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Full-Text Articles in Law and Society

Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda Jan 2020

Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda

NYLS Law Review

No abstract provided.


Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, Erika Vranizan Jan 2020

Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, Erika Vranizan

Seattle University Law Review

This Note argues that the O’Dell decision was a watershed moment for criminal justice reform. It argues that the reasoning in O’Dell should be seized upon by the legislature to take action to remediate instances in which defendants are legal adults but do not possess the cognitive characteristics of an adult sufficient to justify adult punishment. Given both the scientific impossibility of identifying a precise age at which characteristics of youthfulness end and adulthood begins and the Court’s repeated recognition that these very factors impact culpability, the current approach to sentencing young offenders aged eighteen to twenty-five as adults simply …


Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford Jan 2020

Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford

Loyola of Los Angeles International and Comparative Law Review

Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …


Say “No” To Discrimination, “Yes” To Accommodation: Why States Should Prohibit Discrimination Of Workers Who Use Cannabis For Medical Purposes, Anne Marie Lofaso, Lakyn D. Cecil Jan 2020

Say “No” To Discrimination, “Yes” To Accommodation: Why States Should Prohibit Discrimination Of Workers Who Use Cannabis For Medical Purposes, Anne Marie Lofaso, Lakyn D. Cecil

Seattle University Law Review

This Article addresses the question of how the law should treat medical cannabis in the employment context. Using Colorado as a primary example, we argue that states such as Colorado should amend their constitutions and legislate to provide employment protections for employees who are registered medical cannabis cardholders or registered caregivers.

Part I briefly traces the legal regulation of cannabis from an unregulated medicine known as cannabis to a highly regulated illicit substance known as marijuana under the Controlled Substances Act. Our travail through this history reveals, unsurprisingly, an increasing demonization of cannabis throughout the twentieth century. That socio-legal demonization …


Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Mindsets In Legal Education, Victor D. Quintanilla, Sam Erman Jan 2020

Mindsets In Legal Education, Victor D. Quintanilla, Sam Erman

Articles by Maurer Faculty

If you teach 1Ls, you may share the following concern. At the start of each year, we meet enthusiastic and successful students who are passionate about law. They arrive on campus invested in learning, ready to work hard, and eager to participate in class. But trouble brews soon thereafter. Students worry whether they have what it takes to do well, whether they will fit in, and whether they belong in law school. Answering questions in class, many sense (rightly or wrongly) that their professors and peers think that they aren’t smart and that they will not do well. When they …


Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres Jan 2020

Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres

Faculty Scholarship

No abstract provided.


New Brunswick Needs A Public Inquiry Into Systemic Racism In The Justice System: Nova Scotia Shows Why, Naiomi Metallic Jan 2020

New Brunswick Needs A Public Inquiry Into Systemic Racism In The Justice System: Nova Scotia Shows Why, Naiomi Metallic

Articles, Book Chapters, & Popular Press

No abstract provided.


Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, Jedediah S. Purdy, David Singh Grewal, Amy Kapczynski, K. Sabeel Rahman Jan 2020

Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, Jedediah S. Purdy, David Singh Grewal, Amy Kapczynski, K. Sabeel Rahman

Faculty Scholarship

We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it …


How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding Dec 2019

How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding

Brooklyn Journal of International Law

This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …


Law School News: Broadening The Perspective 12/04/2019, Michael M. Bowden Dec 2019

Law School News: Broadening The Perspective 12/04/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb Dec 2019

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb

UIC Law Open Access Faculty Scholarship

No abstract provided.


Access To Law Or Access To Lawyers? Master’S Programs In The Public Educational Mission Of Law Schools, Mark Edwin Burge Nov 2019

Access To Law Or Access To Lawyers? Master’S Programs In The Public Educational Mission Of Law Schools, Mark Edwin Burge

University of Miami Law Review

The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This Article argues that non-lawyer master’s programs …


Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden Nov 2019

Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden Nov 2019

Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Aals Honors Barron With Major Pro Bono Award 11/14/2019, Michael M. Bowden Nov 2019

Law School News: Aals Honors Barron With Major Pro Bono Award 11/14/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish Nov 2019

Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish

Austen Parrish (2014-2022)

The students at the Indiana University Maurer School of Law come to Bloomington from all over the nation. During their summers, the temptation is for them to work in the country’s largest cities, often with the majority working in Indianapolis, Chicago, Washington, D.C., and New York. Many others work in our innovative Stewart Fellows global internship program, where students are placed in countries throughout the world.

Fewer students, however, choose to work in Indiana’s smaller towns, and the hundreds of trial court judges working there often need help. Many trial courts have crowded dockets and limited staffing, particularly those in …


Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden Nov 2019

Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson Nov 2019

The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson

Articles by Maurer Faculty

"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."

--

You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.

The next line reads, “I’m thinking about going to law school.”

Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?

Whatever your counsel, …


Law School News: Rwu Law Marine Programs Included In $1.2m Aquaculture Research Grant 10-07-2019, Michael M. Bowden Oct 2019

Law School News: Rwu Law Marine Programs Included In $1.2m Aquaculture Research Grant 10-07-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Professional Resistance Of Lawyers: Defending Human Rights And The Rule Of Law In Hong Kong After Umbrella Movement, Yan-Ho Lai Oct 2019

Professional Resistance Of Lawyers: Defending Human Rights And The Rule Of Law In Hong Kong After Umbrella Movement, Yan-Ho Lai

Biennial Conference: The Social Practice of Human Rights

Purpose: Against the backdrops of deteriorating human rights protections and the rule of law after the unprecedented Umbrella Movement in Hong Kong, this paper investigates the roles and impacts of mobilised legal profession in resisting China’s authoritarian rule over and defending domestic human rights regime in Hong Kong. This paper argues that, despite the legal profession of Hong Kong becomes further divided under the political and economic statecraft, lawyer activism as a professional resistance becomes a new force to resist the political intervention of the rule of law as well as deepening the cultural and institutional foundations of the rule …


Law School News: Meet Rwu Laws New Director Of Diversity, Michael M. Bowden Oct 2019

Law School News: Meet Rwu Laws New Director Of Diversity, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb Oct 2019

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …


The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott Oct 2019

The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott

St. Mary's Law Journal

The Honorable Greg Abbott, Governor of the State of Texas, issued a certificate in 2019 recognizing the 50th Anniversary of the St. Mary's Law Journal and their contribution to the legal profession.


Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Oct 2019

Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Paradox Of Minority Attorney Satisfaction, Milan Markovic, Gabrielle Plickert Sep 2019

The Paradox Of Minority Attorney Satisfaction, Milan Markovic, Gabrielle Plickert

Faculty Scholarship

A substantial literature documents the challenges faced by minority attorneys in the legal profession, ranging from underrepresentation in prestigious practice settings and lower incomes to discrimination from fellow lawyers, clients, and judges. In light of the foregoing, one would expect minority attorneys to regret their decisions to attend law school and become lawyers. Yet, empirical research indicates that minority attorneys are predominately satisfied with their decision to become attorneys and that their satisfaction is on par with that of white attorneys. How to account for this seeming paradox?

Drawing on data from a large cross-section of Texas lawyers, this is …


Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden Sep 2019

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden Sep 2019

Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig Sep 2019

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig

Law Faculty Scholarship

Will Artificial Intelligence (AI) replace human lawyering? The answer is no. Despite worries that AI is getting so sophisticated that it could take over the profession, there is little cause for concern. Indeed, the surge of AI in the legal field has crystalized the real essence of effective lawyering. The lawyer’s craft goes beyond what AI can do because we listen with empathy to clients’ stories, strategize to find that story that might not be obvious, thoughtfully use our imagination and judgment to decide which story will appeal to an audience, and creatively tell those winning stories.

This article reviews …