2005

Using Therapeutic Jurisprudence In Teaching Lawyering Skills: Meeting The Challenge Of The New Aba Standards, Bruce J. Winick

St. Thomas Law Review

At some law schools, existing courses already involve a simulation component. Some use a problem method approach whereby students are provided with written problems in advance and asked to come to class prepared to role play attorneys solving the problems or presenting opposing arguments concerning them. In the past, when I taught courses in Administrative Law and Federal Courts, I used a problem method approach that sought to blend skills training with doctrinal learning. For many years I have taught, and continue to teach, a course in Advanced Criminal Procedure using a variety of problems crafted over the years that …


Reflections On The Therapeutic Jurisprudence, Creative Problem Solving, And Clinical Education In The Transactional Curriculum, Edward A. Dauer Jan 2005

Reflections On The Therapeutic Jurisprudence, Creative Problem Solving, And Clinical Education In The Transactional Curriculum, Edward A. Dauer

St. Thomas Law Review

No abstract provided.


Therapeutic Jurisprudence In An Interprofessional Practice At The University Of St. Thomas Interprofessional Center For Counseling And Legal Services, Jennifer L. Wright Jan 2005

Therapeutic Jurisprudence In An Interprofessional Practice At The University Of St. Thomas Interprofessional Center For Counseling And Legal Services, Jennifer L. Wright

St. Thomas Law Review

The Interprofessional Center for Counseling and Legal Services (the "Center" or "Interprofessional Center") is a joint effort by the School of Law, the School of Social Work and the Graduate School of Professional Psychology at the University of St. Thomas' in Minneapolis, Minnesota. In the Center, law, social work and psychology students gain practice skills by working with clients under the supervision of experienced supervisors. The Center provides pro bono professional services to low-income, working poor and other underserved populations who would otherwise have no access to such assistance. The same can be said of many clinical programs. In addition, …


Taking Hold Of The Elephant In Child Dependency And Neglect Cases, Christina A. Zawisza Jan 2005

Taking Hold Of The Elephant In Child Dependency And Neglect Cases, Christina A. Zawisza

St. Thomas Law Review

In order to place this article in context, I will first describe Tennessee's practice rule for attorneys representing children as Guardians ad Litem. It is an example of the "Elephant," the many component parts of a child's life that the child's lawyer is required to bring together to represent the child holistically. In Part II, I will describe and apply three developing jurisprudential movements that embrace the techniques I utilize: interdisciplinary practice, creative problem-solving and Therapeutic Jurisprudence. In Part III, I will provide an overview of ecomaps and genograms as they are commonly used in the social sciences. In Part …


George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter Jan 2005

George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter

St. Thomas Law Review

In recent years, the Therapeutic Jurisprudence and preventive law model has begun to penetrate legal education. As this article attempts to show, this model has much to offer clinical legal education and child advocacy clinics, in particular. This article describes how Therapeutic Jurisprudence and the Therapeutic Jurisprudence/preventive law model are used in the Children & Youth Law Clinic, and demonstrates their value in the context of representing one foster care client of the Clinic. Specific examples of our activity are rewound to analyze the strategies or techniques the Clinic used or, in retrospect, should have used, to address or prevent …


The Birth Of A Therapeutic Courts Externship Program: Hard Labor But Worth The Effort, Gregory Baker, Jennifer Zawid Jan 2005

The Birth Of A Therapeutic Courts Externship Program: Hard Labor But Worth The Effort, Gregory Baker, Jennifer Zawid

St. Thomas Law Review

In this article, we focus on the use of externships to introduce law students to the concepts of Therapeutic Jurisprudence and problem solving courts (also referred to herein as therapeutic courts). We begin with an examination of the birth of William & Mary Law School's therapeutic courts practice externship, arguably the most comprehensive externship of its kind. Next, we will focus on an alternative model of a therapeutic court externship clinic, still in its infancy, at the University of Miami School of Law. Our goals are both simple and lofty. We want as many law students as possible to be …


Therapeutic Jurisprudence And The Rehabilitative Role Of The Criminal Defense Lawyer, David B. Wexler Jan 2005

Therapeutic Jurisprudence And The Rehabilitative Role Of The Criminal Defense Lawyer, David B. Wexler

St. Thomas Law Review

In the present article, I will identify the potential rehabilitative role of the attorney from the beginning stages-possible diversion, for example through sentencing and even beyond-through conditional or unconditional release, and possible efforts to expunge the criminal record. This article has two principal purposes; first, to call for the explicit recognition of a TJ criminal lawyer, and to provide, in a very sketchy manner, an overview of that role; second, to propose an agenda of research and teaching to foster the development of the rehabilitative role of the criminal lawyer. While much of the proposed research would discuss the rehabilitative …


Validation Through Other Means: How Immigration Clinics Can Give Immigrants A Voice When Bureaucracy Has Left Them Speechless, Evelyn H. Cruz Jan 2005

Validation Through Other Means: How Immigration Clinics Can Give Immigrants A Voice When Bureaucracy Has Left Them Speechless, Evelyn H. Cruz

St. Thomas Law Review

To better frame this discussion, I will first describe the immigration process and its anti-therapeutic effects on immigrants in some detail. I will then proceed to discuss the use of community presentations and contextual representation practices to preserve a client's voice and validation in the immigration process. Throughout this article, and more specifically in my conclusion, I will examine how students who understand the need to address "psycho-legal soft spots" naturally gravitate to client-centered representation, thereby becoming empathetic and competent practitioners.


In A Dark Wood: Dante As A Spiritual Guide For Lawyers, Joseph Allegretti Jan 2005

In A Dark Wood: Dante As A Spiritual Guide For Lawyers, Joseph Allegretti

St. Thomas Law Review

In this paper, I propose to focus on three stages in the Divine Comedy that represent three stages of the spiritual journey. First, being lost. The poem opens with Dante lost in a dark wood, corresponding to the spiritual situation of many lawyers today. Recall the title of Dean Kronman's book: The Lost Lawyer. Second, taking the journey. Dante moves from the dark wood through hell and purgatory on his journey of self-discovery. The lessons he learns can help anyone setting out on the spiritual journey. Third, arriving home. Dante ends his poem with a vision of what it means …


Must We Bankrupt The Spirit Also: The Benefits Of Incorporating Therapeutic Jurisprudence Into Law School Bankruptcy Assistance Programs, Michael L. Stines Jan 2005

Must We Bankrupt The Spirit Also: The Benefits Of Incorporating Therapeutic Jurisprudence Into Law School Bankruptcy Assistance Programs, Michael L. Stines

St. Thomas Law Review

This paper will examine the psychological effects associated with filing for consumer bankruptcy and techniques that can be learned by law students and young lawyers to help soften the blow for those who will inevitably experience those effects. First, the progression of bankruptcy will be discussed, tracking changes from its origins to modem times and the effect those changes may have had on those attempting to take advantage of the system's benefits. Second, the actual process of filing for bankruptcy will be examined, pointing out the aspects that cause damage to an individual's mental health. Third, this paper will analyze …


Front Matter Jan 2005

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 18, Issue 1, Fall 2005.


English As A Second Language - Or Why Lawyers Can't Write, H P. Southerland Jan 2005

English As A Second Language - Or Why Lawyers Can't Write, H P. Southerland

St. Thomas Law Review

For more than thirty years I've spent a lot of time reading bad writing. By bad writing, I mean writing that fails of its essential purpose-so flawed in concept or execution that it can hardly inform, much less persuade. The writing is the sort that lawyers are routinely expected to produce: briefs, judicial opinions, essays dealing with law-related subjects, and the like. What I see, for the most part, is the writing of second- and third-year law students, the vast majority of whom graduate and enter upon a lifetime career as lawyers.' They take with them for tomorrow the writing …


Moran, Kentucky Ass'n Of Health Plans, And Davila: The (R)Evolution Of Erisa Preemption, Michael E. Nitardy Jan 2005

Moran, Kentucky Ass'n Of Health Plans, And Davila: The (R)Evolution Of Erisa Preemption, Michael E. Nitardy

St. Thomas Law Review

This article chronicles the Supreme Court's recent pronouncements on the issue of ERISA preemption and attempts to assess what impact the varied pronouncements will have on the legal landscape. Specifically, the article analyzes the impact of Rush Prudential HMO, Inc. v. Moran, Kentucky Ass'n of Health Plans, Inc. v. Miller ("KAHP") and Davila. Although the cases address different aspects of preemption, together, the three provide a panoramic landscape of what the Supreme Court believes the appropriate emphasis of ERISA preemption should be. Part II of this article explores the background of ERISA and its preemption provisions. Part III recounts the …


The Rule Of Law And The Origins Of The Bill Of Attainder Clause, Jacob Reynolds Jan 2005

The Rule Of Law And The Origins Of The Bill Of Attainder Clause, Jacob Reynolds

St. Thomas Law Review

Until recently, modem bill of attainder analysis has been fairly simple for courts and litigators alike - in order to be considered a bill of attainder, a law must "(1) specify the affected persons; (2) impose punishment; and (3) lack a judicial trial." Furthermore, the case law defining the appropriate analysis in bill of attainder cases is minimal and simple to understand: as one recent appointee to the D.C. Circuit has aptly noted, "[t]he Supreme Court's approach to the bill of attainder clause has been developed in only a handful of decisions. It is surprising that such a historically non-controversial …


Front Matter Jan 2005

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 18, Issue 2, Winter 2005.


Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner Jan 2005

Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner

St. Thomas Law Review

In my recent book, Homophobia and the Law, Robert Browning's Pied Piper, "the strangest figure" with a "queer long coat from heal to head, inducts a core chapter, the one on Children. After all, it is this notorious Pied Piper, who absconds with the town's children, leads them through a "wondrous portal" into the mountain-side cave, and renders their laughter inaudible forever. The Pied Piper has evolved into a menacing conceit that perpetuates discrimination against gay and lesbian couples. It is predicated on an irrational notion that homosexuals will, by coaxing children toward their own sexual orientation, seal them in …


The Evolution Of The Legal Concepts Of Family And Marriage In The Eu Legal System And Its Impact On Society, Jonathan Curci Jan 2005

The Evolution Of The Legal Concepts Of Family And Marriage In The Eu Legal System And Its Impact On Society, Jonathan Curci

St. Thomas Law Review

One particular aspect that we will examine is the emergence of new family forms in same-sex marriages. If the fundamental concepts of "marriage" are redefined, "other unions" or "family types" would be placed on par with heterosexual marriages, enjoying the same benefits the traditional family has provided over the course of humanity. This redefinition of marriage would undermine the concept of the traditional family and ignore its necessity for the benefit to mankind.


A Search For Reason In Fairy Tales, John F. Fernandez Jan 2005

A Search For Reason In Fairy Tales, John F. Fernandez

St. Thomas Law Review

A fairy1 tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission …


Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry Jan 2005

Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry

St. Thomas Law Review

This article addresses the question of whether some gay and lesbian adults should be permitted to adopt any children in the State of Florida, especially children with special needs. Part I more clearly describes children with special needs. Part II discusses who may adopt special needs children. Part III briefly covers gay and lesbian adoption statistics. Part IV sets forth general and specific factors that may be used in determining whether a particular gay man or lesbian is suitable for adopting children in Florida. This section also enumerates and discusses reasons that are offered to support bans on same-sex adoption. …


Pharmacogenomics: Privacy In The Era Of Personalized Medicine, Berrie Rebecca Goldman Jan 2005

Pharmacogenomics: Privacy In The Era Of Personalized Medicine, Berrie Rebecca Goldman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'


Foundations Of Practical Reason Revisited, John M. Finnis Jan 2005

Foundations Of Practical Reason Revisited, John M. Finnis

Journal Articles

"One's investigations, reflections and communications are actions. Sometimes they are simply spontaneous, but very often, as with other kinds of action, one needs to opt into them by deliberation, choice and continued effort, all of which make noticeable one's responsiveness to opportunities. This paper revisits some main elements in that responsiveness."


Of Looks, Laws And Lawns: How Human Aesthetic Preferences Influence Landscape Management, Public Policies And Urban Ecosystems, Loren B. Byrne Jan 2005

Of Looks, Laws And Lawns: How Human Aesthetic Preferences Influence Landscape Management, Public Policies And Urban Ecosystems, Loren B. Byrne

Arts & Sciences Faculty Publications

No abstract provided.


Towards A Cosmopolitan Vision Of Conflict Of Laws: Redefining Governmental Interests In A Global Era, Paul Schiff Berman Jan 2005

Towards A Cosmopolitan Vision Of Conflict Of Laws: Redefining Governmental Interests In A Global Era, Paul Schiff Berman

GW Law Faculty Publications & Other Works

It has now been ten years since the idea of global online communication first entered the popular consciousness. And while the internet has undoubtedly opened up new worlds of interaction and cooperation across borders, this increased transnational activity has also at times inspired parochialism, at least among the legislatures and courts of nation-states around the globe. Such assertions of national authority have helped to reawaken scholarly interest in the classic triumvirate of topics historically grouped together under the rubric of conflicts of laws: jurisdiction, choice of law, and recognition of judgments.

In a previous article, I argued that territorially-based conceptions …