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Improving Labor Relations Through Corporate Social Responsibility – Lessons from Germany and France
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If Hindsight is 20/20, Our Justice System Should Not Be Blind to New Evidence of Innocence: A Survey of Post-Conviction New Evidence Statutes and a Proposed Model
Get PDFTruth and Legitimacy (in Courts)
Get PDFThis Article draws upon empirical and theoretical scholarship from philosophy, economics, social science, psychology, political science, ethics, and jurisprudence, in addition to more traditional legal sources such as Supreme Court decisions, to develop an articulation of the meaning, role, and importance of truth in courts. It is frequently articulated that trials are a search for truth. But as insiders to the judicial system know, if this is so then it is a meaning of truth that differs what truth means in any other context. And exposing this definitional dissonance in turn exposes that the legitimacy of the courts rests on an eroding foundation as courts increasingly are not doing what the community believes courts are doing
Fiduciary-isms: A Study of Academic Influence on the Expansion of the Law
Get PDFFiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, corporations, and agency, to a current usage at times so cut off from its doctrinal origins as to be idiomatic, no longer technical. Surprisingly, this expansion in fiduciary law – which is unhappily no longer dependent on property – owes to academic influences that in the past half-century have operated on courts, despite the widespread perception that academics have sway only with their own. That fiduciary law has been expanded though not improved by academic endeavors reveals the scholarly activity of expanding the law to be a mixed bag: both high art, crucial to the path of the law, but also low theatricality, more likely to create than alleviate legal snags
The Elephant in the Room: Attorney Accountability for Jury Nullification Arguments in Criminal Trials
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Bars to Justice: The Impact of Rape Myths on Women in Prison
Get PDFThis article stems from a National Science Foundation-funded interdisciplinary research project that addresses a major gap in understanding the reporting of sexual victimization in prison and the confluence of factors that contribute to the ineffectiveness of internal laws and policies. As a basis of this work, our cohort of scholars in law, social work, and psychology utilized data and personal narratives from the groundbreaking class action lawsuit, Neal v. MDOC, brought on behalf of over 800 female inmates against the State of Michigan. In this article, we identify the most prevalent rape myths we observed from women who were involved in the Neal lawsuit and other similarly situated female inmates across the country. We focus on the impact of rape myths in contexts where prison staff perpetrate sexual violence against female inmates and in particular, how rape myths span the closed prison system-from reporting to grievance outcomes.We explore how these myths shape notions of the ideal victim, discuss their specific impact, and explain why they matter. We consider how, by virtue of their incarcerated status, it is impossible for women victimized in prison to meet the ideal victim standards, ultimately rendering their attempts at seeking justice futile. We hope that our analysis of rape myths in the prison context will inspire changes in prison law and policy by acknowledging and urging the dismantling of these often unforeseen, implicit, and informal barriers to justice
Re-Designing Law and Lawyering for the Information Age
Get PDFThis Article analyzes the intersection of three aspects of law, lawyering, and Information Age technology and culture, describing how they disrupt and inhibit one another even as they supply possible opportunities for each to grow and innovate. The Article urges that Information Age challenges to traditional legal institutions and thinking become the foundation for reforms to legal systems and individual lawyering. In embracing changes made possible by emerging technology, the Rule of Law may be strengthened globally and the Preventive/Proactive style of lawyering can be re-invigorated. The Article begins by describing the Preventive/Proactive lawyering ( PPL ) style, and offers an example within commercial contracting. The Article analyzes how the adoption of this PPL style has been limited by traditional legal institutions and thinking, described using the metaphor of a container. The effectiveness and cultural acceptability of this containerized legal system is being challenged, however, by Information Age methods and attitudes concerning information and its delivery; the nature of individuals and their social groupings; and the legitimacy and purposes of social control. Emerging Information Age culture, however, is largely compatible with the assumptions underlying PPL. As Information Age technology unfolds, preventive/proactive thinking and methods may not only become more popular in everyday lawyering practice, but also may serve as a model for how traditional legal systems may be helpfully reformed. The Article concludes with a set of design principles by which those reforms may be guided