Law Commons^™

Adhd And Criminality: A Primer On The Genetic, Neurobiological, Evolutionary, And Treatment Literature For Criminologists, Catrina M. Schilling, Anthony Walsh, Ilhong Yun

Criminal Justice Faculty Publications and Presentations

This paper is a primer on ADHD and its major comorbidities for criminologists unfamiliar with the genetic, neurobiological, and evolutionary literature on the subject. With Unnerver, Cullen & Pratt (2003) we are surprised that criminologists do not pay sufficient attention to a disorder that is found at rates in prisons around the world greatly exceeding in prevalence in the general population. Unnerver, Cullen & Pratt (2003) believe that it is because ADHD research has been carried out primarily by biomedical researchers and that criminologists tend to shy away from anything smacking of biology. We believe that the special expertise of …

Racial Cartels And The Thirteenth Amendment Enforcement Power, Darrell A. H. Miller

Kentucky Law Journal

No abstract provided.

Character Or Code: What Makes A Good And Ethical Lawyer, Donald James Hermann

South Carolina Law Review

No abstract provided.

Can They Do That To Me - Does The Eighth Amendment Protect Children's Best Interests, Maryam Ahranjani University Of New Mexico

South Carolina Law Review

No abstract provided.

The Ineffective Assistance Of Counsel Era, Tom Zimpleman

South Carolina Law Review

No abstract provided.

Snyder V. Phelps: A Hard Case That Did Not Make Bad Law, Paul E. Salamanca

Law Faculty Scholarly Articles

In Snyder v. Phelps, the Court stood by the First Amendment in hard times. A religious group conducted a protest some 1,000 feet from a fallen marine's funeral, holding such pickets as “God Hates the USA,” “Thank God for Dead Soldiers,” and “You're Going to Hell.” Despite the empathy that virtually anyone would feel for the marine's grieving father, the Court held by a vote of eight to one that his action for intentional infliction of emotional distress and intrusion upon seclusion could not survive, owing largely to the public nature of the issues the protesters had raised. “Hard …

Explanatory Synthesis And Rule Synthesis: A Comparative Civil Law And Common Law Analysis, Michael D. Murray

Law Faculty Scholarly Articles

In comparative study of common law and civilian legal analysis, many scholars have noted a convergence in the two systems' use of precedent cases. Although common law legal theory historically has started from a position that judges are fully competent to create law and change the law through their adjudication of cases and the judicial opinions they write, and civilian theory historically has started from a position that judges are not empowered to create and change the law enacted by the legislature but rather are to read and apply the existing law to new cases, the practice of tribunals within …

Uk Law Notes, 2011, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Neighbor-On-Neighbor Harassment: Does The Fair Housing Act Make A Federal Case Out Of It?, Robert G. Schwemm

Law Faculty Scholarly Articles

Does the federal Fair Housing Act (“FHA”) ban harassing statements to a minority family who has just moved into a predominantly white neighborhood? The FHA does contain an antiharassment provision (42 U.S.C. § 3617), and this certainly applies to firebombings and other types of physical assault designed to drive the family out of the area. But does § 3617 also outlaw purely verbal attacks? And if so, how egregious must the remarks be before a federal case should be made out of them? For example, would substituting "Niggers" for "people like you" in the above quote make a difference?

Today, …

Human Drama, Animal Trials: What The Medieval Animal Trials Can Teach Us About Justice For Animals, Katie Sykes

Animal Law Review

The legal system generally does little to protect animals, and one aspect of its inadequacy is a matter of formal structure: under United States and Canadian law, animals are not legal “persons” with an independent right to the protections of the legal system. There are calls to expand the status of animals in the law by providing them with legal standing, the right to be represented by a lawyer, and other formal protections. But, in a way, some of this has happened before. There is a long history, primarily from the medieval and early modern periods, of animals being tried …

2010 Legislative Review, Jenny Keatinge, Richard Myers

Animal Law Review

No abstract provided.

Confined To A Process: The Preemptive Strike Of Livestock Care Standards Boards In Farm Animal Welfare Regulation, Lindsay Vick

Animal Law Review

In recent years, livestock care standards boards have emerged as an innovative way for state agencies to regulate farm animal welfare. Far from improving farm animal welfare, however, these boards are frequently a way to codify existing industry standards. The Ohio Livestock Care Standards Board, for example, had a nominal mission to establish regulations governing the care and well-being of livestock and poultry. Other states have created similar mechanisms for regulating farm animal welfare. This Comment maintains that the Ohio Livestock Care Standards Board regulations merely codify the existing status quo on Ohio factory farms rather than improving the health …

Who The Judge Ate For Breakfast: On The Limits Of Creativity In Animal Law And The Redeeming Power Of Powerlessness, Matthew Liebman

Animal Law Review

Drawing upon various schools of legal thought, this Essay explores how ideological and non-legal factors influence the adjudication process in animal law cases. The Legal Realist and Critical Legal Studies movements highlighted the indeterminacy present in legal doctrine and undermined trust in judges’ ability to arrive at “correct” answers to legal questions. In the midst of such indeterminacy, where legal texts do not predetermine legal outcomes, judges tend to render decisions that are consistent with pervasive societal norms and existing distributions of political power. Starting from these premises, the Author questions whether innovative and creative impact litigation by the animal …

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 18, Issue 1, 2011.

A "Fisheye" Lens On The Technological Dilemma: The Specter Of Genetically Engineered Animals, George Kimbrel, Paige Tomaselli

Animal Law Review

One year ago, the United States Food and Drug Administration (FDA) proposed approval of the first genetically engineered (GE or transgenic) animal for food production—a salmon engineered to grow much faster than normal using genetic material from an ocean pout. Faced with concerns from scientists and the public that these “super” salmon will escape into the wild and be the final blow to wild salmon, proponents crafted a scheme that is half Michael Crichton, half Kurt Vonnegut: The engineered salmon eggs will begin life in a lab on a frozen Canadian island, then be airlifted to a guarded Panamanian fortress, …

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Workplace Harassment In The Academic Environment, Robert J. Tepper, Craig G. White

Saint Louis University Law Journal

Over the last decade, claims of workplace harassment have received greater attention.[1] Sometimes called “workplace bullying,” such harassment is commonly defined as behavior by a perpetrator that may involve repeated verbal abuse, offensive conduct that may threaten, humiliate, or intimidate a target, or efforts to sabotage a target’s performance.[2] As commonly defined, the subject behavior is intentional, results in physical or psychological harm to the target, and makes the target’s job performance more difficult.[3] At times, perpetrators, who may include administrators and faculty members, combine their efforts to abuse and harass the target, a phenomenon known as …

Shortcuts In Employment Discrimination Law, Kerri Lynn Stone

Saint Louis University Law Journal

Are employment discrimination plaintiffs viewed by society and by judges with an increased skepticism? This Article urges that the same actor inference, the stray comment doctrine, and strict temporal nexus requirements, as courts have applied them, make up a larger and dangerous trend in the area of employment discrimination jurisprudence—that of courts reverting to special, judge-made “shortcuts” to curtail or even bypass analysis necessary to justify the disposal or proper adjudication of a case. This shorthand across different doctrines reveals a willingness of the judiciary to proxy monolithic assumptions for the individualized reasoned analyses mandated by the relevant antidiscrimination legislation. …

Criminalizing Hate: America's Legislative Response To Bias Crime, Bryce Therrien, Nadia-Elysse Harris

Tribeca Square Press

No abstract provided.

The Future Of Consumer Arbitration In Light Of Stolt-Nielsen, Terry F. Moritz, Brandon J. Fitch

Loyola Consumer Law Review

No abstract provided.

Adjudicating Insurance Policy Disputes: A Critique Of Professor Randall's Proposal To Abandon Contract Law, Jared Wilkerson

Loyola Consumer Law Review

No abstract provided.

Debt Settlement: New Illinois Law Provides Significant Consumer Relief, Loren G. Renner

Loyola Consumer Law Review

No abstract provided.

Anti-Smoking Legislation: Why Strong Local Legislation & Action Better Protect The Consumer Than Federal Legislation & Action, Eryk Wachnik

Loyola Consumer Law Review

No abstract provided.

Good Health And Low Costs: Why The Ppaca's Preventive Care Provisions May Not Produce Expected Outcomes, Adam Marks

Loyola Consumer Law Review

No abstract provided.

The Informed Consumer Is A Healthy Consumer? - The American Obesity Epidemic And The Federal Menu Labeling Law, Katherine Wilbur

Loyola Consumer Law Review

No abstract provided.

Introducing The Low-Profit Limited Liability Company (L3c): The New Kid On The Block, Cody Vitello

Loyola Consumer Law Review

No abstract provided.

Who Will Protect Chinese Consumers? The Past, Present And Future Of Consumer Protection Legislation In China, Junke Xu

Loyola Consumer Law Review

No abstract provided.

Can You Hear Me Now?: A Look Into The Future Of Cell Phone Carrier Competition, Eryk Wachnik

Loyola Consumer Law Review

No abstract provided.

Documentation? - I Don't Have To Show You Any Stinkin' Documentation - An Evaluation Of The Verification Requirement Of 15 U.S.C. Sec. 1692g(B), Michael D. Slodov

Loyola Consumer Law Review

No abstract provided.

Product Liability And Internet Prevention: The Cpsc Online Consumer Database, Leslie Cornell

Loyola Consumer Law Review

No abstract provided.