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Stress Hardiness and Lawyers
Get PDFThis article empirically analyzes original data to look at stress and stress hardiness in the legal profession A number of studies address stress in the legal profession and its impact on the mental health of lawyers Our study is the first to examine stress hardiness in the legal profession Drawing on quantitative data gathered from 20132016 in surveys of 530 law students and lawyers and qualitative data from 106 indepth interviews with lawyers and building on the work of research psychologists Salvatore Maddi and Suzanne Kobasa we look at whether some lawyers more stress hardy than others and if so what makes them stress hardy and whether their strategies teachable and learnable Our data show the following 1 some lawyers are more stress hardy than others 2 although no demographic factors correlate to stress hardiness three behaviors maintaining a sense of control a sense of purpose and cognitive flexibility show a significant correlation to stress hardiness 3these behaviors build on each other such that use of one strengthens the use of others 4 maintaining a sense of purpose a sense of control and cognitive flexibility are teachable and learnable 5 the type of stress lawyers experience varies by practice area 6 the level of stress experienced by law students and lawyers remains fairly constant throughout law school and law practice 7 law students and lawyers report using the following strategies to help manage stress exercise social connectedness and three habits of thought planning and organization perspective and gratitude 8 lawyers report less reliance on exercise and social connectedness as they age and greater reliance on substance use 9 reliance on drugs and alcohol to manage stress correlates to greater stres
There\u27s No Place like Home: Reshaping Community Interventions and Policies to Eliminate Environmental Hazards and Improve Population Health for Low-Income and Minority Communities
Get PDFSubstandard housing and environmental conditions threaten the health and wellbeing of individuals residing throughout the United States Empirical evidence on the relationship between housing and health has increased exponentially However despite the growth in research residents continue to be exposed to environmental health hazards Minorities and people in poverty are exposed to environmental health hazards at a disproportionately high rate Hazards such as lead mold pest infestation radon and carbon monoxide among others threaten individual safety and health and limit one\u27s ability to access opportunity in society Moreover the effects of exposure can be farreaching Common approaches to healthy communities and homes fail to protect residents from exposure to environmental health hazards Federal state and local jurisdictions often rely on education and research regulation of real estate transactions heightened standards for special populations enactment of minimum habitability standards hazard mitigation and communitylevel interventions Taken together these approaches are fragmented reactive rather than preventive and underresourced As a result they are inadequate to prevent negative health consequences that accrue to residents This article analyzes the relationship between policies governing healthy communities and housing and health outcomes for residents Part I discusses how environmental and housing conditions affect community and individual health with a particular focus on conditions that cause lead poisoning asthma and respiratory distress and cancer Part II examines current federal state and local approaches to healthy housing policy including interventions directed at individual housing units as well as the community atlarge This part also analyzes the limitations of these policies that prevent residents from attaining good health Part III offers recommendations to improve health outcomes for individuals and communitie
Lost in Transplantation: The Supreme Court\u27s Post-Prudence Jurisprudence
Get PDFThis essay is an invited response to Fred Smiths Vanderbilt Law Review article Undemocratic Restraint Smith critiques an important trend in the Supreme Courts decisions on standing the transformation of concepts that had been viewed as judiciallycreated prudential limits on a partys standing to sue into concepts grounded in positive law such as federal statutes or the Constitution This essay uses two Supreme Court decisions which coincidentally came down weeks after Smiths article was published to highlight some questions and concerns regarding two areas of standing doctrine that Smith examines One subject of doctrinal transplantation has been the zone of interests test In its 2013 decision in Lexmark International Inc v Static Control Components Inc the Supreme Court declared that the zoneofinterests inquiry is a feature of statutory interpretation rather than prudential standing In its 2017 decision in Bank of America Corp v Miami the Court revisited the zoneofinterests test By a 53 vote it held that the City of Miami ”which sued Bank of America for Fair Housing Act FHA violations that led to lost tax revenues and additional municipal expenses ”fell within the FHAs zone of interestsA potential future candidate for transplantation is the adverseness requirement Several Justices though never a majority have argued that adverseness is not merely a prudential consideration rather it is constitutionally mandated by Article III In its 2017 decision in Microsoft Corp v Baker the Supreme Court considered whether appellate courts could review a district court\u27s refusal to certify a class action where the lead plaintiffs ”following the denial of class certification ”stipulated to a voluntarily dismissal of their individual claims The majority in Microsoft found a lack of appellate jurisdiction on statutory grounds According to a threeJustice concurrence however there was an appealable final decision for statutory purposes but a lack of adverseness placed the appeal outside the bounds of Article II
Sovereignty and Social Change in the Wake of India\u27s Recent Sodomy Cases
Get PDFAmerican constitutional law scholars have long questioned whether courts can really drive social reform and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community In contrast court watchers in India ” spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation or PIL ” have only recently begun questioning the judiciary\u27s ability to promote progressive social change Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India\u27s most disadvantaged and optimism that public interest litigation can be returned to its glory days of heroic judicial intervention And no pair of cases so nicely captures this dichotomy as the 2009 decision in Naz Foundation which decriminalized sodomy and the 2012 decision in Suresh Kumar Koushal which overruled Naz This paper uses public interest litigation and India\u27s recent sodomy cases to demonstrate that the relationship between state actors like courts and society is often far less stable than the democratic ideal of citizen sovereignty would suggestbrbrI argue first that supporters of public interest litigation should neither give up on PIL suits as a means of effecting social reform nor imagine that PIL suits can ever reliably produce desirable outcomes As a type of legal action public interest litigation simply cannot be reverse engineered in this way But second I reinterpret the documented and widely critiqued shift in PIL cases from protecting fundamental rights during the 1970s and ˜80s to protecting the interests of advantaged litigants in the 1990s and 2000s While earlier PIL cases reflect the Indian Constitution\u27s commitment to governmentled social reform and the sharing of sovereignty between citizens and the state contemporary PIL cases reflect the Constitution\u27s commitment to an agency theory of sovereignty whereby government merely acts on behalf of citizens Because neither vision of sovereignty is paramount over the long run shifts in public interest litigation reflect the productive and dynamic equilibrium between the tw
Race to judgment
No full textFast paced legal thriller and powerful urban drama from Frederic Block, the Brooklyn based federal judge who sentenced Peter Gotti of the Gambino crime family. Based partly on fact and seething racial tensions and political corruption, it doesn\u27t get any more New York than Race to Judgment! Race to Judgment is a reality-fiction debut novel loosely based on a number of high-profile cases handled by its author, a federal trial court judge, over his 23 years on the federal bench in Brooklyn-such as the Crown Heights riots and the Peter Gotti trial. It tracks the rise of the fictional African-American civil rights protagonist Ken Williams (in real life, the recently deceased Brooklyn DA Ken Thompson) from his days as an Assistant United States Attorney through his meteoric rise to unseat the long-term, corrupt Brooklyn DA because of a spate of phony convictions against black defendants, including another one of the judge\u27s real cases (JoJo Jones in the book) for the murder of a Hasidic rabbi. Williams\u27 dramatic courtroom antics (with the aid of his colorful private eye) results in JoJo\u27s exoneration after 16 years behind bars. In addition, Williams defends a young black guidance counselor accused of killing the rabbi\u27s son many years ago, and champions the cause of a young Hasidic woman raped by her father. As a hobby, Williams plays jazz piano and writes country songs written by the author-which are reproduced in the book and can be heard on e-books and the Internet.https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1001/thumbnail.jp
Dead certain : a novel
No full textElla Broden is living a double life. By day, Ella works as a buttoned-up attorney on some of the city’s most grueling cases. By night, she pursues her passion for singing in the darkest clubs of Manhattan. No one knows her secret, not even Charlotte, the younger sister she practically raised. But it seems she’s not the only one in the family with something to hide. When Charlotte announces she’s sold her first novel, Ella couldn’t be more thrilled…until she gets a call that her sister’s gone missing. Ella starts investigating with the help of Detective Gabriel Velasquez, an old flame in the NYPD, and what she finds is shocking. If art imitates life, then her sister’s novel may contain details of her real-life affairs. And any one of her lovers could be involved in her disappearance. Desperate to bring Charlotte home, Ella works through her list of suspects, matching fictitious characters with flesh-and-blood men. But will it be too late to save the sister she only thought she knew?https://scholarship.law.ua.edu/harper_lee_prize_books_2018/1016/thumbnail.jp
Functionalism
No full textThe SAGE Encyclopedia of Political Behavior explores the intersection of psychology, political science, sociology, communications, and human behavior to better understand why and how people interact with political processes. Bringing together scholars from around the world, the encyclopedia integrates theories, research, and case studies from a variety of disciplines to help readers better understand the complexities of political behavior. Contributors analyze the forces that shape the behavior of individuals, groups, and social movements and how that behavior impacts political outcomes and public policy debates.https://scholarship.law.ua.edu/fac_bookchapter/1067/thumbnail.jp
Serving the Public with a Pen Writing in Tribute to Chief Judge Carnes\u27 25 Years on the U.S. Court of Appeals for the Eleventh Circuit
Get PDFThe First Amendment: cases and theory
No full textA comprehensive, up-to-date, and accessible text, The First Amendment: Cases and Theory, Third Edition, uses the case method to elucidate theory and doctrine. In an area rife with with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three and four part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court’s decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students’ mastery of the relevant theories and precedents. Because the Supreme Court’s First Amendment jurisprudence has been a work in progress for many decades, the editors present the cases and doctrinal developments in historical context, thereby showcasing the Supreme Court’s evolving tests, standards, and approaches. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. In an increasingly globalized marketplace of ideas, U.S. students need to have some appreciation of the idiosyncratic nature of U.S. free speech law and the degree to which the U.S.’s highly speech-protective legal metrics have failed to gain widespread acceptance in the larger world. All major contemporary free speech controversies receive coverage. Key Completely revised and updated coverage to 2017 – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Second Edition Completely revised and updated coverage to 2017 – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Second Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses and also for more narrowly focused courses on only the Speech, Press, and Assembly Clauses or the Religion Clauses Includes the participation of Carolina Mala Corbin, a noted expert on the Religion Clauses and government speech, as a new casebook co-author Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Includes up-to-date coverage of the growing conflicts over religious exemptions to public accommodation laws Completely re-organized and updated coverage of the Religion Clauses, including dedicated coverage of RFRA and state mini-RFRAs Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually-explicit speechhttps://scholarship.law.ua.edu/fac_books/1038/thumbnail.jp