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In Pursuit of Calmer Waters: Managing the Impact of Trauma Exposure on Immigration Adjudicators
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Critiquing Modern-Day U.S. Legal Education with Rhetoric: Frank\u27s Plea and the Scholar Model of the Law Professor Persona
Get PDFThis article explains how, from 1920 to 1960, the role, or persona, of the law professor in the United States remained the situs of considerable rhetorical controversy that the role had been in the fifty years before 1920. On one hand, lawyers used rhetoric to promote a persona, that of a scholar, appropriate for the law professor situated within the university, a context suitable for the professionalization of law. On the other hand, different lawyers like Judge Jerome Frank used rhetoric to critique, often in a scathing manner, the scholar persona and put forth their own persona, that of a practitioner, as a more appropriate model for legal education. To develop the argument, the article draws upon rhetorical theory and presents persona theory and persona analysis as a means of conducting this study. Next, the article considers the then-established persona of the law professor as scholar and in turn the alternative persona of the law professor as practitioner. For this study, the term lawyers refers to practicing lawyers and judges as well as academic lawyers. Given that, to this day, law paradoxically remains a program of academic study within the university that purports to prepare students for practical careers, the insights from the rhetorics between 1920 and 1960 remain important to understanding present-day legal education
Barry Law Review Symposium 2014
No full texthttps://lawpublications.barry.edu/blrhomepage/1008/thumbnail.jp
Intercountry Adoption As A Solution To The Problem Of The United States Foster Care Children Waiting To Be Adopted
Get PDFChildren, Armed Conflict, and Genocide: Applying the Law of Genocide to the Recruitment and Use of Children in Armed Conflict
Get PDFThis paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I of the analysis will discuss three issues: first, the modern understanding of genocide and the substantive areas of law that govern it; second, the definition of “child” within the international arena as it relates to child soldiering; third, a discussion to determine if children can constitute a “group” in the context of the law of genocide.
Part II provides a discussion elaborating on Part I, then analyzes the five disjunctive elements of genocide. A general rule will be synthesized for each element. General rules are synthesized from judicial decisions interpreting the genocide regime, soft law, and scholarly writings. Each element includes an analysis to determine applicability of the element as it relates to child soldiers
