Southwestern University law review

Online ISSN: 0886-3296
Publications
Article
This articles examines in detail the complex federal and state regulation over the tissue bank industry, as well as the self-imposed protocol of main industry and trade groups. The article points our the inadequacy of current regulations, as well as the recent problems with disease transmission and infection which plague the industry. Surgical tissue banking encompasses the procurement, processing, preserving, storage and distribution of selected human tissue. Common human tissues utilized include bone, cartilage, ossicles, corneas, heart valves, and skin. Tissue and grafts taken from a living or non-living donor for transplantation to an unrelated recipient are called "allografts." Allografts are human tissues and organs, usually recovered from deceased human donors, which are preserved and stored for transplantation. Proponents of tissue banking argue that the use of human tissue reduces the threat of tissue rejection and that components processed for transplant are readily absorbed into the human body. The surgical use of transplanted tissues has increased remarkably over the past decade. Although innovative a few years ago, the transplanting of human tissue to repair a knee, elbow, or hip is commonplace. One thousand times a day across the country, people have their injuries remedied through the implantation of tissue which comes from a deceased donor. Unlike organs, which are generally implanted into recipients without processing, donated tissues are generally processed before use. Such processing is often done by for-profit firms. The availability and viability of tissue has contributed to the unprecedented growth of the tissue banking industry. Tissues, unlike human organs, can be harvested many hours after death, presuming proper refrigeration, and can be stored for long periods of time. Therefore, more potential donators exist for tissues than organs. Unlike blood banks, which the government regulates narrowly, tissue banks are largely unregulated. While the safety of donated organs is strictly regulated, other non-organ human tissues such as skin, heart valves, bones and cartilage are scarcely regulated. Like blood and other bodily fluids, human tissues (despite being from a cadaver) are living materials which can transmit diseases - including HIV, the virus that causes AIDS, and two types of viral hepatitis. Concern over infection and disease transmission potential is fueling increased concerns about the adequacy of oversight of the human tissue industry, which provides products for an estimated 300,000 transplants per year in the United States.
 
Article
Examines the problem of wrongful convictions through the lens of organizational theory. Discusses details of the false conviction of Josiah Sutton as a case study of system failure.
 
Article
This article traces the historical development of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) against potentially responsible parties (PRPs) by the United States Environmental Protection Agency (EPA). It considers the various ways in which EPA’s hazardous waste site enforcement evolved and changed — from the Agency’s earliest efforts to force hazardous waste site cleanups prior to CERCLA’s passage through the end of the presidency of George W. Bush. It also describes and assays trends in EPA CERCLA enforcement during the Barack Obama administration.
 
Practice settings and job changes by law school type
Practice Setting by law school type, for full or part time students
Rating of factors in obtaining current job
Percent time working in Personal Injury by type of law school attended
Percent of respondents engaging in the following networking activities, by type of law school
Article
This article, based on the first wave of the After the J.D. data, explores the history of urban law schools and asks whether they play the same role today as in the past. In particular, it asks whether the urban, Catholic, and independent categories of law schools located in major urban centers play a distinctive role today or whether law school ratings are more important in allocating students to particular schools and determining what role they will play in the legal profession. The analysis shows some continuities but also some interesting changes - for example, in terms of where immigrants are likely to attend law school and also the current significance of the social networking and location of urban schools today.
 
Article
This article describes a systematicallly designed training program intended to assist lawyers and law students in developing empathic communication skills that will facilitate initial rapport between them and their clients. Most people would describe these skills as 'active listening' or 'empathy statements.' The program empirically demonstrates that with only four hours of training lawyers and law students can learn to respond empathetically to clients. The article also advances arguments that explain why empathetic responses are important for lawyers, and reviews the literature on empathy training in other disciplines.
 
Article
This Article includes the author's exploratory research' and Saul Kassin's and Meghan Dunn's recent findings regarding the facilitative and persuasive effects of viewing a computer-animated display.2 The author's research was designed to compare the effectiveness of four modes of presentation on learning and information retention by par- ticipants in an observing role similar to that of a juror. The four modes are verbal testimony only, verbal testimony with diagrams, verbal testimony with computer animation, and verbal testimony with diagrams and computer animation. This research applies and sup- ports previous research regarding Dual-Coding Theory.3 Dual-Cod- ing Theory suggests a participant's learning is positively affected by presenting verbal narration and illustrations together.4 The author's current research found that pairing computer-animated display con- currently with verbal explanation is the most effective means to con- vey information when compared to traditional forms of presentation. This Article presents both the author's findings and Kassin and Dunn's research.5
 
Article
Many have considered the conversation sparked by #MeToo as a necessary and overdue interrogation of not only the spectre of common sexual harms in American society, but also the inadequacy of traditional mechanisms of accountability. Against this backdrop, smaller-scale flashpoints have erupted over perceived inadequacy of punishment, such as the successful campaign to recall California judge Aaron Persky from the bench over what many saw as leniency in the widely-publicized case of People v. Turner. This paper analyzes the complex relationship between #MeToo and the carceral state. In arguably the most punitive nation on the planet— particularly when considering the breadth and scope of public post- conviction registries—I argue that seeking to address broad and systemic failures of accountability by advocating for more severe punishment paradoxically undermines the larger goals of #MetToo to the extent that those goals are concerned with effectively challenging systems that perpetuate sexual harms. An approach that harmonizes efforts to prevent sexual harms and bring those who cause harm to account without endorsement of carceral politics is explored.
 
Article
Community Supported Agriculture (CSA) is a farm philosophy and marketing strategy that creates a union between consumers and farmers. Extending beyond the traditional buyer-seller relationship, CSA farmers invite customers to participate in food production in a variety of scenarios the authors refer to as “community labor.” But community labor entails a serious paradox. Traditional employment law doctrine envisions autonomous competition between laborer and employer, and makes little room for these novel, community-based relationships. More importantly, rigid application of employment law structures undermines many of the values embedded in the CSA movement and may limit its continued viability and growth. Constructed as an oppositional force to the status quo—particularly the highly industrialized food system—the CSA model provides a unique opportunity to reject the current competition-based employment rules in favor of a more democratic farm labor system characterized by mutual gain and shared values. Accordingly, employment law should take a page from critical legal theory and develop a more nuanced view of worker relationships in the CSA context that support rather than undermine the game-changing potential of community labor in local food systems.
 
Article
A decade ago, many antitrust commentators were predicting a “revival” of franchise antitrust claims flowing in the wake of Eastman Kodak Co. v. Image Technical Services, Inc. The thinking was that Kodak’s recognition of a claim for monopolization of an “aftermarket” for parts and services separate from each other and from a primary product might be extended to cover franchise relationships in which the franchisee is required to purchase fungible products from its franchisor, even though those products could be purchased elsewhere on more favorable terms. Fairly quickly, though, the Third Circuit decided Queen City Pizza, Inc. v. Domino’s Pizza, Inc., which held that a Kodak-type antitrust claim will not lie for allegations that a franchisor “forced” unwanted — but contractually agreed-to — purchases of products on franchisees in the course of the franchise relationship. That case continues to bedevil franchisees suing under antitrust theories. This Article looks back at the Queen City Pizza legacy and where, as a consequence, franchise antitrust litigation stands today.
 
Article
The Carnegie Report* makes a compelling case that preparation for legal practice should involve learning experiences that help to integrate the three basic apprenticeships or dimensions of professional work — thinking, performing, and valuing like a lawyer. This challenge has not been ignored by the legal academy. In recent years especially, many law schools have attempted to foster learning experiences that integrate legal doctrine, lawyering skills, and professional values. These efforts span the spectrum from broad-based curricular change to the addition or revision of individual courses. Not to be overlooked, however, are the immediate integrative learning opportunities presented by unexpected moments of classroom controversy. Many of these moments — whether they involve issues of race, gender, ethnicity, class, disability, sexual orientation, religion, patriotism, or other sensitive subjects — provide valuable opportunities for teaching critical lessons pertinent to becoming self-reflective, well-rounded, and responsible lawyers. Of course, these moments can be diverting and disruptive. But if handled with intention and care, they can be rich with learning potential to help in understanding the integrative character of professional judgment and behavior. To make the most of these moments, we provide a five-lesson framework through which to explore the issues of law, policy, critical thinking, communication and relational skills, and professional values that comprise an integrative approach to legal education. Ultimately, this article attempts to provide both theoretical and practical assistance in maximizing the learning potential inherent in difficult classroom moments. But perhaps most importantly, it attempts to show the meaning and significance of an integrative approach to learning about lawyering by seeing these moments as vehicles to reinforce that potential. In this way, controversial moments are illustrations on a small scale of how to think about and implement integrated learning strategies on a large scale throughout the law school curriculum, even in non-controversial moments. They can be, in effect, prototypical integrative teaching and learning experiences with benefits beyond their boundaries.
 
Article
This essay argues that the efficiency assumption in election law coupled with a resurgent preference for state-focused election administration has come to dominate considerations of the right to vote. Analysis of right-to-vote questions tends to turn around a calculus that puts at its center the efficiency of a state-dominated election system is the core interest the Court seeks to protect. This stands in contrast to a focus on the rights and status of the individual voter, especially where an individual voter confronts a voting regulation that fails to expressly deny that person the right to vote. In this sense, as is the case in a substantial amount of modern jurisprudence, this efficiency approach has overtaken the modern debates over election regulation. This essay explores this issue by tracing the development of voting rights jurisprudence from a laissez-faire position of virtually unfettered deference to state control of the vote to a voter-centric rights-based framework, to a balancing approach that champions the states’ interest in efficiency coupled with the reemergence of deference to state power in regulating voting rights. This essay will then turn to examine whether this doctrinal development is appropriate to the modern rights-related issues concerning voting rights. Ultimately, this essay concludes how this new focus on efficiency is ultimately damaging to the right to vote as it fails to fully encompass how voters are ultimately excluded from the process due to the indirect costs placed on voters as an added mechanism of dissuasion from casting one’s ballot.
 
Article
Legal scholars have been analyzing the impact of race and gender on a range of legal concepts including evidentiary categories and approaches for many years. Feminist scholars and Critical Race Theorists, especially, have questioned the neutrality of legal and evidentiary rules and exposed the unspoken sets of assumptions, values, and particular perspectives that underlie them. Oftentimes, these deep and fundamental concepts are more easily taught in advanced evidence courses or courses that specifically relate to feminist or critical race jurisprudence. Many professors try, however, to find ways to introduce some of these concepts and related issues into the basic law school curriculum. This Essay is an explanation of one of the ways that I have tried to explore some racial issues in a required evidence course.
 
Article
The use of cultural superstitions and occult rituals is a powerful means to control a human trafficking victim and reaches to the depths of one's psychological vulnerability. Combined with other conditions that render a person vulnerable to being trafficked--such as poverty, lack of opportunity, and violent conflict--an individual can become so frightened by the omnipotent powers of the spirit world as to be rendered entirely incapable of resisting criminal acts and human rights violations.
 
Article
Southwestern Law Review, Vol. 45, Forthcoming 2015 George Mason Law & Economics Research Paper No. 15-13 Abstract: As the first of three installments, this article examines and appropriates concepts such as metaphysical univocity (a scheme initiated by John Duns Scotus and enriched by insights proffered by Muslim philosopher Ibn Sīnā) and then considers the immanent frame as part of my defense of religious liberty. The second installment applies my defense to current controversies in the United States. The third utilizes ideas and concepts from the first two articles as part of a comparative study of religious liberty in Turkey wherein I considers the status of religious minorities within Turkey’s borders. This tri-part study is sparked by the contention that: The freedom to practice one's chosen faith is of vital importance to the United States. It was a quest for religious freedom that motivated many of America's founders, and this remains fundamental to [the United States]. Recently President Obama said: "The principle that people of all faiths are welcome in [our] country, and will not be treated differently by their government, is essential to who we are." Today, throughout the world and indeed even here in the [Organization for Security & Cooperation in Europe] (OSCE), governments and societies are struggling with rising religious diversity even as they are called upon to protect the fundamental rights of individuals in all communities who seek to practice their own religious beliefs. As [former] Secretary Clinton put it, "religious freedom provides a cornerstone for every healthy society." The right to believe or not to believe, and to practice one’s convictions without fear of government interference or restriction, is a basic human right. Today, religious freedom is restricted in ways both overt and subtle in too many countries, including participating States. [Ambassador Ian Kelly, United States Mission to the OSCE, Delivered at the OSCE (March 3, 2011).] The first installment of this project shows there are, indeed, grounds for pessimism regarding the fate of religious liberty in both the Latin West and the United States. Number of Pages in PDF File: 61 Keywords: ambitious egalitarianism, exclusive humanism, immanent frame, John Dun Scotus, Latin West, metaphysical univocity, neutrality, religious liberty, secularity, separation of church and state, United States
 
Top-cited authors
William C. Thompson
  • University of California, Irvine
John Barkai
  • University of Hawaiʻi at Mānoa
Linda Morell
  • University of California, Berkeley
Ronit Dinovitzer
  • University of Toronto
Joel A. Mintz
  • Nova Southeastern University