Legal Studies Commons^™

Clinical Education For This Millennium: The Third Wave, Peter A. Joy, Margaret Martin Barry, Jon C. Dubin

Scholarship@WashULaw

This article focuses on the continuing transformation of legal education and the role of clinical legal education in training competent, ethical practitioners. Part I examines the primary challenges that clinicians confronted in the past: to create a clinical legal education teaching methodology and to establish viable, enduring clinical programs in law schools throughout the country. Part II discusses a variety of different models for integrating clinical methodology either throughout the curriculum or as a core feature of the curriculum. Part III analyzes a variety of the most pressing challenges and opportunities for clinical legal education and the larger enterprise of …

The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn

San Diego Law Review

American society and law display a deep reverence for the group, as long as it assumes corporate or quasi-corporate form. This reverence is not fleeting; rather, it has deep historical roots. In fact, it was there before the republic came into being and it played a profound role in the founding of the nation. Moreover, these roots are not only traditional, but philosophical and religious as well. This Article explores those roots, with three goals in mind. First, to correct the mistaken notion that American law has historically demonstrated a commitment to the individual at the expense of the group, …

What We Do When We Do What We Do And Why We Do It, Leo Katz

San Diego Law Review

But what exactly am I talking about when I speak of symmetry and asymmetry in law and ethics? It may be clear enough what those notions mean in geometry, but how are they to be understood in law, or

for that matter in ethics, more generally? Let me start with symmetry- its meaning and the benefits of exploring it. Rather than try to define the

term, however, I will offer what I think is a pretty self-explanatory example of the phenomenon as it arises in law and ethics. It is an example that has fascinated me for quite some time: …

Theory Minimalism, Stanley Fish

San Diego Law Review

We must begin with a sense of what theory is, and I shall derive mine from a question Herbert Wechsler often put to his students. "Ask yourself," he would say, "'Would I reach the same result if the substantive interests were otherwise?"" The challenge of the question is to the student who has determined where the right lies in a disputed matter, and who now must demonstrate that, even if every circumstantial particular of the case were varied-if the plaintiff were a woman instead of a man, if the object of hate speech was a descendant of someone who came …

Theory's A What Comes Natcherly, Larry Alexander

San Diego Law Review

So what kind of theorizing do we do in law? First, we do empirical, predictive theorizing. We form hypotheses about how the world will be affected by various rules of law, because of their content and form, and by the design of our legal institutions. These hypotheses can be confirmed or falsified. We also form hypotheses about how particular judges will decide future cases, or how legislatures and agencies will react to various proposals. When we do legal history, we reason backwards from effects and form hypotheses about their causes. The second type of theorizing we do is normative. In …

Addiction And Causation, Michael Corrado

San Diego Law Review

Is it possible for a compatibilist to capture the notion of a choice that is resistible but very, very hard to resist? And, along the same lines, is it possible for the compatibilist to capture the notion of degrees of responsibility, of greater or lesser moral responsibility? Of course, duress may lessen responsibility, and in general the aversiveness of the alternatives facing an agent may lessen her responsibility for an action: The more aversive the alternatives, the less responsible the agent-or at least the less inclined we are to punish the agent. That way of ranking responsibility is clearly intelligible …

Retribution In Criminal Theory, Douglas N. Husak

San Diego Law Review

I will focus on three separate but intimately related dimensions of what I have identified as Moore's central theme. In Part H, I examine his views

about the data from which a theory of the criminal law is to be constructed. In Part I, I discuss his account of the rationale of punishment. In Part IV, I scrutinize his defense of legal moralism as a theory of legislative aim. I express general misgivings about the extraordinarily central place Moore affords retribution in his account of the criminal law as it exists today. I want to stress at the outset, however, …

Broadly Speaking - December, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - August 19, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Relationship Between Homicidal Fantasies And Dangerousness, James C. Peterson

All-Inclusive List of Electronic Theses and Dissertations

Aggressive behavior is a serious problem in the United States and has been studied from a variety of perspectives. Psychologists in many different settings are frequently asked to assess the risk of future dangerous behavior by individuals. Due to their important role, research into the prediction of dangerousness has dramatically increased in the past ten years. However, to date, research has offered few reliable predictors that can be used in such assessments. This exploratory study was designed to examine whether homicidal fantasies can be used to reliably discriminate between violent and non-violent individuals. Undergraduate male students (N=l42) completed a questionnaire …

Legal Rules And Social Reform, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Broadly Speaking - March, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - February, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

The Richness Of Contract Theory, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This essay is a review of The Richness of Contract Law: An Analysis and Critique of Conemporary Theories of Contract Law by Robert A. Hillman (1997).

Throughout the book, Hillman offers a number of useful insights about various issues of contract law and theory--as he has in his numerous law review articles--but in this review the author is concerned with his overall theme: a general skepticism about "unifying" or "highly abstract" contract theories that fail to mirror the richness of contract law. In this regard, Hillman stands in the "realist" tradition of the previous generation of contracts scholars. Hillman attempts …

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …

Four Models Of The Criminal Process, Kent Roach

Journal of Criminal Law and Criminology

No abstract provided.

Denying Fifth Amendment Protections To Witnesses Facing Foreign Prosecutions: Self-Incrimination Discrimination, Steven J. Winger

Journal of Criminal Law and Criminology

No abstract provided.

A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Public Safety V. Individual Civil Liberties: The Prosecutor's Stand, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Playing God: 5 To 4 (The Supreme Court And The Police), Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Technical Appendix

Journal of Criminal Law and Criminology

No abstract provided.

Liberty Interested In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan

Journal of Criminal Law and Criminology

No abstract provided.

Police Interrogation--A Practical Necessity, Fred E. Inbau

Journal of Criminal Law and Criminology

No abstract provided.

Reforming American Penal Law, Markus Dirk Dubber

Journal of Criminal Law and Criminology

No abstract provided.

Clarifying Entrapment, Ronald J. Allen, Melissa Luttrell, Anne Kreeger

Journal of Criminal Law and Criminology

No abstract provided.

Emergency Circumstances, Police Responses, And Fourth Amendment Restrictions, John F. Decker

Journal of Criminal Law and Criminology

No abstract provided.

Responding To Child Homicide: A Statutory Proposal, Charles A. Phipps

Journal of Criminal Law and Criminology

No abstract provided.

Race, Juvenile Justice, And Mental Health: New Dimensions In Measuring Pervasive Bias, W. John Thomas, Dorothy E. Stubbe, Geraldine Pearson

Journal of Criminal Law and Criminology

No abstract provided.