Jurisprudence Commons^™

Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Fact, Value And Action In Nonconceptual Jurisprudence, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Effectuating Censorship: Civic Republicanism And The Secondary Effects Doctrine, 35 J. Marshall L. Rev. 189 (2002), Brandon K. Lemley

UIC Law Review

No abstract provided.

The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano

UIC Law Review

No abstract provided.

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

UIC Law Review

No abstract provided.

Jurisdictional Gerrymandering - Responding To Holmes Group V. Vornado Air Circulation Systems, 36 J. Marshall L. Rev. 1 (2002), Molly Mosley-Goren

UIC Law Review

No abstract provided.

Freedom Of The Private-University Student Press: A Constitutional Proposal, 36 J. Marshall L. Rev. 139 (2002), Brian J. Steffen, John E. Ferguson

UIC Law Review

No abstract provided.

Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson

UIC Law Review

No abstract provided.

Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan

UIC Law Review

No abstract provided.

Extending The Revisionist Project, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Missing Jurisprudence Of Merit, 11 B.U. Pub. Int. L.J. 141 (2002), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Court Review: Volume 38, Issue 4 - Age Differences Among Judges Regarding Maternal Preference In Child Custody Decisions, Leighton Stamps

Court Review: Journal of the American Judges Association

Over the last 30 to 40 years, sweeping changes have occurred in societal attitudes toward divorce. These changes have been reflected in the laws governing divorce and child custody as well as in the increasing rate of divorce in the United States. Just as divorce laws have changed, making the divorce process much less difficult, there have also been dramatic changes in custody and visitation statutes. From the mid-1800s until the 1960s, maternal preference was the general rule in the large majority of judicial custody decisions. During this period, the mother’s “natural ability” to nurture the child was considered as …

Court Review: Volume 38, Issue 4 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 4 - Illinois V. Wardlow: The Empowerment Of Police, The Weakening Of The Fourth Amendment, Pamela Richardson

Court Review: Journal of the American Judges Association

The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a probable cause showing in order to obtain a warrant before conducting such searches. Since the United States Supreme Court decided Terry v. Ohio in 1968, however, the words of the Fourth Amendment have been questioned and the rights of the individual challenged. When the Court decided Illinois v. Wardlow in 2000, it was made clear that the words once written to protect all Americans do not pertain to those residing in locations deemed “highcrime areas.”

Court Review: Volume 38, Issue 4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 4 - Index Of Volume 38

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 4 - The Changing Role Of A Judge And Its Implications, Roger Hanson

Court Review: Journal of the American Judges Association

There is a lot of talk these days about the role of a judge, especially among trial court judges. Frequently the discussion is framed in terms of whether the judiciary should be expected to behave in one of two polar-opposite ways. Should they be primarily almost aloof finders of fact, impartial and nearly devoid of intimate contact with and knowledge of litigants and their circumstances? Or should they be one of many possible partners to a diagnostic, therapeutic oriented response process to ameliorate underlying and messy problems of litigants? These choices confront judges with the creation and development of drug …

Court Review: Volume 38, Issue 4 - Saving The State Justice Institute, Jose Dimas

Court Review: Journal of the American Judges Association

Last fall, Congress seriously undermined efforts to strengthen and improve state court systems. The appropriations bill for FY 2002 funded the State Justice Institute (SJI) at $3 million and called for its demise by September 30, 2003.
SJI is the only federal institution dedicated to improving the state court systems. It does this primarily by funding national-scope court projects and the awarding of educational scholarships to court personnel. A national effort led by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) is under way in the court community to reverse this decision and gain …

Court Review: Volume 38, Issue 4 - Editor's Note

Court Review: Journal of the American Judges Association

In the lead article in this issue, court consultant Roger Hanson examines the implications of the changing role of the judge. He rightly notes that judging today is not exactly what it was 30 years ago and asks how changes in the perceptions of the proper judicial role have affected the behavior of judges. For most of us, we tend to do our jobs on a daily basis without conscious thought about the various roles we play (e.g., law applier, mediator, policy maker), let alone the expectations of others about our performance of each of those roles. Although Hanson draws …

Court Review: Volume 38, Issue 4 - Drug Treatment Programs: Policy Implications For The Judiciary, Arthur H. Garrison

Court Review: Journal of the American Judges Association

Drug use in the United States has been cited for the growth in American prisons over the past decade. Heroin, once considered a drug to be avoided and scorned, has had resurgence in use by middle-class youth and white-collar professionals due to the increased purity of the drug and the lack of need to use needles for ingestion. Naltrexone has been used as a method of helping heroin addicts to end their drug dependency, but such programs have limitations in their use and effectiveness. This paper is drawn from an evaluation of a drug treatment program in Wilmington, Delaware. The …

Court Review: Volume 38, Issue 4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 4 - President's Column, Bonnie Sudderth

Court Review: Journal of the American Judges Association

Zeal and tunnel vision replace the cool detachment that law school instills. Just as a doctor should never self-diagnose, a lawyer, too, should not self-represent. This point was never driven home more for me than when, at the end of a lengthy jury trial of a boring commercial dispute involving a self-represented attorney, a juror asked me, “Does he beat his wife?” Not only had the attorney done a poor job in representing himself (he lost), but his over-passionate arguments and extreme positions left the jurors with the distinct impression that he was emotionally unstable, perhaps even dangerous.

Natural Law And Public Reasons, Kent Greenawalt

Villanova Law Review (1956 - )

No abstract provided.

Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss

Faculty Scholarship

No abstract provided.

Introduction: Favorite Insurance Cases Symposium, Jeffrey W. Stempel

Scholarly Works

Insurance law scholars and teachers sometimes feel, with a mixture of paranoia and justification, that insurance law simply does not receive its proper respect in the hierarchy of legal education and law generally.

Consider the law school curriculum. In none of America’s nearly 200 ABA-approved law schools in insurance law a required course. Nor is it considered a course that, although not required, prudent students “must” be sure to take before they graduate (e.g. Evidence, Corporations). Enrollments may be respectable but the class is seldom oversubscribed, even where the law school is located in an insurance hub city. Although other …

Does It Take A Village - Privatization, Patterns Of Restrictiveness And The Demise Of Community, Paula A. Franzese

Villanova Law Review (1956 - )

No abstract provided.

In The Interest Of The Client: Why Reform Of Texas's Rules Regarding Referral Fees Is Necessary., Samuel V. Houston Iii

St. Mary's Law Journal

Texas needs to reform its policy concerning referral fees. In Texas, an attorney is permitted to receive a fee for providing a referral to another attorney. In Brewer & Pritchard, P.C. v. Johnson, for example, the forwarding attorney received a referral fee for $3 million dollars. Proponents of referral fees argue that clients are better represented because referring attorneys have a greater economic incentive to seek out more capable attorneys. On the other hand, referring attorneys may also have the incentive to seek out attorneys who pay higher referral fees rather than those most qualified. In the end, the referred …

Textual Imagination, Mary D. Fan

Articles

Textualism's revival illuminated the judicial imagination at play behind the search for congressional intent through legislative history. The Supreme Court’s decision in Buckhannon Board & Care Home v. West Virginia Department of Health & Human Resources shows the Supreme Court’s mounting disregard for legislative history and concomitant attempt to erect replacement canons of statutory construction to guide textual interpretation. The opinion privileged a canon of statutory construction over the legislative record of congressional intent. Of more imminent and practical impact, Buckhannon invalidated the catalyst theory of awarding plaintiff’s fees to “prevailing parties” under statutes authorizing private attorneys general to bring …

Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinarity, Michael Townsend

Articles

This Article considers interdisciplinarity and the legal curriculum in the context of probability and statistics. Section D of Part II begins the discussion by sketching some multidisciplinary, pluridisciplinary, interdisciplinary, and transdisciplinary approaches. Part III is the workhorse of this Article. The particular example used here is the well-known jury discrimination case of Castaneda v. Partida as described in Section A. This "case study" provides the basis for a crossdisciplinary experience that offers students an opportunity to think about law as a discipline. It is difficult for students to step back and look at law as a discipline when there is …

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna

St. Mary's Law Journal

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …