Justice John Marshall Harlan as Prophet: The Plessy Dissenter\u27s Color-Blind Constitution

The concept of color-blindness has long elicited much debate over its precise meaning and the role it should play in jurisprudence. Such debate was catalyzed by Justice John Marshall Harlan\u27s well-known Plessy dissent. In the wake of the efforts of both civil rights activists and conservatives to use color-blindness to further their respective goals, Professor O\u27Brien seeks to clarify Harlan\u27s vision of color-blind jurisprudence and examines the ways in which recent Supreme Court decisions echo Harlan\u27s concepts regarding a color-blind constitution. Professor O\u27Brien first provides a brief introduction to the concept of color-blindness. O\u27Brien then examines Harlan\u27s experiences in politics and war to explain the bases of Harlan\u27s beliefs, which O\u27Brien argues were steeped in white paternalism and Republican federalism. By analyzing Harlan\u27s decisions in several key cases, O\u27Brien pinpoints two consistencies in Harlan\u27s race jurisprudence: his commitment to federalism and his belief that for a court to find that a plaintiff has been racially discriminated against, the discrimination must have been explicit and purposeful. Finally, O\u27Brien adresses the limitations of constitutional color-blindness and the ways in which current members of the Supreme Court continue to echo Harlan\u27s opinions regarding the interaction between federalism and color-blind racial justice. Professor O\u27Brien concludes that although John Marshall Harlan was prophetic in his prediction that legally sanctioned segregation would place minorities in a position of legal inferiority, Harlan\u27s world-view caused him to fail to address pervasive prejudice against African-Americans by elevating formal equality and federalism concerns above social realities and remedial needs. Additionally, O\u27Brien concludes that, like Harlan, the current Supreme Court unnecessarily has limited its remedial power with regard to racial justice

Trial Advocacy Basics

Whether you are preparing for your first trial or your hundredth, Trial Advocacy Basics is the book for you. More than just a courtroom primer for novice and experienced trial attorneys, this completely revised edition focuses on what makes jurors tick, and how to effectively communicate the story of your case to both the jury and the judge. From case analysis and theory through cross-examination, impeachment, and closing arguments, Molly Townes O\u27Brien and Gary Gildin provide cutting-edge perspectives on how jurors think and how to optimize both the style and substance of your trial practice. O’Brien and Gildin relate practical advice on every stage of trial preparation and practice in a straightforward manner, using memorable examples and anecdotes, colorful quotes, and humor to highlight each lesson. --Publisher\u27s Descriptionhttps://ideas.dickinsonlaw.psu.edu/fac-books/1007/thumbnail.jp

No time to lose: Negative impact on law student wellbeing may begin in year one

Preliminary results of a pilot study of law students suggest that, during the first year of law study, students may experience changes in thinking styles, stress levels, and satisfaction with life. Although further inquiry into the cause of law student distress is necessary, the authors consider certain assumptions underlying the legal curriculum&mdash;particularly the conception of a lawyer as adversarial, emotionally detached, and competitive&mdash;to be possible sources of the negative impact on student wellbeing.&nbsp; It is suggested that legal educators should re-examine their curricula, particularly their conception of what it means to be a lawyer, and think creatively about ways that law schools may encourage healthier approaches to the study of law. </span

Civil Procedure

This text provides a summary of Australian procedural law to its bare essence to assist students to rapidly come to grips with the main principles, theories and reality of civil litigation.\ud \ud The LexisNexis Study Guide series is designed to assist students in learning the foundations for effective, systematic exam preparation and revision. In each chapter of LexisNexis Study Guide - Civil Procedure, Stephen Colbran, Roger Douglas, Sheryl Jackson and Molly Townes O'Brien clearly identify and explain the pertinent and often difficult topics within civil procedure. The most important and recent cases are summarised to consolidate practical understanding of the theoretical concepts involved in civil procedure

Quantifying the magnitude and potential influence of missing data in campus sexual assault surveys: A systematic review of surveys, 2010–2016

Objective: To quantify the amount of missing data in campus sexual assault surveys and understand how they may influence key conclusions. Methods: We systematically reviewed 40 campus sexual assault surveys conducted from 2010-2016. We 30 constructed a pseudo-population of the total population across schools, creating records proportional to the respective response rate and reported sexual assault prevalence. We then simulated the effects of 9 scenarios where the sexual assault prevalence among non-responders differed from responders. Results: The surveys represented 317,387 female undergraduates with only 77,966 (24.6%) survey responses. 35 Among responders, 20.4% reported sexual assault experience. However, sexual assault prevalence could theoretically range from 5.0 to 80.4% under extreme assumptions about prevalence in non-responders, with smaller differences observed under less extreme assumptions. Conclusions: Missing data are widespread in campus sexual assault surveys. Conclusions drawn from these 40 incomplete data are highly sensitive to assumptions about the sexual assault prevalence among non-responders