Law Commons^™

Limitations On Government: A Comparative Constitutional Analysis Of American And Iraqi Efforts To Preserve Liberty And To Protect Against Arbitrariness, Hemin Ibrahim Qadir

Law Student Scholarship

This dissertation is a comparative study in constitutionalism, the historical process of limiting government powers to enable the people to be well served and protected in important aspects of their human dignity. The two constitutional systems explored here are those of the United States and Iraq.

People have to be guaranteed protection and the Constitution must restrict the government from being too powerful to enact whatever laws or acts they want. The United States of America passed through many stages from the colonial period until present day to limit government powers, to protect human rights, fundamental rights, natural rights, and …

The Forum (Volume 42, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Seegers Lecture On Jurisprudence 2012, Valparaiso University School Of Law

Seegers Lecture on Jurisprudence

No abstract provided.

The Forum (Volume 42, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith

Law Faculty Publications

No abstract provided.

The Forum (Volume 42, Number 2), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Forum (Volume 42, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

What Is Transformative? An Explanatory Synthesis Of The Convergence Of Transformation And Predominant Purpose In Copyright Fair Use Law, Michael D. Murray

Law Faculty Publications

ABSTRACT

What is Transformative? An Explanatory Synthesis of the Convergence of Transformation and Predominant Purpose in Copyright Fair Use Law

The transformative test has risen to the top of the agenda of the copyright academic community with no less than two major studies of copyright fair use and the impact of the transformative test released in 2011 by Professors Matthew Sag and Neil Netanel that follow up on three recent comprehensive studies of copyright fair use published since 2008. The lessons learned from these two 2011 statistical studies are significant, in that both studies confirm the importance of the transformative …

The Great Recession And The Rhetorical Canons Of Law And Economics, Michael D. Murray

Law Faculty Publications

THE GREAT RECESSION AND THE RHETORICAL CANONS OF LAW AND ECONOMICS, by Michael D. Murray

Abstract

The Great Recession of 2008 and onward has drawn attention to the American economic and financial system, and has cast a critical spotlight on the theories, policies, and assumptions of the modern, neoclassical school of law and economics—often labeled the "Chicago School"—because this school of legal economic thought has had great influence on the American economy and financial system. The Chicago School's positions on deregulation and the limitation or elimination of oversight and government restraints on stock markets, derivative markets, and other financial practices …

After The Great Recession: Law And Economics' Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray

Law Faculty Publications

AFTER THE GREAT RECESSION: LAW AND ECONOMICS’ TOPICS OF INVENTION AND ARRANGEMENT AND TROPES OF STYLE

by Michael D. Murray

Abstract

The Great Recession of 2008 and onward has drawn attention to the American economic and financial system, and has cast a critical spotlight on the theories, policies, and assumptions of the modern, neoclassical school of law and economics—often labeled the "Chicago School"—because this school of legal economic thought has had great influence on the American economy and financial system. The Chicago School's positions on deregulation and the limitation or elimination of oversight and government restraints on stock markets, derivative …

The Promise Of Effective Assistance Of Counsel: Good Enough Isn't Good Enough, Andrea Lyon

Law Faculty Publications

No abstract provided.

Mastering Pdf: Tips & Tools For Creating Pdf Documents, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.

The Forum (Volume 41, Number 6), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Forum (Volume 41, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman

Law Faculty Publications

This is the introduction to a collection of articles to be published in the Valparaiso University Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian interventions. Two of the contributions, those of Jonathan Hafetz and David Frakt, detail the hybrid model, part criminal law, part law of war, that the United States developed for addressing the status of detainees in the War on Terror. Two of the contributions, those of Rachel VanLandingham and Iain Pedden, propose international models for addressing …

"Hope And Despondence": Emerging Adulthood And Higher Education's Relationship With Its Nonviolent Mentally Ill Students, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Overinterpreting Law, Robert F. Blomquist

Law Faculty Publications

Overinterpretation has attracted considerable attention in other fields, such as literary studies, science, and rhetoric, but it is undertheorized in law. This Article attempts to initiate a theory of legal overinterpretation by examining the rhetorical nature of excess, the sociological dimensions of roles in team performances, and citation to legal and non-legal sources that have discussed overinterpretation. The Article concludes by positing illustrative categories of potential legal overinterpretation, and providing an examination of ways to minimize legal overinterpretation through a judicious, pragmatic balance between abstract considerations and concrete considerations in law.

Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman

Law Faculty Publications

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâté de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring …

Intolerable Abuses: Rendition For Torture And The State Secrets Privilege, D. A. Jeremy Telman

Law Faculty Publications

In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, dismissed a complaint brought by five men claiming to have been victims of the U.S. government’s extraordinary rendition program, alleged to involve international kidnapping and torture at foreign facilities. Procedurally required to accept plaintiffs’ allegations as true, the court nonetheless dismissed the complaint before discovery had begun based on the state secrets privilege and the Totten doctrine, finding that the very subject matter of plaintiffs’ complaint was a state secret and that the defendant corporation could not defend itself without evidence subject to the privilege. This Article contends …

The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky

Law Faculty Publications

No abstract provided.

Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss

Law Faculty Publications

This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. The Article begins by analyzing the federal law applicable to students bringing service and assistance animals to campus. The use of animal-assisted activities on campus is also explored. The Article continues with an examination of policies allowing students to have companion animals in campus housing. Concerns raised by administrators about allowing animals on campus are then considered. Finally, the Article sets forth the measures an educational institution should implement to ensure compliance with the law and proposes actions that can …

A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart

Law Faculty Publications

No abstract provided.

The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform, Lawrence A. Frolik, Linda S. Whitton

Law Faculty Publications

The introduction in 1997 of "substituted judgment" as a guiding principle for guardian decisions was a key contribution of the UPC to guardianship reform. The current UPC section 5-314(a) instructs guardians to "consider the expressed desires and personal values of the ward" when making decisions and to "at all times...act in the ward's best interest." This dual mandate for guardian decisions was intended to promote the self-determination interests of incapacitated adults. This article argues that in practice the standard has failed to achieve this goal. It analyzes the shortcomings of UPC Section 5-314(a) and other statutory decision-making standards and offers …

Surrogate Decision-Making Standards For Guardians: Theory And Reality, Linda S. Whitton, Lawrence A. Frolik

Law Faculty Publications

This Article examines the theoretical and practical implications of the substituted judgment and best interest standards for decision making by guardians. After providing an overview of the current decision-making standards in guardianship statutes, the Article synthesizes theoretical debates about what these standards mean and whether they provide an effective paradigm for surrogate decision makers. The authors then use new survey data to offer conclusions about the degree to which the substituted judgment and best interest standards are understood and meaningfully applied by guardians.