STU Scholarly Works (St. Thomas University)
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My Modest Proposal
No full textIt is a melancholy object to those, who labor in the great area of contract law involving donative promises, or travel in its academic realm, when they see tribunals, courts and other dispute resolution venues, crowded with petitioners of every stripe, followed by clerks with voluminous pleadings, importuning said authorities for aid. These individuals, instead of being able to work at more venerable elements of their calling, are forced to spend time pleading with courts for sustenance for their floundering claims, that as they mature, are either granted entry in to the protective realm of contract law by contorted analysis or are left to founder by the wayside, confined to the unenforceable arena of gift
A Survey of AALS Law Schools Teaching Islamic Law
No full textThis report presents the result of a survey, conducted in 2004, aimed at determining the status of Islamic law teaching in American law schools.\u27 My first step was to search the Web to find the courses listed there, and then to contact every school that did not appear on the Web-based list to determine what each did. The project began in the summer of 004 and extended throughout the fall semester
Using Therapeutic Jurisprudence in Teaching Lawyering Skills: Meeting the Challenge of the New ABA Standards
No full textAt some law schools, existing courses already involve a simulation component. Some use a problem method approach whereby students are provided with written problems in advance and asked to come to class prepared to role play attorneys solving the problems or presenting opposing arguments concerning them. In the past, when I taught courses in Administrative Law and Federal Courts, I used a problem method approach that sought to blend skills training with doctrinal learning. For many years I have taught, and continue to teach, a course in Advanced Criminal Procedure using a variety of problems crafted over the years that call for students to role play prosecutors and defense lawyers in class. One is a plea bargaining exercise in which the class hears an audiotape of me interviewing an actual client - a New York City taxi cab driver who went to Vermont to purchase a handgun to protect himself using phony identification, and who was arrested and charged in federal court with a false statement offense. The students are provided a copy of the criminal complaint. Over a period of about two weeks, during which we consider the chapter in the casebook on plea bargaining, students assigned to play defense lawyers contact those assigned to play prosecutors and initiate plea bargaining discussions, conclude a guilty plea, and prepare a plea agreement in conformity with Federal Rule of Criminal Procedure. They then submit their plea agreements and participate in plea colloquies in which I play the sentencing judge. In addition to these approaches, law schools should offer interested students a separate course devoted to lawyering skills that includes a variety of simulated exercises. The remainder of this article describes a fairly new course at the University of Miami School of Law that I taught in the Fall, 2004 semester for the second time. The course, entitled New Directions in Lawyering: Interviewing, Counseling, and Attorney/Client Relational Skills, illustrates the kinds of new approaches that law schools will need to develop to satisfy the new skills training requirements. Its guiding principle is Therapeutic Jurisprudence, an interdisciplinary approach to legal scholarship and law reform that has increasingly been applied to lawyering and judging. In addition to describing this course, the article suggests that training students in Therapeutic Jurisprudence and in the Therapeutic Jurisprudence/Preventive Law model that it has spawned constitutes an excellent way of meeting the new ABA standards and moves legal education into the modem era in a manner that will significantly increase the quality of lawyering and both client and professional satisfaction
Therapeutic Jurisprudence and the Law School Asylum Clinic
No full textThis paper will explore how law school clinics in general, and asylum clinics in particular, can prepare students for healthier, more satisfied careers in the law by introducing them to one of the comprehensive law movements which has gained popularity in the last decades. By understanding the effects of trauma on their clients and by explicitly addressing issues of empathy, emotional intelligence, and cross-cultural communication, law school clinics, which already complement the traditional legal curriculum in significant ways, will improve and enrich the experience for both the client and the law student
Information About the UN Dialogue of Civilizations
No full textBook: The New Dialogue of Civilizations
This book is an international collection of reflections, statements, and resources responding to the United Nations call for a new “dialogue among civilizations,” a theme taken up by the United Nation’s Educational, Scientific, and Cultural Organization (UNESCO) in relation to its work on behalf of a “Culture of Peace.” These contributions were occasioned by the 11 September 2002 terrorist attack on the World Trade Center in New York City. They come from members around the world of Pax Romana / International Catholic Movement for Intellectual & Cultural Affairs (ICMICA), and were gathered by the US federation of Pax Romana / ICMICA.https://scholarship.stu.edu/faculty_book_chapters/1007/thumbnail.jp
Islamic Property Law: Cases and Materials for Comparative Analysis with the Common Law
No full textIslamic Property Law is the first casebook of its kind to offer training in Islamic law to American law students in the comparative case-method style of learning. The several areas of law covered under the umbrella of Property are developed through translations of classical Islamic law texts in conjunction with English and American cases on the same subjects. The materials are sufficiently detailed to provide the type of sophisticated analysis with which law professors and students are familiar. Although the focus is on Islamic property law, the course also covers areas in torts, contracts, criminal law, wills and trusts, constitutional law, and jurisprudence, insofar as these areas touch on property. In this way the book also satisfies the tradition of comparative law casebooks that are comprehensive in coverage.https://scholarship.stu.edu/faculty_books/1021/thumbnail.jp
A Search for Reason in Fairy Tales
No full textA fairy1 tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a runner up ) with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen\u27s subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission to rid the land of them. The queen convinced the ministers to pass laws that sought to punish and exclude this group of subjects. The queen believed that she could make these subjects disappear by decreeing them away. Hysteria swept the land. The queen\u27s fears became amplified and rippled throughout the land. However, as time went by, some leaders began to see that the queen was misguided. The people rose up and exiled the queen. She was no longer able to sing of sunshine. The queen became powerless and unimportant. Yet, in the land, lingered some of the laws the queen had caused the ministers to pass. These laws, upon reexamination, were predicated upon the irrational fear and hatred of the queen, not grounded in reason. And, the story should say that the laws were done away with and that reason was restored to the land. But, that is not the whole tale. For,it appears that the queen\u27s irrationality persists
An Empirically-Supported Rational Basis for Prohibiting Adoption, Foster Parenting, and Contested Child Custody by Any Person Residing in a Household That Includes a Homosexually-Behaving Member
No full textRepresentative empirical evidence and common sense reasoning are reviewed below which necessitate the logical conclusion that households with one or more homosexually-behaving adults or adolescents should be prohibited from adoption and from foster parenting, and were found to be less capable of providing the best family structure in cases of contested child custody. Hundreds of additional scientific studies also support these three reasons for this rational basis, but space limitations necessitate the presentation of only a number of representative sources of supporting evidence here
Utah Prefers Married Couples
No full textAs early as March 2000, Utahns identified the apparent contradiction between Florida\u27s prohibition of adoptions by homosexuals and its concurrent licensure of homosexuals as foster parents. Seeking to avoid the train wreck vividly exposed in the Lofton v. Secretary of the Department of Children & Family Services controversy, Utah lawmakers enacted a statute and corresponding regulations, which provide that legally married couples are preferred as prospective adoptive parents. Utah did not ban adoptions or foster parenting by single individuals, nor did it use sexual preference as a criterion for disqualification of prospective adoptive parents or prospective foster parents. In Utah, non-cohabiting heterosexuals and homosexuals may qualify as both prospective adoptive parents and prospective foster parents