Other Law Commons^™

Miranda Warnings And Terry Stops: Another Perspective, Eugene L. Shapiro

Barry Law Review

This article discusses the issue that federal Courts of Appeals have grappled with: whether an investigative stop upon less than probable cause under Terry v. Ohio may sometimes involve a need for Miranda warnings prior to questioning. It is the view of this commentary that post-Berkemer v. McCarty analyses by the Supreme Court concerning the Miranda “in custody” determination have had a singular influence upon judicial developments. There is now a very noticeable trend among the circuits towards the recognition of the appropriateness of Miranda warnings during some Terry stops.

Strange Bedfellows: How The Ncaa And Ea Sports May Have Violated Antitrust And Right Of Publicity Laws To Make A Profit At The Exploitation Of Intercollegiate Amateurism, Andrew B. Carrabis

Barry Law Review

No abstract provided.

When The School Bully Attacks In The Living Room: Using Tinker To Regulate Off-Campus Student Cyberbullying, Karly Zande

Barry Law Review

No abstract provided.

Sanctioning The Ambulance Chaser, Anita Bernstein

Faculty Scholarship

No abstract provided.

Emerging Latina/O Nation And Anti- Immigrant Backlash, Sylvia R. Lazos

Scholarly Works

This foreword is an introduction to the LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage symposium, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of inequality, the market forces of globalization, and the cultural hostility towards outsider groups been more relevant.

Backlash against immigrants, particularly Latina/o “illegals,” is on the rise. This Introduction seeks to outline the challenges that the current immigration quandary …

Fear, Irrationality, And Risk Perception, Henry L. Chambers, Jr.

Law Faculty Publications

This brief commentary makes two points. The first is that fear can play multiple roles in any decision-making process. The second is that accurately determining whether reactions to fear are irrational is a complex task. Though neither point necessarily requires that symposium participants abandon their positions, together they suggest that extreme care is necessary in developing policy prescriptions based on the claim that fear can trigger irrationality.

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.

Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein

Faculty Scholarship

No abstract provided.

Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen

Seattle University Law Review

The article explores the meaning of the rule of law within the American political and legal systems by analyzing the concept in the abstract and its application in President Clinton’s impeachment.

The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.

Thoughts On Some Potential Appellate And Trial Court Applications Of Therapeutic Jurisprudence, Steve Leben

Seattle University Law Review

To date, the application of therapeutic jurisprudence principles has been concentrated mainly on specialized trial courts: drug treatment courts, domestic violence courts, criminal courts, and juvenile and family courts. Its application to trial courts generally, as well as its application to the appellate courts, remains largely unexplored. This Article considers three areas in which trial and appellate courts may want to consider applying therapeutic jurisprudence.

The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers

Seattle University Law Review

Professor Dauer makes two very interesting points about why endorsing a therapeutic jurisprudence (TJ) approach rocks fundamental assumptions about the common law legal system. First, he argues that demonstrating impartiality more than empathy is a practice so entrenched in the system that it cannot be dislodged. Second, he argues that the TJ approach that I advocate in my discussion of the Quebec Secession Reference is more "mediation" than adjudication. I would like to respond to both points and conclude with another example as to how a TJ approach may prove attractive in times of criticism about judicial activism in constitutional …

"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Seattle University Law Review

Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …

Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee

Seattle University Law Review

Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive, …

Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick

Seattle University Law Review

This Article will analyze the antitherapeutic impact of the per curium affirmance (PCA) in two steps. First, delving into the psychology of procedural justice, this Article will explain how litigants value "voice," or the ability to tell their stories, as well as "validation," or the sense that the decisionmaker has heard their words and taken them seriously. Second, this Article, through the use of narrative, will show how a PCA had a negative psychological impact on an actual appellant in a criminal case. The Article will conclude by proposing an alternative to the antitherapeutic PCA.

Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro

Seattle University Law Review

Therapeutic jurisprudence is a relatively young school of thought. One of its major attractions to the academic community has been its claim that society could use the law, both at the legislative and adjudicatory level, to promote the psychological well-being of those affected by the law. In this commentary, I want to share a little known decision of the Supreme Court of Puerto Rico regarding police persecution of political minorities. It is my contention that looking at this decision through the lens of therapeutic jurisprudence, one may discover a serious effort by the court to heal very divisive wounds on …

Cyberspace And The "Devil's Hatband", Jonathan J. Rusch

Seattle University Law Review

In this Article, I maintain that while there is an ongoing conflict of legal traditions over the desirability of fences in cyberspace, there are definite virtues in the creation of such fences, so long as we understand the physical, psychological, and moral dimensions of that process. Part I will present a brief survey of the history of barbed wire in the Old West, paying particular attention to the contending legal traditions that affected the manner and extent of that growth in the West. These contending legal traditions, which related to "fencing in" versus "fencing out" cattle, played a key role …

The Secret Of The Court In The Netherlands, Niels F. Van Manen

Seattle University Law Review

The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have …

Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser

Scholarly Works

No abstract provided.

Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard

Seattle University Law Review

Having recognized that there can be both therapeutic and antitherapeutic effects of judicial decisions, I would like to offer this consideration concerning the use of therapeutic jurisprudence in the appellate courts. In his Article, Therapeutic Jurisprudence in the Appellate Arena, David Wexler asks, "Does the ability to issue advisory opinions enhance a court's ability to create 'therapeutic' doctrines?" As a general rule, courts are not allowed to issue advisory opinions and there are strong reasons for such a prohibition.

Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch

Seattle University Law Review

The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience …

Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli

Seattle University Law Review

First, this Article will discuss schizophrenia and its impact on these individuals and their families. Family variables in the course of the disorder will be highlighted. Then, this Article will review the legal power afforded such families by ex parte provisions in civil commitment statutes using the involuntary examination portion of the Florida mental health code as a model. Finally, this Article will assess this system of civil commitment available to care-giving families in therapeutic jurisprudential terms, with recommendations for maximizing the therapeutic consequences and minimizing the antitherapeutic consequences of ex parte procedures.

Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton

Seattle University Law Review

This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.

The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon

Seattle University Law Review

This Article will suggest that TJ has occasionally been part of the United States Supreme Court's jurisprudence. The Court sometimes finds itself at the center of deeply-divisive national controversies. On those occasions, the opinion of the Court can, and ought to, play a role in healing the nation's controversy-inflicted wounds. The Court should consciously craft an opinion that speaks to the American people as a whole and that calls on every citizen, regardless of the fervency of his or her beliefs, to accept the resolution of the controversy offered by the Court. During such crises, citizens are unlikely to accept …

Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo

Seattle University Law Review

This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.

Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani

Seattle University Law Review

This Article begins with a modest objective and ends with an ambitious one. First, it asserts that appellate courts are an appropriate forum for considering the therapeutic impact of the law strand of therapeutic jurisprudence (TJ) scholarship. TJ's character as a "field of social inquiry" is especially suited to the appellate courts' task of formulating new rules of law and choosing among competing policy objectives when resolving opposing normative principles.

A Sea Change In The Appellate Process?, Gerald W. Vandewalle

Seattle University Law Review

Professor David Wexler's essay is certain to engender a sense of fear in appellate judges by its very suggestion that we should undertake such a sweeping reform of the appellate process. But the suggestions should-and will-beget the gnawing feeling that Professor Wexler's analysis of the articles by Professors Nathalie Des Rosiers and Amy Ronner, as well as the questions he poses, require us to explore these ideas further. For those of us who follow the "no advisory opinions" we might stop there. For thotshee acpapneolnl aotef courts who use a screening process to divert cases to an alternative dispute resolution …

An Old Jurisprudence: Respect In Retrospect, Anita Bernstein

Faculty Scholarship

No abstract provided.

Notre Dame Lawyer - Fall/Winter 1996, Notre Dame Law School

Notre Dame Lawyer

Oh! To Be in England ...

Living and Learning Law in London

Law Can't Do Morality's Job

Keeping the Faith

Faculty Profile: John Mitchell Finnis

After Hours
Dean David T. Link and Habitat for Humanity

Alumni Profiles
Patrick McCartan and Scott Medlock

Student Profiles
The Road Less Travelled

The Kresge Law Library-Progress and Challenges

Justice Blackmun And Securities Arbitration: Mcmahon Revisited, James A. Fanto

Faculty Scholarship

No abstract provided.