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Rebecca C. Morgan, Elder Law in the United States: The Intersection of The Practice and Demographics, 2 J. Int'l Aging L. & Pol'y 103 (2007)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Introduction: Housing, Personhood, and Dignity vol. 36 (2007)Clicking on the button will copy the full recommended citation.
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James W. Fox, The Law of Many Faces: Antebellum Contract Law Background of Reconstruction-Era Freedom of Contract, 49 Am. J. Legal Hist. 61 (2007)Clicking on the button will copy the full recommended citation.
This article, published in late-2008, has two goals. First, it seeks to connect doctrinal histories of contract law with the political and social histories of contract ideology. In doing so I hope to show how the tales about the development of contract doctrine can be told more richly by considering the political and ideological developments of the period. Second, and more significantly, this article highlights the ambiguous strands of contract law that were part of the culture of contract surrounding Reconstruction, and shows how contract law was far more contextualized than historians of either free labor ideology or contract doctrine typically acknowledge. This failure to explore the rich context and ambiguity of mid-nineteenth century contract law produces, on the one hand, an inappropriately narrow view of Reconstruction-era conceptions of the potential role of contract, and, on the other hand, a general inattentiveness to the potential uses of contract law and ideas to challenge the otherwise dominant ideologies. The article proceeds through four topics: antebellum equity jurisprudence, antebellum labor law, inn and carrier law, and antebellum feminist uses and critiques of contract. By connecting contract-as-doctrine to contract-as-political-ideology through these four areas, I hope to show that during Reconstruction there was more possibility for both than often seems apparent to those looking back after the Lochner era.
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Kristen David Adams, Blaming the Mirror: The Restatements and the Common Law, 40 Ind. L. Rev. 205 (2007)Clicking on the button will copy the full recommended citation.
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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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Kristen David Adams, The American Law Institute: Justice Cardozo’s Ministry of Justice?, 32 S. Ill. U. L.J. 173 (2007)Clicking on the button will copy the full recommended citation.
This paper explores an influential reform agenda - the notion of a Ministry of Justice - advanced by Justice Benjamin Nathan Cardozo, one of the American Law Institute's founding members. The article in which Justice Cardozo introduced the concept of a Ministry of Justice was published in the Harvard Law Review the very month that the exploratory committee was formed that ultimately recommended the formation of the American Law Institute, and two years before the Institute itself was founded. This article explores the extent, if any, to which the reform agenda that Justice Cardozo propounded in this famous article was fulfilled by the founding of the Institute.
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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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Luz Estella Nagle, Algunos aspectos sobre la lucha contra el crimen organizado internacional en América Latina, 75 Revista Jurdica Universidad de Puerto Rico 59 (2007)Clicking on the button will copy the full recommended citation.
A pesar de mucho discurso, del esfuerzo y la promulgacion de mecanismos multilaterales y domesticos, la falta de voluntad politica, la carencia de cooperacion en la investigacion y la ausencia de enjuiciamiento o extradicion de dichos grupos, han provocado que se enfrente hoy una situacion donde el crimen organizado resulta abrumador para las democracias del continente y es el sosten principal de muchas economias locales en la region.
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Catherine J. Cameron, Not Getting to Yes: Why The Media Should Avoid Negotiating Access Rights, 24 Thomas M. Cooley Law Review 237 (2007)Clicking on the button will copy the full recommended citation.
This article cautions proponents of public access to government records from negotiating over the right to access. As support for this warning, this article details the high-profile events that lead to closure of access to autopsy and crime scene photographs in Florida, including the deaths of Dale Earnhardt and Gianni Versace, a killing spree by executed serial killer Danny Rollings, and the tragic death of Carlie Brucia, and focuses on how access to autopsy and crime scene photographs may have been greater had the media not chosen to negotiate over access.
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Ellen S. Podgor, The Challenge of White Collar Sentencing, 97 J. Crim. L. & Criminology 731 (2007)Clicking on the button will copy the full recommended citation.
Sentencing white collar offenders is difficult in that the economic crimes committed clearly injured individuals, but the offenders do not present a physical threat to society. This Article questions the necessity of giving Draconian sentences, in some cases in excess of twenty-five years, to non-violent first offenders who commit white collar crimes. The attempts by the U.S. Sentencing Commission to achieve a neutral sentencing methodology, one that is class-blind, fails to respect the real differences presented by these offenders. As the term white-collar crime has sociological roots, it is advocated here that sociology needs to be a component in the sentencing of white collar offenders.