Vol 44. No. 2 Winter 2020 | School of Law | SIU

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Vol 44. No. 2 Winter 2020

ARTICLES

#CriticalReading #WickedProblem

Carolyn V. Williams ..................................................................................................... 179

A majority of incoming law students lack adequate critical reading skills. In order to effectively address this problem, all stakeholders must recognize that this is a “wicked problem.” A wicked problem is one that cannot be definitively described or understood since it is seen differently by different stakeholders, has numerous causes, and is often the symptom of other problems. Addressing this wicked problem requires participation from a myriad of legal education stakeholders and cannot be solved by legal writing professors alone, even with help from academic support staff.

Part II of this Article describes what critical reading is, the proof we have so far that this skill is deficient among students, the reasons behind that deficit, and why that is a problem.

Part III explains the concept and characteristics of wicked problems and how each trait applies to critical reading. Against that background,

Part IV endeavors to convince all stakeholders to join in the discussion by encouraging the use of a critical reading assessment tool.

 

Taking on the Role of Lawyer: Transactional Skills, Transnational Issues, and Commercial Law

Paolo Butturini & Susan L. DeJarnatt.......................................................................... 225

Both American and Italian law schools face an ever-growing call for more skills training and experiential learning as part of legal education. Relatedly, the practice of law increasingly involves international considerations. This Article provides an introductory solution for addressing these concerns.

Part I summarizes the arguments for expanding legal education in the U.S. and in Italy to include transactional skills education within a global context.

Part II offers a model for how schools can do this based on the design and pedagogy of the Introduction to Transactional Skills (ITS) program at Temple University.

Part III shows how the ITS pedagogical model can be adapted to other legal issues and the local needs of any country and can transfer to other cultures.

The Article concludes that the ITS model has the potential and flexibility to be adapted to different systems of education and to function as a bridge between cultures—both at the country level and at the level of a law school classroom. As an introductory solution, ITS can play an effective role in helping law students become familiar with global issues while learning transactional skills.

 

Law and Multidimensional Measurement

Ronald J. Coleman & Ana Vaz.................................................................................... 253

Without accurate measurement of phenomena, it can be difficult to enact targeted corrective policies. While measurement in the social sciences is always challenging, it becomes infinitely more so when the phenomena under study are multifaceted and, thus, cannot easily be assessed by reference to a single factor. Phenomena of this latter variety might include governance, empowerment, or rule of law. Multidimensional measurement techniques have sought to capture such phenomena. Legal scholarship utilizing multidimensional measurement has, to date, generally focused on techniques treating each factor independently, which fails to reveal the interdependency of different factors.

This Article seeks to fill that methodological gap by presenting an alternative measurement framework and illustrating its value for the legal community through a criminal justice index we
have constructed.   

 

Legal Frameworks for Business Transactions and Economic Development

Yong-Shik Lee.............................................................................................................. 273

This Article examines the legal frameworks for business transactions in the context of economic development, with an emphasis on contract law. A conventional view emphasizes the need for formal enforcement of contracts in economic development. However, a contrasting view holds that contract law and formal enforcement are
not important for economic development because the majority of issues and difficulties arising from business transactions are resolved informally, without reference to contractual terms.

This Article considers these views and examines laws and legal frameworks for contracts that are conducive to economic development. Freedom of contract, which is considered a cornerstone of the market economy, also needs to be balanced with public interest, including economic development; for instance, the government may find it necessary to intervene in private contractual relations to meet the needs of economic development, such as
expropriation for infrastructure projects.

This Article also examines the balance between freedom of contract and public interest limits on this freedom, a balance that is constantly changing over the course of economic development. Finally, national and international development agencies have promoted law reforms to improve secured transactions to foster economic development in developing ountries. This Article also examines whether the legal promotion of secured
transactions would be conducive to economic development.

 

NOTES 

The Best Bet: Why Missouri Should Take a Chance on Sports Gambling after Murphy V. NCAA

Garrett McDowell....................................................................................................... 299

Signed into law in 1992, the Professional and Amateur Sports Protection Act (PASPA) effectively outlawed sports betting in the United States. With a few exceptions, the law prohibited most states from authorizing sports betting schemes.

Following its passage, opponents challenged the law, and it was eventually struck down as unconstitutional in 2018. The United States Supreme Court in Murphy v. NCAA determined that PASPA violated the Tenth Amendment and the anticommandeering doctrine. The Court found that the law indirectly regulated sports gambling by unconstitutionally restraining state legislation. With PASPA out of the way, and absent any new federal legislation restricting the activity, states are now free to regulate sports betting.

This Note examines the Murphy decision and proposes a legislative scheme for allowing limited sports betting within the State of Missouri.                 

 

Asylum’s Revolving Door: The Future of Domestic Violence Claims Post-A-B-

Tomei Peppard............................................................................................................. 323

As global migration reaches unprecedented levels, the United States’ immigration system is struggling to keep up with the growing demand. Prior to June 2018, a number of domestic violence victims, particularly from the most dangerous parts of Central America, sought and received asylum in the United States. However, after the Attorney General issued his decision in Matter of A-B-, thousands of domestic violence victims were precluded from claiming asylum, leaving many victims without any options for relief.

Although domestic violence may not easily fit within the statutory scheme of asylum as interpreted by the Attorney General, a modified version of Temporary Protected Status, a statute currently in effect, may provide a legal pathway to deserving victims and provide relief to already overwhelmed immigration courts. 

 

Thirsty For Justice: How the Flint Water Crisis Highlights the Insufficiency of the Citizen Suit Provision of the Safe Drinking Water Act

Erin M. Hodgson........................................................................................................... 347

In 1974, the Safe Drinking Water Act was enacted in order to protect the quality of drinking water in the United States. Like many pieces of environmental legislation at the time, it included a citizen suit provision, an avenue by which ordinary citizens could seek to ensure compliance with the Act and safeguard their ability to access
safe drinking water. Yet despite the Act and its citizen suit provision, the Flint Michigan Water Crisis occurred.

This note explores how the crisis transpired, considers notions of environmental justice, and identifies opportunities within the Act to create more significant and effective citizen suits.