Missed opportunities: learning from the mistakes at Attica

The Attica prison riot was the culmination of years of increasing tension between the urban, racial, and ethnic minorities held at the prison and the rural, white officers, and administrators responsible for incarcerating them. While race was certainly an important factor in the riot, there were also a number of problems at the prison that prompted inmates of all races to unite against the New York State Department of Correctional Services and the state government. Inmates’ frustration increased as they waited for reforms that were promised but never materialized. As inmates’ patience waned, the prison administration made a number of decisions that damaged its ability to maintain peace and respond to problems. A review of the circumstances leading to the riot at the Attica Penitentiary in September 1971 is included as well as an analysis of some more recent riots where similar conditions and warning signs were present.     

Human-centered legal tech: integrating design in legal education

As the legal profession begins in earnest to deploy digital technology in service and information delivery, greater numbers of law schools are including technology instruction in their curricula. The prospect of more lawyers with digital expertise, while a welcome development, amplifies a parallel imperative that new technology tools be designed to be responsive to evolving human needs. This paper argues that coupling technology instruction with training in human-centered design approaches offers legal educators a means of preparing lawyers not only able to generate novel technology solutions, but able to fundamentally improve legal institutions and programs through those results. The use of design pedagogies within legal education also provides educators and students with the opportunity to reimagine the law as a creative pursuit by exploring structured methods like empathy via observation, prototyping, and the embrace of failure, with learning outcomes that hold the potential to transform how lawyers approach their role. This paper concludes by detailing the insights the NuLawLab has gained in the application of design methodologies in the creation of digital legal resources, and the modifications we are adopting to the approach to produce better results for the legal sector.     

Relationships between legal and clinical factors among forensic hospital patients

Recognizing that established relationships enhance understanding and therefore improve clinical intuition and inference, the authors examined clinical and legal characteristics of a legally and clinically heterogeneous population of maximum security forensic hospital patients (n = 380). Several findings serve to substantiate outcomes of previous studies of subgroups of offenders. Some new relationships among legal and clinical variables are established. The relationship between admission legal status and Axis I diagnosis is dependent upon the Axis II diagnosis. Those admitted for competency evaluations have the lowest percentage of psychotic diagnoses and the highest IQ. Kidnapers have the highest percentage of psychotic diagnoses and there is a relationship between previous incarceration and drug treatment refusal. The authors discuss clinical implications, generalizability, and the needs for further investigation.     

临床法学教育与新世纪法学人才的培养--平等式对话教学方式的魅力

高等法律教育是我国教育事业的一个重要组成部分,担负着为市场经济建设与民主法制建设培养高层次专业人才的重要任务.在更新教育观念,转变培养模式,强化能力培养的教育改革的形势下,作为大学法学院应该教给学生什么?我们不可能在有限的四年时间内教给学生今后一辈子所需的各种法律知识.况且法律变化频繁,知识更新快捷.学校教师传授知识固然重要,但更重要的是教给学生分析、辨别、创造知识的能力.     

Litigating the science of breast cancer treatment

Beginning in the late 1980s, many health insurers refused to cover high-dose chemotherapy with autologous bone marrow transplant (HDC/ABMT) for high-risk and metastatic breast cancer patients. Insurers denied coverage because there was no persuasive evidence of clinical effectiveness. In response, many women sued to compel coverage. After years of litigation and the expenditure of approximately $3 billion, randomized clinical trials (RCTs) showed that the procedure was no more effective and possibly more harmful than conventional therapy. To understand whether and how litigation contributed to the diffusion of the procedure, we conducted a series of case studies that examine the litigation tactics and strategies used by defense and plaintiffs' counsel. Despite the fact that HDC/ABMT lacked proven scientific effectiveness, insurance defense attorneys were unable to stop the procedure's diffusion. Plaintiffs' attorneys had a much easier and more sympathetic story to tell and were able to exploit vulnerabilities facing the defense.     

Complex Trauma: Missed and Misdiagnosis in Forensic Evaluations

Psychological Injury and Law - Forensic evaluators frequently utilize diagnoses as a way to document the nature and severity of impairment and/or injury in civil and criminal cases despite...     

Facebook Threats: the Missed Opportunities of Elonis V. United States

When the Supreme Court of the United States reversed the conviction of a man who posted vile, threatening messages on Facebook, it concluded that the federal law used to prosecute him lacked the necessary level of intent. In effect, the Court stopped there, saying it was “not necessary to consider any First Amendment issues.” In considering the Court's adoption of judicial minimalism in Elonis v. United States, this article suggests that, even within that framework, there existed chances to explore relevant issues. This included advancing a better understanding of the seriousness of cyber threats. In spite of embracing the importance of context in evaluating this and other cases, the Court rejected the opportunity to provide important perspective. Proscribing true threats does not compromise free speech values; it enhances them. The ideas of free speech and civilized speech can coexist.,     

非单一性：船舶建造合同法律属性之特征

船舶建造合同既有买卖合同的特点,又有承揽合同的特征。各国的立法和司法实践对于船舶建造合同法律属性的认定各不相同。比较分析各主要航运国家对船舶建造合同法律属性的界定标准,指出船舶建造合同的法律属性不具有单一性,应首先以当事人的意思表示为判断标准确定船舶建造合同的属性。在缺乏明示的意思表示的情况下,可借助其他因素确定合同的主要特征,推定出当事人的意思表示。如果仍无法推定,应认定为混合合同,根据具体争议的类型,确定其法律属性。     

On the beginnings of foundational legal research into legal discourse

Conclusion The beginnings of foundational legal research require reflective access to the cultural dynamics which drive the social construction of legal reality. Such access is blocked by our naive immersion within commonsensical and policy-orientated attunements towards our experience of law.Since this very blockage is veiled by its own operation, a suspension of these standpoints is required. This allows us to begin to comprehend the way common sense institutes an ungrounded and superficial obviousness through a self-concealing and naively realistic interpretative schema. From here the positive character of foundational legal studies can itself emerge as the systematic interrogation of legal experience in relation to its what, how and forwhom structure. Foundational theorising is then redirected towards a more respectful and less exploitative relationship with the linguistic roots of our consciousness of law.I would like to thank Peter Goodrich for the useful comments made on the first draft of this article.