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Susan D. Rozelle, Daubert, Schmaubert: Criminal Defendants and the Short End of the Science Stick, 43 Tulsa L. Rev. 597 (2007)Clicking on the button will copy the full recommended citation.
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Susan D. Rozelle, Fear and Loathing in Insanity Law: Explaining the Otherwise Inexplicable Clark v. Arizona, 58 Case W. Res. L. Rev. 39 (2007)Clicking on the button will copy the full recommended citation.
Eric Clark believed he was battling space aliens when he shot and killed Officer Jeffrey Moritz. Charged under a first-degree murder statute that requires knowledge the victim is a police officer, Clark should have been not guilty two ways: first, by reason of insanity, and second, because he did not satisfy the mens rea requirement. Instead, he was found guilty, and the United States Supreme Court's decision upholding this result tortured insanity law jurisprudence. The only plausible explanation for the Court's decision lies in society's emotional reaction to mental illness. Fear and loathing have displaced not only care and compassion, but even logic.
This article first describes and then unpacks the irrationality of the Court's reasoning in Clark. The Court's inexplicable decisions - finding no semiotic truncation of Arizona's insanity statute, and upholding its refusal to admit evidence of mental illness on the question of mens rea - can be explained only by reference to our unconscious selves. The mentally ill frighten us, and when we are frightened, we do not think clearly. But the decisions in Clark serve only to stigmatize and marginalize even further a group that needs our help as well as our compassion. We must reexamine the criminal law's insanity jurisprudence. Our unconscious animus toward the mentally ill ill-serves them, and ill-becomes us.
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Tim Kaye, Aim Higher: Challenging Farrington and Palfreyman’s The Law of Higher Education, 33 J.C. & U.L. 559 (2007)Clicking on the button will copy the full recommended citation.
In The Law of Higher Education, Dennis Farrington and David Palfreyman present a wealth of material about higher education in the United Kingdom. It is argued, however, that their work is significantly flawed because it is colored by a 'consumerist' perspective which views education as a 'product' of 'corporate enterprise'. This review article attempts to redress the balance and provide a more objective analysis.
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Royal C. Gardner and Kim Diana Connolly, The Ramsar Convention on Wetlands: Assessment of International Designations within the United States, abridged version, 29 Nat'l Wetlands Newsletter 6 (2007)Clicking on the button will copy the full recommended citation.
The Convention on Wetlands of International Importance especially as Waterfowl Habitat, more commonly knows as the Ramsar Convention, is one international framework used to protect wetlands. At this time, the United States has designated 22 sites as wetlands of international importance. In this Article, Royal C. Gardner and Kim Diana Connolly analyze survey data collected from each of these 22 sites to determine whether and how Ramsar designation benefits these wetland areas. The authors first provide a brief overview of the Ramsar Convention, including its function within the United States. They then break down the survey data, looking at both benefits and problems of Ramsar designation. Finally, they make several recommendations for strengthening Ramsar wihin the United States.
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Darryl Wilson, ACLI Case Notes, 1 American and Caribbean Law News 5 (2007)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner and Kim Diana Connolly, The Ramsar Convention on Wetlands: Assessment of International Designations within the United States, 37 Envtl. L. Reporter 10089 (2007)Clicking on the button will copy the full recommended citation.
The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, more commonly knows as the Ramsar Convention, is one international framework used to protect wetlands. At this time, the United States has designated 22 sites as wetlands of international importance. In this Article, Royal C. Gardner and Kim Diana Connolly analyze survey data collected from each of these 22 sites to determine whether and how Ramsar designation benefits these wetland areas. The authors first provide a brief overview of the Ramsar Convention, including its function within the United States. They then break down the survey data, looking at both benefits and problems of Ramsar designation. Finally, they make several recommendations for strengthening Ramsar wihin the United States.
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Roy Balleste, Internet Governance Forum & Technology: A Matter of Human Development, 7 Loyola Law and Technology Annual 37 (2007)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, From the Elder-Friendly Law Office to the Elder-Friendly Courtroom–Providing the Same Access and Justice for All, 2 NAELA Journal 325 (2006)Clicking on the button will copy the full recommended citation.
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Peter Lake and Darby Dickerson, Alcohol and Campus Risk Management, Campus Activities Programming (2006)Clicking on the button will copy the full recommended citation.
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Peter Lake and Darby Dickerson, Hazing in the Internet Age, NASPA Leadership Exchange (2006)Clicking on the button will copy the full recommended citation.