Law Commons^™

Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert

Faculty Publications and Presentations

The author discusses the transition in from a Natural Law base for American Jurisprudence to legal positivism.

From Pin Point To The Legal Pinnacle, Tory L. Lucas

Faculty Publications and Presentations

In Judging Thomas: The Life and Times of Clarence Thomas, author Ken Foskett argues that “the key to unlocking Justice Thomas’s decision making is not dissecting the opinions but understanding the man who wrote them.” Capturing the essence of Judging Thomas, this quote forms the premise for this book review. A person cannot always be understood by his accomplishments. Instead, we sometimes must look beyond the person himself, and look into that person’s family history. That is precisely what this Thomas biography attempts to do.

This book review, entitled From Pin Point to the Legal Pinnacle, briefly outlines how Thomas …

Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Affirmative Action: Equality Or Reverse Discrimination?, Gabriel Patrick Wasson

Senior Honors Theses

The practice of affirmative action has recently been at the vanguard of intense debate more than any other time in its forty-year history. A growing number of programs including quotas, preferential hiring, minority scholarships, diversity, and reverse discrimination have all been linked to affirmative action, which aims to break down the wall of segregation that excluded racial minorities and women from the workplace and in education. Two class-action lawsuits, Gratz v. Bollinger [02-516] and Gnttter v. Bollinger [02-241], filed in response to white students being denied admission to the University of Michigan's undergraduate and law school program, provided the United …

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas

Faculty Publications and Presentations

A high-beam walking ironworker atop a skyscraper develops a severe case of vertigo. A power saw operator develops narcolepsy. Must the employers of these individuals with disabilities tolerate the risk that they pose to their own safety in fear of facing disability discrimination charges by removing the employees from their jobs? The Americans with Disabilities Act of 1990 (ADA) clearly provides a defense to a discrimination claim by an individual with a disability when the employer takes action based on the individual’s posing a direct threat to the health or safety of other individuals in the workplace. This is commonly …

Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Lifting The Veil: An Expose On The American Bar Association's Arbitrary And Capricious Accreditation Process, Mathew D. Staver, Anita L. Staver

Faculty Publications and Presentations

To understand the flaws of the ABA accreditation process, this article will overview the experience of Barry University School of Law (Barry) with ABA accreditation. Section II will discuss the development and structure of the ABA. Section III will argue that the ABA’s delegation of authority to an internal advisory body to render accreditation decisions, which bind the ABA, is an ultra vires act forbidden both by the laws of its state of incorporation and by the ABA Constitution. Section IV will then discuss the ABA accreditation process as applied to Barry. In Section V, this article will address federal …

Thinking Like A Lawyer, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Disestablishmentarianism Collides With The First Amendment: The Ghost Of Thomas Jefferson Still Haunts Churches, Mathew D. Staver, Anita L. Staver

Faculty Publications and Presentations

This history of church-state relations in the Commonwealth of Virginia date back to Thomas Jefferson and James Madison. Efforts by Jefferson and others to disestablish the state church may be likened to an army conquering a foreign enemy. The state established church was viewed as a remnant of the British government. Disestablishment was considered to be part of the ongoing Revolution. As this article will show, the methods of disestablishment included prohibiting the incorporation of churches, confiscating property, and limiting the amount of real and personal property that churches may own.

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

"Bright Line," "Substantial Participation," Or Something Else: Who Is A Primary Violator Under Rule 10b-5?, Rodney D. Chrisman

Faculty Publications and Presentations

This Note analyzes the competing theories currently used by courts and commentators to determine when a secondary actor’s conduct arises to the level of a primary violation under section 10(b) of the Securities and Exchange Act of 1934 and Securities and Exchange Commission rule 10b-5 on a theory of aiding and abetting primary violators. This Note proposes a workable and logical standard that can be used to differentiate a primary violation from mere aiding and abetting. Part I of the Note discusses the decision in Central Bank of Denver and the resulting dilemma that faced the lower courts in determining …

To Designate Or Not To Designate Under The Family And Medical Leave Act, Tory L. Lucas

Faculty Publications and Presentations

The Family and Medical Leave Act (FMLA) entitles eligible employees to take a total of twelve workweeks of leave during any twelve-month period for specifically prescribed circumstances such as a serious health condition or the birth or adoption of a child. Does the FMLA require employers to specifically designate leave as FMLA leave or risk having to provide more than the guaranteed twelve weeks of leave? This precise question created a circuit split in the federal courts before the Supreme Court of the United States answered the question in March 2002. This article, published in 2000, addressed the issue a …

Christians And The Military, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Supervisors Individually Liable Under The Iowa Civil Rights Act, Tory L. Lucas

Faculty Publications and Presentations

Using federal law, Title VII of the Civil Rights Act of 1964, as a model, the State of Iowa enacted the Iowa Civil Rights Act of 1965 (ICRA) to strengthen anti-discrimination laws on a state level. But the ICRA was not simply a carbon copy of Title VII; instead, the ICRA contained its own unique language, which provided state-specific distinctions to further the interests of Iowans. For thirty-four years, it was an open question as to whether the ICRA authorized individual liability against supervisory employees — as opposed to only employers — for unlawful discrimination. In Vivian v. Madison, 601 …

Collateral Offsets To Workers’ Compensation Benefits, Mathew D. Staver

Faculty Publications and Presentations

An employee who is injured in the course and scope of employment may be entitled to receive indemnity and medical benefits. However, the employer/carrier (E/C) also may be entitled to offset certain collateral benefits against workers' compensation indemnity benefits. The purpose behind the offset rules is to prevent an injured employee from reaping a windfall from the work accident so that the employee is not compensated more after than before the accident.

New Zealand Trustee Investing: Reflecting On Modern Portfolio Theory And The Ancient Distinction Of Principal And Income, F. Philip Manns Jr.

Faculty Publications and Presentations

The New Zealand Trustee Amendment Act 1988 led the common law world in encouraging (perhaps requiring) trustees to use modern portfolio theory ("MPT") techniques when investing trust funds. A recent High Court decision essentially held that trustees should have engaged in MPT-based investment since 1972. Full integration of MPT principles into trust law affects many areas of trust administration, perhaps most prominently the ancient distinction of principal and income. In addition, renewed attention to careful drafting of a settler's investment and payout intentions and greater investment diversification are likely consequences of MPT-based trust investing.

Balancing Federal Court Intervention With State Sovereignty, Mathew D. Staver

Faculty Publications and Presentations

Mathew D. Staver writes about the Abstention Doctrine. The Article provides an analysis of the Anti-Injunction Act and the applicability of the Pullman, Younger, Rooker-Feldman, Brillhart, and Colorado River Abstention Doctrines, paying particular attention to how each doctrine affects a litigator's practice.

Apportionment And Contribution Of Workers' Compensation Benefits, Mathew D. Staver

Faculty Publications and Presentations

The apportionment of benefits between a claimant and a carrier and contribution of benefits between multiple carriers has been a confusing area of law which has generated conflicting appellate court opinions. This article will explore the differences between Florida Statutes sec. 44012(5)(a) in sec. 440.42(3). After discussing the differences, this article will then focus on the multiple applications of sec. 440.42(3), the section dealing with the contribution of responsibility between carriers.

The Value Of Punishment: A Response To Judge Richard L. Nygaard, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Down And Out: Rifed Employees, Taxes, And Employment Discrimination Claims After Schleier, F. Philip Manns Jr.

Faculty Publications and Presentations

No abstract provided.

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Injunctive Relief And The Madsen Test, Mathew D. Staver

Faculty Publications and Presentations

No abstract provided.

Just Cause: The Thread That Runs So True, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Internal Revenue Code Section 162(F): When Does The Payment Of Damages To A Government Punish The Payor?, F. Philip Manns Jr.

Faculty Publications and Presentations

No abstract provided.

Christ’S Atonement As The Model For Civil Justice, Jeffrey Tuomala

Faculty Publications and Presentations

No abstract provided.

What Is The Tax Collector’S Cut Of Judgments And Settlement Proceeds?, F. Philip Manns Jr.

Faculty Publications and Presentations

No abstract provided.

Wrongful Death Of Minors: Missouri Ends The Fiction, Paul Spinden

Faculty Publications and Presentations

No abstract provided.