Law Commons^™

From International Law To Law And Globalization, Paul Schiff Berman

GW Law Faculty Publications & Other Works

International law's traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important - though sometimes inchoate - processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that "international law" is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …

European Union Legal Materials: An Infrequent User's Guide, Duncan E. Alford

Faculty Publications

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 17, Issue 3, Spring 2005.

Heart And Soul: A New Rhythm For Clinical Externships, Leslie Larkin Cooney

St. Thomas Law Review

The message of Therapeutic Jurisprudence is simple - focus on emotional life and psychological well-being and practice law as a healing profession - but the application of Therapeutic Jurisprudence to clinical teaching can have far ranging results. "Lawyers trained to be professionals have not been trained in how to respond to the anxiety, hurt feelings, and other emotions ... ," Law students arriving today in our clinical education settings require extra attention to the development of interpersonal skills for a variety of reasons. This article explores the concepts and development of Therapeutic Jurisprudence and outlines the benefits derived from incorporating …

Practicing (And Teaching) Therapeutic Jurisprudence: Importing Social Work Principles And Techniques Into Clinical Legal Education, Susan L. Brooks

St. Thomas Law Review

Practicing Therapeutic Jurisprudence ("TJ") requires proponents to advance a particular normative framework. As a clinical social worker turned lawyer, who is now also a clinical law teacher, I believe strongly that the field of social work provides a useful framework for legal education and practice. As I will demonstrate through examples from my teaching and my students' practice experiences, the role of the clinical law teacher is uniquely and well suited to apply social work values, principles, concepts, and techniques. By importing these core social work elements into the clinical legal education, faculty can truly teach future lawyers to practice …

Therapeutic Jurisprudence And Preventative Law In The Thomas M. Cooley Sixty Plus, Inc., Elder Law Clinic, Cindy E. Faulkner

St. Thomas Law Review

Gertrude Smith phones the SixtyPlus, Inc., Elderlaw Clinic ("Clinic") to schedule an appointment. She informs the receptionist that she wants to come to the Clinic so she can "get a trust." Ms. Smith is scheduled for an intake appointment to meet with two student legal interns ("interns"). Ms. Smith arrives for her appointment, is introduced to the interns, and agrees to be interviewed. The senior intern (a student in her second term at the Clinic) begins the interview by asking Ms. Smith what brought her to the Clinic. Ms. Smith reiterates that she "wants a trust because it is the …

From Violence And Victimization To Voice And Validation: Incorporating Therapeutic Jurisprudence In A Children's Law Clinic, Carolyn S. Salisbury

St. Thomas Law Review

This article discusses our Clinic's Voice Project and examines the application of Therapeutic Jurisprudence principles to the group of foster children who created the Trapped mural: girls who are victims of abuse and who are committed to psychiatric facilities. In their self-expression, an overwhelming number of the girls focused on their experiences of being sexually abused and feeling re-victimized within the psychiatric and legal systems. Unfortunately, "[u]nlike most victims of other sexualized violence, the victims of child sexual abuse have had little or no voice, creating a literal as well as figurative absence of narrative about the harm." In this …

Therapeutic Jurisprudence - An Australian Perspective, George Hampel Qc

St. Thomas Law Review

At a recent conference in Crete on Ethics and Professional Responsibilities, I had the privilege of meeting David B. Wexler and hearing his presentation on Therapeutic Jurisprudence. I also had the advantage of reading his article entitled Therapeutic Jurisprudence and the Rehabilitative Role of the Criminal Defense Lawyer. Over a cup of good Greek coffee, Mr. Wexler asked me about developments in this area in Australia and suggested I might contribute to a forthcoming publication. The short answer is that there has been little development in academic circles compared to the work being done by Mr. Wexler and others in …

Making The Case: Therapeutic Jurisprudence And Problem-Solving Practices Positively Impact Clients, Justice Systems And Communities They Serve, Cait Clarke, James Neuhard

St. Thomas Law Review

What is becoming known as Therapeutic Jurisprudence or client-centered representation is new to most line-lawyers or leaders of traditional public defense programs. However, many of these practices have been incorporated into the daily practices within defender offices for decades. Strategies that secure better bonds or sentences lead many public defense programs to seek early entry into the jails and to verify client information. Efforts to learn about "beds" for their clients that were unknown to swamped probation programs have lead offices and individual defenders to actively participate and create alternative treatment programs. Overworked offices hire less expensive sentencing specialists or …

Toward A Common Law Of Ecosystem Services, J B. Rhul

St. Thomas Law Review

This speech was presented on October 6, 2005, at St. Thomas University School of Law, as part of the Distinguished Speaker Series program. Professor Alfred Light made introductory remarks.

B-I-N-G-No - The Legal Abuse Of An Innocent Game, Joseph L. Lester

St. Thomas Law Review

This article examines how technological advancements have transformed the innocent game of bingo into what appears to be an electronic slot machine. This article describes the expansion of electronic bingo into areas that have considered gambling against public policy. Specifically, this article explores how tribal gambling across the United States and charitable gambling in Alabama have manipulated laws to create legal Class II casinos free of state taxation and revenue sharing. Finally, this article proposes modifications of the legal definition of bingo that will harmonize the law with technological advancements and return bingo to a harmless amusement game.

My Modest Proposal, Celia Taylor

St. Thomas Law Review

It is a melancholy object to those, who labor in the great area of contract law involving donative promises, or travel in its academic realm, when they see tribunals, courts and other dispute resolution venues, crowded with petitioners of every stripe, followed by clerks with voluminous pleadings, importuning said authorities for aid. These individuals, instead of being able to work at more venerable elements of their calling, are forced to spend time pleading with courts for sustenance for their floundering claims, that as they mature, are either granted entry in to the protective realm of contract law by contorted analysis …

Ninety Miles From Freedom - The Constitutional Rights Of The Guantanamo Bay Detainees, Alan Tauber

St. Thomas Law Review

This article concludes that, based on previous interpretations of the reach of the Constitution beyond U.S. borders, only the Fifth Amendment right to Due Process applies to Guantanamo Bay detainees, and that any other constitutional rights, such as the right to counsel or confrontation, must arise from the Due Process clause, rather than the independent rights protected by the Sixth Amendment. Part Two of this article will take an in-depth look at the decisions in Khalid and In re Guantanamo Detainee Cases, examining their reasoning and the similarities and differences in their conclusions. It will focus exclusively on the constitutional …

An Empirically-Supported Rational Basis For Prohibiting Adoption, Foster Parenting, And Contested Child Custody By Any Person Residing In A Household That Includes A Homosexually-Behaving Member, George A. Rekers

St. Thomas Law Review

Representative empirical evidence and common sense reasoning are reviewed below which necessitate the logical conclusion that households with one or more homosexually-behaving adults or adolescents should be prohibited from adoption and from foster parenting, and were found to be less capable of providing the best family structure in cases of contested child custody. Hundreds of additional scientific studies also support these three reasons for this rational basis, but space limitations necessitate the presentation of only a number of representative sources of supporting evidence here.

The Inner Lives Of Children In Lesbigay Adoption: Narratives And Other Concerns, Lynn D. Wardle

St. Thomas Law Review

This article attempts to review some of the serious, non-stereotyped concerns that underlie some of the objections of thoughtful legal commentators to adoption of children by gay and lesbian couples or partners. These objections fall into four categories of significant concern: (1) the best interests of children, (2) the integrity of the legal institution of adoption, (3) inappropriate judicial behavior, including manifestation of bias and animus, and the exercise of (legislative) policy-making prerogatives, and (4) the failure to explore, much less carefully consider, alternative solutions (and the hasty abandonment of processes of careful, incremental change to embrace a radical, but …

Family Norms In Adoption Law: Safeguarding The Best Interests Of The Adopted Child, Camille S. Williams

St. Thomas Law Review

Because a number of negative circumstances or outcomes correlate with non-conjugal couple household structures and alternative sexualities, 6 lowering the high standard for adoptive parents that has been the hallmark of best adoption practices in the U.S. may not be the best option for addressing the needs of children whose biological parents cannot care for them.

Adult Sexual Desire And The Best Interest Of The Child, Richard G. Wilkins, Trent Christensen, Eric Selden

St. Thomas Law Review

In Lofton v. Secretary of the Department of Children and Family Services, the United States Court of Appeals for the 11th Circuit sustained Florida's legislative decision to restrict adoption to heterosexual married couples or unmarried individuals not engaged in homosexual conduct. The court rejected claims by prospective homosexual parents that Florida had impermissibly intruded upon their familial privacy rights, unconstitutionally burdened their right to private sexual intimacy, and - by treating homosexual applicants for adoption differently than heterosexual applicants - transgressed the commands of the Equal Protection Clause. The court properly rejected these contentions. All of the plaintiffs' claims ultimately …

Making Place At The Table: Reconceptualizing The Role Of The Custody Evaluator In Child Custody Disputes, Mary Kay Kisthardt, Barbara Glesner Fines

Faculty Works

This article is based on the premise that custody evaluations cannot and should not be a substitute for the socio-legal judgment of the best interests of the child. Recognizing that clinical humility and judicial vigilance may not be sufficient to restrain the misuse of psychological evaluation, the authors offer three structural changes that would provide a more appropriate use of the skills and talents custody evaluators bring to legal decisions: using custody evaluators in the less adversarial setting of preparing parenting plans; revising the procedures by which custody evaluations are elicited in litigation; and, adopting the approximation standard for child …

Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister

Faculty Works

For so long as it has been important to know what the law is, the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.

Part I of the paper introduces a holistic approach to medium theory - the idea that methods of communication influence social development and ideology - and applies the theory to the development of legal …

Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus

Scholarly Works

Although legal scholars often assume that the history of children's rights in the United States did not begin until the mid twentieth century, this essay argues that a sophisticated conception of children's rights existed a century earlier, and analyzes how lawmakers articulated it through their attempts to define the rights of dependent children. How to handle their cases raised fundamental questions about whether children were autonomous beings or the property of either their parents and/or the state. And, if the latter, what were the limits of parental authority and/or the power of the state acting as a parent? By investigating …

Trademarks Or Copyrights: Which Intellectual Property Right Affords Its Owner The Greatest Protection Of Architectural Ingenuity?, Rashida Y.V. Macmurray

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The End Of Federalism In Telecommunication Regulations?, Douglas C. Sicker

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

High Plains Drifting: Wind-Blown Seeds And The Intellectual Property Implications Of The Gmo Revolution, Stephanie M. Bernhardt

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Ambush Marketing: The Off-Field Competition At The Olympic Games, Jason K. Schmitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Intellectual Property And Genetically Modified Seeds: The United States, Trade, And The Developing World, Haley Stein

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A Comparative Analysis Of The Impact Of Experimental Use Exemptions In Patent Law On Incentives To Innovate, Kevin Iles

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Free Radicals In Cyberspace: Complex Liability Issues In Information Warfare, Meiring De Villiers

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Preserving Internet Expression While Protecting Our Children: Solutions Following Ashcroft V. Aclu, Steven E. Merlis

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Defining The Limits Of The Eu Essential Facilities Doctrine On Intellectual Property Rights: The Primacy Of Securing Optimal Innovation, James Turney

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

In-Line Or Insane? The Federal Circuit's Recent Interpretation Of Festo In Honeywell V. Hamilton Sundstrand, Justin E. Gray

Northwestern Journal of Technology and Intellectual Property

No abstract provided.