Jurisprudence Commons^™

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.

Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep

UIC Law Review

No abstract provided.

Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale

UIC Law Review

No abstract provided.

Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler

UIC Law Review

No abstract provided.

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.

Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera

UIC Law Review

No abstract provided.

Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro A. Malavet

Cleveland State Law Review

In this closing for the LatCrit VIII symposium, I adopt a collective view of the articles, and attempt to develop how the themes discussed in them fit within LatCrit scholarship. I will then interrogate the future of our enterprise by discussing the danger of succumbing to the seduction of the real or perceived need "to reinvent the wheel," or at least to clothe ideas in overly-developed language. Last, the Conclusion discusses how LatCrit scholarship is both promoted and challenged by the articles published here. I further include some suggested institutional responses to the opportunities for mentoring and nurturing that I …

Sacred Visions Of Law, Robert L. Tsai

Faculty Scholarship

Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …

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 …

Therapeutic Jurisprudence And The Law School Asylum Clinic, Ingrid Loreen

St. Thomas Law Review

This paper will explore how law school clinics in general, and asylum clinics in particular, can prepare students for healthier, more satisfied careers in the law by introducing them to one of the comprehensive law movements which has gained popularity in the last decades. By understanding the effects of trauma on their clients and by explicitly addressing issues of empathy, emotional intelligence, and cross-cultural communication, law school clinics, which already complement the traditional legal curriculum in significant ways, will improve and enrich the experience for both the client and the law student.

Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall

Seattle University Law Review

This Article explores one instance of the countermajoritarian problem in American democracy: how to protect the rights of minor parties and independent candidates participating in an electoral system dominated by two major parties. In particular, this Article focuses on the effect of modern ballot access laws on candidates' rights, arguing that courts ought to treat these laws as a presumptively impermissible form of "collusion in restraint of democracy." Although the article borrows the language of antitrust law, this argument is rooted in core constitutional principles and rights guaranteed under the First and Fourteenth Amendments. Nevertheless, the analogy to antitrust law …

Competing Values Or False Choices: Coming To Consensus On The Election Reform Debate In Washington State And The Country, Tova Andrea Wang

Seattle University Law Review

This Article examines the problems revealed in Washington State's election system as a result of its staggeringly close gubernatorial election, and compares such problems to those encountered by other states in the 2004 election. It examines the challenge of fixing these problems through the prism of the ongoing debate over what values and goals are most important when making election administration decisions. The various values and goals of expanding voter access, increasing voter participation and election efficiency, preventing voter fraud, ensuring the count of every vote, and creating finality in the voting system are included in this examination. Throughout this …

Partisanship Redefined: Why Blanket Primaries Are Constitutional, Deidra A. Foster

Seattle University Law Review

In 2003, the Ninth Circuit Court of Appeals rendered a decision that would pave the way for drastic changes in Washington State's election process. In Democratic Party of Washington v. Reed, the court held that Washington's nearly seventy-year-old blanket primary was unconstitutional, and the Supreme Court declined to review the case. The Ninth Circuit professed to be bound by California Democratic Party v. Jones, the Supreme Court case that ruled California's blanket primary unconstitutional just three years earlier, ignoring the argument that Washington's blanket primary differed materially from California's. What followed was a melee of voter disapproval and …

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 …

Race, Trust, Altruism, And Reciprocity, George W. Dent

Faculty Publications

Trust, altruism and reciprocity are attracting growing attention from scholars. Interest began with psychological experiments showing that people often are altruistic, trust others, and reciprocate the benevolence of others far more than economic models of "rational" human selfishness predict. These findings inspired social scientists to discover what factors promote or hinder cooperation. Legal scholars have employed this learning to determine how the law does or could facilitate or discourage cooperation in many contexts, including business transactions and the workplace. The influence of race on cooperation has been studied in specific areas, but so far no one has considered how the …

Law And Who We Are Becoming, Patrick Mckinley Brennan

Villanova Law Review (1956 - )

No abstract provided.

An Alternative Paradigm For Valuing Breach Of Registration Rights And Loss Of Liquidity, Royce De R. Barondes

Faculty Publications

This Article looks to another paradigm to motivate an answer--the exotic financial instruments created on Wall Street. Over the last few decades, a market has developed in assorted sophisticated financial instruments created by unbundling and repackaging various components of traditional securities. Financial engineering, for example, allows the creation of “synthetics.” One court has described “synthetic” securities as follows: “A synthetic transaction is typically a contractual agreement between two counterparties, usually an investor and a bank, that seeks to economically replicate the ownership and physical trading of shares and options.” This Article similarly formulates synthetic rights that, when coupled with the …

Mediation And Justice: What Standards Govern?, Joseph B. Stulberg

Cardozo Journal of Conflict Resolution

I find it challenging to write about mediation and justice for several perplexing reasons. The concept of justice is constitutionally ambiguous; trying to analyze it concretely is a challenging task for both writer and reader. Despite the concept's ambiguity, however, each of us can readily describe situations that instantly appall us for reasons that we intuitively identify as constituting acts or occasions of injustice. The irony then, and hence the challenge, is that we know that the concept of justice is an important phenomenon to address, yet we have difficulty saying something constructive or useful about it.

Symposium: Introduction To A Symposium Celebrating The Twentieth Anniversary Of The Feminism And Legal Theory Project, Pamela Bridgewater

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Feminist Legal Theory, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: A Broader Vision Of The Reproductive Rights Movement: Fusing Mainstream And Latina Feminism, Angela Hooton

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.