Law Commons^™

Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin

Osgoode Hall Law Journal

Were the last 30 years of feminist law reform activity around criminal justice misdirected? Or, if not misdirected, have the efforts been appropriated and manipulated by the New Right? This commentary reflects on this history, and on the failures of the retributive justice project generally, and argues for a reexamination of both. The discussion focuses on the tactics of the New Right and on the retributive goals of some victims' rights organizations as a means of highlighting the unintended consequences of key feminist initiatives around violence against women. Finally, the commentary identifies alternatives to retribution and a need for careful …

Law, Language And Lenity, Lawrence Solan

Faculty Scholarship

No abstract provided.

The Ban On Welfare For Felony Drug Offenders: Giving A New Meaning To 'Life Sentence', Cynthia Godsoe

Faculty Scholarship

No abstract provided.

We're All Capitalist Now: The Importance, Nature, Provision And Regulation Of Investor Education, James A. Fanto

Faculty Scholarship

No abstract provided.

The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel Gora

Faculty Scholarship

No abstract provided.

The Role Of Corporate Law In French Corporate Governance (Reprinted In The Legal Basis Of Corporate Governance In Publicly-Held Corporations: A Comparative Approach (A.R. Pinto & G. Visentini Eds. 1998)), James A. Fanto

Faculty Scholarship

No abstract provided.

Harmonizing The Law Governing Secured Credit: The Next Frontier, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to briefly discuss the experience of Mexicans and their Mexican-American heirs in litigating their rights under the Treaty of Guadalupe Hidalgo. It seeks to ask whether there may be any parallels and possible lessons to be learned from the litigation experience of Mexican claimants under the earlier Treaty for the NAFTA parties - especially Mexico - as the NAFTA parties engage in dispute resolution.

Part II of this article sets out the background of the Treaty, including a brief review of the United States-Mexican War. It describes the terms of the Treaty and observes that Mexico had …

The Role Of New Federalism And Public Health Law, James G. Hodge Jr.

Journal of Law and Health

To understand the impact of new federalism on the field of public health law, I explore the development of the interrelated concepts of federalism, state police powers, and public health over time. This article concentrates on the theoretical and legal meanings of these concepts in American jurisprudence. Part II further defines the concept of federalism and its relation to the field of public health law. Part III thoroughly examines the traditional nature of the states' police powers as sources of state authority for public health laws and the corresponding localization of public health goals. The rise of the federal role …

Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak

Journal of Law and Health

Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …

What We're Not Telling Law Students - And Lawyers - That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger

Journal of Law and Health

Part I of this article sets forth a generally encouraging set of propositions about student and attorney life that I have found to be true. If they are, law students and lawyers need to hear them repeatedly. They collectively represent an approach to life and law which, to the extent it is internalized, can increase life satisfaction, raise standards of professional behavior, and relieve many of the kinds of distress that law students and lawyers are prone to experience. Some students seem to bring much of this information with them to law school years and after, do not lose sight …

Pitfalls In Diagnosis Of Occupational Lung Disease For Purposes Of Compensation - One Physician's Perspective , Lawrence Martin

Journal of Law and Health

Ideally, the fact that diagnosis of OLD involves the legal profession should not affect a physician's objectivity or clinical approach. Physicians have an obligation to help assure that deserving patients receive compensation, and that claimants without a compensable occupational illness are not unjustly rewarded. However, the attorney's need to prove a diagnosis "with medical certainty," and the defendant's needs to refute that diagnosis with equal certainty, often skew what would otherwise be a straightforward diagnostic process. Resulting pitfalls in diagnosis can, in the end, trap the physician advocate and the side he is trying to help.

International Response To Dolly: Will Scientific Freedom Get Sheared , Melissa K. Cantrell

Journal of Law and Health

This Comment will discuss the current threat to scientific freedom posed by absolute bans on human cloning. Parts II and III discuss the response of the United States and the international community to Dolly. Part IV discusses the legal position of scientific freedom in the U.S. and abroad. Finally, Part V will posit that a total ban on human cloning infringes on the freedom of scientific inquiry, and endangers the public by encouraging the establishment of black market cloning clinics.

Race For Perfection: Children's Rights And Enhancement Drugs, Therese Powers

Journal of Law and Health

This Note will address the question of what are a child's rights when the child's views differ from his or her parents regarding the child's use or refusal of enhancement drugs such as Ritalin and Human Growth Hormone. This Note will begin with a description of Ritalin and Human Growth Hormone along with the uses and abuses of each drug. It will then discuss the evolution of children's rights dealing with situations such as civil commitment, abortion, and medical treatment over religious objection. Furthermore, it will draw comparisons from the case law in these situations to a child's right to …

Volume 49 Issue 1 (1998), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Electronic Mail And Confidential Client-Attorney Communications: Risk Management, Colleen L. Rest

Case Western Reserve Law Review

No abstract provided.

Tales Of Sexual Panic In The Legal Academy: The Assault On Reverse Incest Suits, Edward Greer

Case Western Reserve Law Review

No abstract provided.

Sentenced For A Crime The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin Priester

Journal Publications

The tension between the two principles set out above is an unresolved dilemma for the United States Supreme Court. On the one hand, not every fact relevant to sentencing a criminal defendant warrants the Constitution's full criminal procedure protections. On the other hand, if those protections apply only to the facts selected by the legislature to determine guilt or innocence, the sentencing proceeding may overwhelm the trial in importance because the sentencing facts will determine the defendant's fate to a far greater extent. Justice Scalia described this tension bluntly: Suppose that a State repealed all of the violent crimes in …

Utah V. Marvin Newell Green : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM AN ORDER DISMISSING COUNTS OF POSSESSION OF COCAINE IN A DRUG FREE ZONE, AN ENHANCED SECOND DEGREE FELONY, AND POSSESSION OF PARAPHERNALIA IN A DRUG FREE ZONE, AN ENHANCED CLASS A MISDEMEANOR, IN THE FOURTH JUDICIAL DISTRICT, THE HONORABLE RAY M. HARDING, PRESIDING

State Of Utah V. John K. Provence : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellee

Carla K. Parker V. Dale S. Parker : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM DECREE OF DIVORCE AND ORDERS IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE SANDRA N. PEULER PRESIDING

Victor E. Shade V. Delores C. Shade : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

RESPONSE TO AN APPEAL FROM A DECISION OF THE THIRD DISTRICT COURT OF SALT LAKE COUNTY, UTAH HONORABLE WILLIAM A THORNE

State Of Utah V. Pam Kay Barrett : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A CONVICTION OF ONE COUNT OF INTENTIONAL OR KNOWING POSSESSION OF METHAMPHETAMINE, A SECONDDEGREE FELONY UNDER UTAH CODE § 58-37-8(2) (1998); FOUR COUNTS OF THIRD-DEGREE FELONY BURGLARY UNDER UTAH CODE ANN. § 76-6-202 (1995) AND TWO COUNTS OF THIRD-DEGREE FELONY UNDER UTAH CODE ANN. § 76-6-404 (1995), IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE JUDGE ROGER S. DUTSON, PRESIDING

Carla K. Parker V. Dale S. Parker : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A DECREE OF DIVORCE AND ORDERS IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE SANDRA N. PUELER PRESIDING.

Workmen's Auto Insurance Company V. Chubb Customer Center, Inc., Dba Chubb Group Of Insurance Companies : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

WORKMEN'S AUTO INSURANCE COMPANY'S PETITION FOR REHEARING

APPEAL FROM THE JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE WILLIAM W. BARRETT, PRESIDING

Steven Whited V. Utah Department Of Human Services And The Career Service Review Board: Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A STATE OF UTAH CAREER SERVICE REVIEW BOARD DECISION AND FINAL AGENCY ACTION

Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Enforcement And The Evolution Of Cooperation, George W. Downs

Michigan Journal of International Law

The purpose of this article is to broadly characterize the political economy or institutionalist theory of enforcement and to present data that is at least a first step toward evaluating the managerial and transformationalist critiques. The first section will present a short, schematic summary of the role of enforcement as it is currently viewed in the "new institutions" or political economy literature in international relations. While doubtless familiar to many readers, this is an important point of departure. A notable portion of the debate about the role of enforcement continues to stem from differences in terminology and from the fact …

Conceptual, Methodological And Substantive Issues Entwined In Studying Compliance, Harold K. Jacobson

Michigan Journal of International Law

In his insightful introduction to this collection Jose E. Alvarez refers to the popularity of studies of "why nations behave." He explains this popularity as a response to the increasing waves of international regulation that have occurred during the closing years of the twentieth century, regulation that frequently involves issues previously left to nation states. As one who has been a participant over the past decade in an effort to discover answers to the question that Alvarez put so clearly, the author is pleased by the broad interest that the subject has gained and feels privileged to have an opportunity …

Force Without Law: Seeking A Legal Justification For The September 1996 U.S. Military Intervention In Iraq, Gavin A. Symes

Michigan Journal of International Law

This note concludes that none of the various legal arguments offered in support of the September 1996 military intervention against Iraq adequately justifies U.S. actions under international law and that in fact international law was never a real concern in planning, implementing, or even justifying the intervention. Part I relates the general history of the "Kurdish problem" and the particulars of the incident under scrutiny. This Part then goes on to describe the aftermath of the intervention and its failure to achieve any of the stated goals of the United States. Part II addresses the general validity under international law …