Social and Behavioral Sciences Commons^™

Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.

San Diego Law Review

This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …

Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt

San Diego Law Review

This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.

Beyond Religion And Enlightenment, Charles Larmore

San Diego Law Review

This Article addresses the theory that modern society is beyond religion. The author reasons that secularization is the result of Judeo-Christian monotheism. God's transcendence has led to his withdrawal from the world and thus to the autonomy of the world. The author analyzes such views and addresses the reasons for morality in modern society; whether it stems from belief in God, or a modern view that God is not necessary in order to have morality.

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …

Division On Women And Crime Award For Outstanding Contributions, Constitution, And By-Laws, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert

Articles

The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …

The Suspect Population And Dna Identification, Richard O. Lempert

Articles

Forensic DNA analysis typically proceeds by first determining whether alleles (one of two or more alternative forms of a gene) found in DNA apparently left by the perpetrator of a crime at a crime scene (the "evidence sample") match alleles extracted from a sample of the suspected criminal's blood (the "suspect sample"). If alleles drawn from the two sources match, the next step is to provide information about the probative value of the match by estimating the probability that alleles extracted from the blood of some random individual would have matched the alleles in the evidence sample. Thinking in terms …

An Examination Of The Current Status Of Rating Agencies And Proposals For Limited Oversight Of Such Agencies, Francis A. Bottini Jr.

San Diego Law Review

This Comment analyzes the market for ratings of both financial securities and insurance companies, and finds significant problems with rating agencies, such as lethargy in changing ratings, political influence, unsolicited ratings, and inaccurate ratings. To ensure that the federal securities laws continue to protect investors, this Comment recommends limited oversight of rating agencies. It proposes that Congress enact legislation granting the Securities and Exchange Commission explicit authority to mandate that all nationally recognized statistical rating organizations register with the SEC, and to establish minimum standards for their designation. Finally, the Comment examines First Amendment concerns associated with the regulation of …

A Critical Analysis Of Joint Board Policy At The Federal Energy Regulatory Commission, Frank P. Darr

San Diego Law Review

The Federal Power Act authorizes the use of joint boards to solve federal-state coordination problems. This Article is a critical analysis of the Federal Energy Regulatory Commission's (Commission) refusal to incorporate regional state boards in decision-making policies. The author suggests that this policy of division between the federal and state authorities is not consistent with the Commission's legislative mandate from Congress. He recommends that the Commission accommodate state desires for participation in those matters in which the balance of political needs favors coordinated action. This Article critiques the rationales offered by the Commission for avoiding the use of joint boards, …

Police Stress: A Literature Study On Police Occupational Stressors And The Responses In Police Officers To Stressful Job Events, Katarina Ahlstrom Mannheimer

Dissertations and Theses

The present paper is a literature study of stressors and the responses in police officers to occupational stressors. It endeavors to identify and assess common stressors in policing. It further aims to provide an answer to the question of whether police administrative tasks and situations, or the dangerous and traumatic events and situations inherent in policing, are perceived as equally or more stressful by surveyed police officers. The question is relevant as there seems to be disagreement among researchers on police stress about which elements (administrative or dangerous and/or traumatic) of the police occupation is more stressful. Much attention has …

Waco Tragedy Product Of Groupthink, Aubrey Immelman

Psychology Faculty Publications

This opinion column employs the eight symptoms of groupthink specified by Irving Janis to evaluate whether the tragic end to the 1993 FBI siege of David Koresh’s Branch Davidian compound near Waco, Texas — which culminated in deaths of 76 civilians — could have been the product of groupthink.

Rejoinder: Advances In The Analysis, Marshall S. Shapo

San Diego Law Review

This brief Rejoinder addresses two levels of issues: broad questions involved in the effort to establish a critical overview of injury law and questions more precisely bound up with products liability law. The author lauds the Reporters' Study on Enterprise Responsibility for Personal Injury on its significant contribution to academic debate in this country, and for its openness to a competition of many divergent ideas in the context of organizational culture. Despite the problems that this author noted in his first Article in this symposium, he recognizes the achievement of the Study, and the genuine advance that it provides in …

Comments On The Reporters' Study Of Enterprise Responsibility For Personal Injury, Jerry J. Phillips

San Diego Law Review

This Article critiques the substantive law and damage proposals of the Reporters' Study on Enterprise Liability, which was published in 1991 by the American Law Institute. Contrary to the Reporters' recommendations, the author proposes retaining the consumer expectations test and strict liability for product suppliers. He argues that it is not practical to shift medical malpractice liability, as proposed by the Study, from doctors to hospitals. In the area of damages, the author proposes retaining the rules of recovery for pain and suffering, punitive damages, and the collateral source rules essentially as they are now, instead of adopting the changes …

An Ali Report Markets A Defective Product: Errors At Retail And Wholesale, Marshall S. Shapo

San Diego Law Review

This Article analyzes a chapter in the Reporters' Study on Enterprise Responsibility for Personal Injury, the chapter titled "Product Defects and Warnings." The author is highly critical of the Study, noting its lack of depth of historical focus, its failure to take existing doctrine with sufficient seriousness, and its deficiencies in both terminology and analysis. The author argues that the Study fails to give sufficient weight to competing points of view, and that it consistently fails to present specific and relevant applications. The author concludes that the Study itself is a defective product.

The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: A Timely Call For Punitive Damages Reform, Victor E. Schwarz, Mark A. Behrens

San Diego Law Review

This Article focuses on the Reporters' Study on Enterprise Responsibility for Personal Injury, specifically the Reporters' recommendations for punitive damages reform. The Article discusses the Study's analysis of the need for punitive damages reform, with which the author agrees. The Article also discusses the Study's recommendations concerning reform of the standard by which punitive damages should be awarded, recommendations to set reasonable limits on the size of punitive damage awards, and the recommendation of a shield against punitive damages for products that comply with federal regulatory standards. The authors find that generally the recommendations are fair and reasonable. They believe …

A Lost Opportunity: A Review Of The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Chad M. Oldfather

San Diego Law Review

This is a critical analysis of the Reporters' Study on Enterprise Responsibility for Personal Injury. Although recognizing that the Study is comprehensive and well researched, the authors express disappointment at the lack of vision contained in the Study. They find that the authors of the Study failed to find their way out of the maze of the tort system, and in exploring so many nooks and crannies they become lost in the details, rather than looking at the big picture. The authors of this Article provide a brief overview of the Study, and proceed with analysis. They conclude that the …

The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Perspectives On The Tort System And The Liability Crisis

San Diego Law Review

In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …

The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Reforming The Tort System

San Diego Law Review

In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …

Who Pays In The End For Injury Compensation - Reflections On Wealth Transfers From The Innocent, Alfred F. Conard

San Diego Law Review

This Article recognizes that the people who actually pay for tort judgments are generally not the wrongdoers, but the enterprises that have employed or insured the tortfeasors, or purveyed the faulty products. The enterprises then recover their expenditures by charging higher prices to their consumers, or by reducing the benefits that they confer on investors, workers, and the general public. The consumers, the workers, the public, and the investors are the innocent human beings who contribute to paying for tort judgments. This Article addresses what kinds of losses justify forcing the innocent to contribute, and suggests reforms that seem to …

Depreciation Of Intangibles: An Area Of The Tax Law In Need Of Change, Allen Walburn

San Diego Law Review

Under tax law in 1993, depreciation of many purchased intangibles was denied on the theory that they have an unlimited, or at least indeterminate life. However, many taxpayers challenged this theory on the ground that intangibles are subject to wear and tear like any other asset. This Comment argues that the imprecise factual nature of this issue has led to unnecessary complexity and uncertainty, a great burden on the courts, and unfair treatment of taxpayers. The Comment analyzes justifications for the depreciation of goodwill and other intangibles in the nature of goodwill. It examines possible solutions to these problems with …

Divisionews (Spring 1993/ Vol. 7, No. 1), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

The Dwc News (Spring, 1993/ Volume 7, Number 1), American Society Of Criminology. Division On Women And Crime, Waveland Press Inc

Division on Women and Crime Documents and Correspondence

No abstract provided.

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.

Regulation Of Physician Self-Referral Arrangements: Is Prohibition The Answer Or Has Congress Operated On The Wrong Patient, Christian D. Humphreys

San Diego Law Review

Rapidly increasing health care costs have created a national crisis. Perceiving physician referral behavior as the principal cause, Congress and several state legislatures have prohibited certain referrals. This Comment analyzes the data that spawned such legislation and critiques prohibition of referrals as a solution to the crisis. The Comment asserts that the prohibition remedy is overly broad and largely ineffective. The author recommends a more farsighted solution, such as the creation of a prepaid physician compensation system. The author argues that such a system would minimize the incentive to make unnecessary referrals while simultaneously reducing the level of health care …

County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer

San Diego Law Review

When a social worker receives a complaint of child abuse and determines that the situation is non-urgent, should the county welfare department be held liable for subsequent injury to the child? This Comment analyzes the four contexts in which a special relationship with a county welfare department may arise and concludes that a duty of care should not be imposed upon county welfare departments in these situations. The author concludes that if the social worker reasonably determines that the situation was non-urgent, the county welfare department should not be held liable. Alternatively, even if a duty of care is imposed, …

Ten Reasons To Attend Law School, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Each year, approximately 1.5 billion otherwise sane college graduates enter law school. (This figure includes at least 350 students a year in countries other than the United States. ) These new law students come from all walks of life-laid-off brokers, laid-off autoworkers, unemployed M.B.A.s, disillusioned public school teachers, political science majors, political science majors, and more political science majors. Three years later, they emerge-the best and brightest nonproductive professionals that any struggling debtor nation has ever produced, the core of America's hopes for the twenty-first century.

Why do they do it? What is it about law school that attracts so …

What Happens If Roe Is Overruled? Extraterritorial Regulation Of Abortion By The States, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Since 1973, states have effectively been prohibited from regulating most abortions. As every lawyer, law student, and almost every other American adult knows, the United States Supreme Court held in Roe v. Wade that a woman has a constitutional right to have an abortion. It is also common knowledge that in recent years the Supreme Court has been slowly restricting, or refusing to extend, that right.

The future of Roe v. Wade is uncertain, particularly after the Supreme Court's most recent abortion decision, Planned Parenthood v. Casey. The actual restrictions on abortion upheld in Casey are less important than the …

Justification Defenses And Just Convictions, Robert F. Schopp

Nebraska College of Law: Faculty Publications

The fully competent, culpable, and malevolent Spike azttacks Mother Beneficence with a tire iron in order to steal the alms she has collected for the poor. Mother Beneficence defends herself by kicking Spike in the shins, and Dudley Doright rushes to her rescue, punching Spike in the nose, knocking him to the ground, and holding him until the police arrive. Dudley acts solely for the purposes of preventing harm to Mother Beneficence and bringing Spike to justice.

Both Mother Beneficence and Dudley fulfill the offense elements for assault in that they purposely cause bodily injury to another human being. Most …

International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp

Nebraska College of Law: Faculty Publications

A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military) officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary) consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …

Law, Order, And The Consent Defense, Keith M. Harrison

Law Faculty Scholarship

[Excerpt] Among the benefits that we gain on leaving the state of nature and joining together in a "civilized society" is some amount of added protection of our individual possessions and person. Among our losses is the ability to plunder, at will, the possessions and bodies of those who are weaker than we are. These two statements are generally, but not absolutely, true. I propose that one hallmark of civilization is the security of everyone who lives under its authority that they are free from the unwanted interferences of others with their personal integrity and property rights.' One way to …