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Full-Text Articles in Law

Follow The Money! What Are You Spending On Research Sources? Part Iii: Teaching Old Resources To Do New Tricks, Shannon Kemen, Emily Janoski-Haehlen Nov 2010

Follow The Money! What Are You Spending On Research Sources? Part Iii: Teaching Old Resources To Do New Tricks, Shannon Kemen, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Helpful Smartphone Applications For Legal Professionals, Emily Janoski-Haehlen May 2010

Helpful Smartphone Applications For Legal Professionals, Emily Janoski-Haehlen

Law Faculty Publications

No abstract provided.


Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David Cleveland Jan 2010

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David Cleveland

David R. Cleveland

While unpublished opinions are now freely citeable under Federal Rule of Appellate Procedure 32.1, their precedential value remains uncertain. This ambiguity muddles the already unclear law surrounding qualified immunity and denies courts valuable precedents for making fair and consistent judgments on these critical civil rights issues. When faced with a claim that they have violated a person’s civil rights, government officials typically claim qualified immunity. The test is whether they have violated “clearly established law.” Unfortunately, the federal circuits differ on whether unpublished opinions may be used in determining clearly established law. This article, Clear as Mud: How ...


Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren Jan 2010

Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren

Law Faculty Publications

No abstract provided.


Mexican Families & United States Immigration Reform, Bernard Trujillo Jan 2010

Mexican Families & United States Immigration Reform, Bernard Trujillo

Law Faculty Publications

This essay argues that we should understand U.S. immigration policy as a series of bi-national relationships rather than as a single, user-indifferent interface. Applying this regulatory approach to Mexican labor migration (i) allows a more accurate definition of the migrating person in the context of the family he seeks to support; and (ii) highlights the United States' duty to provide for Mexican families.


Congress Needs To Repair The Court's Damage To § 1983, Ivan E. Bodensteiner Jan 2010

Congress Needs To Repair The Court's Damage To § 1983, Ivan E. Bodensteiner

Law Faculty Publications

Today it is not unusual for a § 1983 plaintiff to establish a violation of the U.S. Constitution and resulting injuries, yet be denied damages because of the Supreme Court's misinterpretation of the 1871 statute. This anomaly is the result of several defenses created by the Court, including absolute and qualified immunity, the rejection of respondeat superior liability for municipalities, and the expansion of sovereign immunity, based, in part, on a misinterpretation of the Eleventh Amendment. Several other rulings of the Court narrow the circumstances under which private parties are subject to § 1983 liability, refuse to exempt § 1983 actions ...


Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland Jan 2010

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland

Law Faculty Publications

No abstract provided.


Los Grandes Rechazos De La Sentencia Roe V. Wade, Richard Stith Jan 2010

Los Grandes Rechazos De La Sentencia Roe V. Wade, Richard Stith

Law Faculty Publications

: Quizás mayormente a causa del poder económico de los Estados Unidos, su alta jurisprudencia constitucional suele tener mucha influencia en otros países. En particular, la sentencia de la Corte Suprema norteamericana Roe v. Wade, que declaró un derecho al aborto durante todo el embarazo, puede conducir a la legalización del aborto a petición por los grandes tribunales de otras naciones. Pero antes de intentar de andar este surco abierto por la Corte estadounidense, los otros tribunales desearán saber que la sentencia ha sido rotundamente rechazada por fuentes bastante sorprendentes. El razonamiento de Roe ha sido rechazado por los peritos académicos ...


Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss Jan 2010

Why Context Matters: Defining Service Animals Under Federal Law, Rebecca J. Huss

Law Faculty Publications

This Article analyzes the differing definitions of service animals under federal law as interpreted by three separate agencies. The regulations and case law interpreting the issue under the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act illustrate the need for further clarification in order to ensure that individuals with disabilities are granted the full protection of the law.

Note from Author: After the publication of this article, in July 2010, final regulations for the ADA were released. These final regulations can be found at 75 Fed. Reg. 56164 (Sept. 15, 2010) (applying to state ...


Everything You Ever Needed To Know About Good Lawyering, You Can Learn From Elder Law, Linda S. Whitton Jan 2010

Everything You Ever Needed To Know About Good Lawyering, You Can Learn From Elder Law, Linda S. Whitton

Law Faculty Publications

No abstract provided.


Bagram, Boumediene, And Limited Government, Robert Knowles Jan 2010

Bagram, Boumediene, And Limited Government, Robert Knowles

Law Faculty Publications

No abstract provided.


Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman Jan 2010

Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman

Law Faculty Publications

This Essay introduces a collection of essays that have evolved from papers presented at a conference on “International Law in the Domestic Context.” The conference was a response to the questions raised by the U.S. Supreme Court’s decision in Medellín v. Texas and also a product of our collective curiosity about how other states address tensions between international obligations and overlapping regimes of national law.

Our constitutional tradition speaks with many voices on the subject of the relationship between domestic and international law. In order to gain a broader perspective on that relationship, we invited experts on foreign ...


For Jack, Man Of The Book, Laura Gaston Dooley Jan 2010

For Jack, Man Of The Book, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.


Hybrid Courts: Examining Hybridity Through A Post-Colonial Lens, Elizabeth M. Bruch Jan 2010

Hybrid Courts: Examining Hybridity Through A Post-Colonial Lens, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.


Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman Jan 2010

Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman

Law Faculty Publications

No abstract provided.


A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman Jan 2010

A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman

Law Faculty Publications

This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal theory in over a dozen countries. The Essay offers four explanations for the failure of Kelsen’s pure theory of law to take hold in the United States. Part I covers the argument that Kelsen’s approach failed in the United States because it is inferior to H. L. A. Hart’s brand of legal positivism. Part II discusses the historical context in which Kelsen taught and published in the United States and explores both philosophical and sociological reasons why the legal academy in ...


For Jack, Mentor And Friend, D. A. Jeremy Telman Jan 2010

For Jack, Mentor And Friend, D. A. Jeremy Telman

Law Faculty Publications

No abstract provided.


Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland Jan 2010

Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland

Law Faculty Publications

No abstract provided.


Responses To The Ten Questions, Robert Knowles Jan 2010

Responses To The Ten Questions, Robert Knowles

Law Faculty Publications

No abstract provided.


In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart Jan 2010

In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart

Law Faculty Publications

In loco parentis is a common law doctrine that has been used to characterize the on-campus relationship between a school and its students, but its abuse has led to such absurd cases as Safford Unified School District No.1 v. Redding. Although waning in higher education, the doctrine is experiencing a resurgence in elementary and secondary schools. As originally conceived, the doctrine was used primarily to justify and defend student disciplinary actions: the school stood in the shoes of the parent and had authority to discipline, almost at will. The doctrine, however, never seemed to have a corollary in the ...


Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz Jan 2010

Save The Children: The Legal Abandonment Of American Youth In The Workplace, Seymour Moskowitz

Law Faculty Publications

No abstract provided.


Dickens Redux: How American Child Labor Law Became A Con Game, Seymour Moskowitz Jan 2010

Dickens Redux: How American Child Labor Law Became A Con Game, Seymour Moskowitz

Law Faculty Publications

Millions of American teens are employed today in a variety of workplaces. The jobs they hold typically provide little human capital for their future economic self·sufficiency, and pose substantial immediate and long-term safety, academic, and behavioral risks for this generation. This Article seeks to answer the question of how American law and society reached this situation, which has such disastrous effects for working youth, their families, and society as a whole. Three main themes are developed:

1. Child labor has always been part of the American economy, from colonial times until today. While there have been more than 150 ...


Time To Bury The Shocks The Conscience Test, Rosalie Berger Levinson Jan 2010

Time To Bury The Shocks The Conscience Test, Rosalie Berger Levinson

Law Faculty Publications

The Supreme Court has acknowledged that "the Due Process Clause, like its forebear in the Magna Carta, was 'intended to secure the individual from the arbitrary exercise of the powers of government'...to prevent governmental power from being 'used for purposes of oppression.'"1 Historically, Magna Carta was aimed a·t limiting the power of the king. Today, substantive due process is invoked to challenge arbitrary deprivations of life, liberty, and property by officials, such as police officers, jail guards, public-school educators, public employers, and members of zoning boards. However, the Supreme Court has emasculated its efficacy as a limitation ...


A Tribute To Mary Lawrence, Ruth C. Vance Jan 2010

A Tribute To Mary Lawrence, Ruth C. Vance

Law Faculty Publications

No abstract provided.


On The Legal Validation Of Sexual Relationships, Richard Stith Jan 2010

On The Legal Validation Of Sexual Relationships, Richard Stith

Law Faculty Publications

No abstract provided.


What Federal Rulemakers Can Learn From State Procedural Innovations, Seymour Moskowitz Jan 2010

What Federal Rulemakers Can Learn From State Procedural Innovations, Seymour Moskowitz

Law Faculty Publications

No abstract provided.


When International Law Was A Domestic Problem, Paul Finkelman Jan 2010

When International Law Was A Domestic Problem, Paul Finkelman

Valparaiso University Law Review

No abstract provided.


The Jurisprudence Of American National Security Presiprudence, Robert F. Blomquist Jan 2010

The Jurisprudence Of American National Security Presiprudence, Robert F. Blomquist

Valparaiso University Law Review

No abstract provided.


The Role Of International Human Rights Law In Australian Law, Jim Kennan S.C. Jan 2010

The Role Of International Human Rights Law In Australian Law, Jim Kennan S.C.

Valparaiso University Law Review

No abstract provided.


For Congo Jack, Gentle Globetrotter, Paul H.W. Brietzke Jan 2010

For Congo Jack, Gentle Globetrotter, Paul H.W. Brietzke

Valparaiso University Law Review

No abstract provided.