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Articles 1 - 30 of 313
Full-Text Articles in Law
La Personalidad Del Embrión: La Filosofía Ante Los Límites De La Imaginación, Richard Stith
La Personalidad Del Embrión: La Filosofía Ante Los Límites De La Imaginación, Richard Stith
Law Faculty Publications
No abstract provided.
El Derecho A Abortar Implica La Explotación Y El Abandono De Las Mujeres, Richard Stith
El Derecho A Abortar Implica La Explotación Y El Abandono De Las Mujeres, Richard Stith
Law Faculty Publications
No abstract provided.
Rechazos Fundamentales De La Doctina De Roe V. Wade, Richard Stith
Rechazos Fundamentales De La Doctina De Roe V. Wade, Richard Stith
Law Faculty Publications
No abstract provided.
La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith
La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith
Law Faculty Publications
No abstract provided.
When Choice Itself Hurts The Quality Of Life, Richard Stith
When Choice Itself Hurts The Quality Of Life, Richard Stith
Law Faculty Publications
“When Choice Itself Hurts the Quality of Life” (how the results of choice may be seen as the fault of the chooser), Human Life Review, vol. XLII, No. 4, Fall 2016. For a more extensive analysis, see "Her Choice, Her Problem: How Having a Choice Can Diminish Family Solidarity", International Journal of the Jurisprudence of the Family, 2 Intl. J. Jurisprudence Fam. 179 (2011)
Where Tradition Meets Innovation: Providing A Practice-Oriented Curriculum, Andrea Lyon
Where Tradition Meets Innovation: Providing A Practice-Oriented Curriculum, Andrea Lyon
Law Faculty Publications
No abstract provided.
Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland
Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland
Law Faculty Publications
In the mid-1970s, the federal courts of appeals began to issue opinions designated “unpublished” that were not typically published, citable, or accorded any precedential value. Many states followed suit. A great debate ensued questioning the practice, which has consumed considerable academic attention and appellate rulemaking time.1 States continue to vary in their treatment of unpublished opinions and even in the wake of Federal Rule of Appellate Procedure 32.1, intended to provide uniformity, the federal circuits remain inconsistent.
Facing The Unborn, Richard Stith
Facing The Unborn, Richard Stith
Law Faculty Publications
(excerpt) An ultrasound video of an unborn child sucking its thumb makes a case against abortion that reason hardly need supplement. But a zygote photographed just after an in vitro conception is not so easily recognizable as a human being or person. Pro-lifers often assume that this difficulty has been overcome by modern science. Since the 1820s, when evidence of ovular fertilization first became known, it has been clear that the life of a human being runs from conception to death.
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman
Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman
Law Faculty Publications
Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put …
The Status Of Nonstatus, Geoffrey Heeren
The Status Of Nonstatus, Geoffrey Heeren
Law Faculty Publications
No abstract provided.
Valparaiso University Law School Guide To Faculty Publications 1879-2014, Steven Probst
Valparaiso University Law School Guide To Faculty Publications 1879-2014, Steven Probst
Law Faculty Publications
The Valparaiso University Law School Guide to Faculty Publications 1879 – 2014, published on the 135th anniversary of the Law School, intends to provide a comprehensive view of faculty publications throughout the history of the institution. It includes the published books, articles, book chapters, essays, introductions, forewords and book reviews written or edited by the Valparaiso Law School faculty.
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole Negowetti
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole Negowetti
Law Faculty Publications
Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …
Marriage Pluralism: Taxing Marriage After Windsor, David J. Herzig
Marriage Pluralism: Taxing Marriage After Windsor, David J. Herzig
Law Faculty Publications
No abstract provided.
Food Labeling Litigation: Exposing Gaps In The Fda's Resources And Regulatory Authority, Nicole Negowetti
Food Labeling Litigation: Exposing Gaps In The Fda's Resources And Regulatory Authority, Nicole Negowetti
Law Faculty Publications
No abstract provided.
"Islamic Law" In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
"Islamic Law" In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
Law Faculty Publications
No abstract provided.
Review Of Current Scholarship On The Fiscal Cliff, David J. Herzig
Review Of Current Scholarship On The Fiscal Cliff, David J. Herzig
Law Faculty Publications
No abstract provided.
The Intertwined Fates Of Affirmative Action In The Military, Robert Knowles
The Intertwined Fates Of Affirmative Action In The Military, Robert Knowles
Law Faculty Publications
No abstract provided.
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Law Faculty Publications
No abstract provided.
Judicial Decisionmaking, Empathy, And The Limits Of Perception, Nicole Negowetti
Judicial Decisionmaking, Empathy, And The Limits Of Perception, Nicole Negowetti
Law Faculty Publications
No abstract provided.
Construction Vs. Development: Polarizing Models Of Human Gestation, Richard Stith
Construction Vs. Development: Polarizing Models Of Human Gestation, Richard Stith
Law Faculty Publications
This essay argues that the polarization of our public debate over embryo-destructive research may be due, to a large extent, not to different valuations of individual human life but to different conceptions of the process of gestation, with one group treating the process as a making or construction and the other treating it as a development. These two incompatible models of reproduction are shown to explain the various positions commonly encountered in this debate over the treatment of embryos, and to a significant degree those encountered in the debate over abortion as well. Finally, the historical, theoretical, and intuitive strengths …
Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland
Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland
Law Faculty Publications
No abstract provided.
Warriors, Machismo, And Jockstraps: Sexually Exploitative Athletic Hazing And Title Ix In The Public School Locker Room, Susan P. Stuart
Warriors, Machismo, And Jockstraps: Sexually Exploitative Athletic Hazing And Title Ix In The Public School Locker Room, Susan P. Stuart
Law Faculty Publications
Sexually exploitative athletic hazing on boys’ athletic teams is an increasingly frequent feature in the news. The physical and psychological abuse of younger team members by those who are more senior is not just humiliating but dangerous. Indeed, some athletes are charged with crimes that are committed during hazing activities. More to the point, the features of sexually exploitative hazing have all the earmarks of sexual harassment when team leaders use sexual assaults to keep younger members in their place by feminizing them or otherwise challenging their ability to conform to a hegemonic masculine sports stereotype. Athletic hazing’s part in …
On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman
On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman
Law Faculty Publications
The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to challenge abuses of executive power in the context of the War on Terror. The Supreme Court first embraced and gave shape to the SSP as an evidentiary privilege in a 1953 case, United States v. Reynolds. Increasingly, the government relies on the SSP to seek pre-discovery dismissal of suits alleging torts and constitutional violations by the government. Lower federal courts have permitted such pre-discovery dismissal because they have confused the SSP with a non-justiciability doctrine derived from an 1875 case, Totten v. United States …
Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland
Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland
Law Faculty Publications
No abstract provided.
Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton
Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton
Law Faculty Publications
This article examines the importance of understanding agent duties and conflicts of interest, both for drafting a power of attorney that meets a principal’s objectives and for providing guidance to the agent who will act under its authority. Professor Whitton suggests that current custom and practice with respect to powers of attorney often overlooks the need to adjust agent duties to accommodate the principal’s expectations, thus resulting in inadvertent conflicts between the duty to do what the principal expects and default duties of loyalty. The article offers practical guidelines for identifying and reconciling these conflicts, as well as best practices …
All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart
All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart
Law Faculty Publications
No abstract provided.
A National "Natural" Standard For Food Labeling, Nicole E. Negowetti
A National "Natural" Standard For Food Labeling, Nicole E. Negowetti
Law Faculty Publications
No abstract provided.
Justice For All: Reimagining The Internal Revenue Service, David J. Herzig
Justice For All: Reimagining The Internal Revenue Service, David J. Herzig
Law Faculty Publications
The ability of the Internal Revenue Service to both collect the tax and enforce the initial determination of tax liability in a neutral and fair manner has been compromised by a February 2011 pronouncement issued by the Department of Justice stating that the President and the Department of Justice believe that section 3 of the Defense of Marriage Act is unconstitutional and that the Department of Justice will no longer defend the statute in courts. The pronouncement results in a disparate treatment of similar taxpayers based solely on the forum of litigation. Through this lens, I examine whether it is …
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren
Law Faculty Publications
Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …
A Monist Supremacy Clause And A Dualistic Supreme Court: The Status Of Treaty Law As U.S. Law, D. A. Jeremy Telman
A Monist Supremacy Clause And A Dualistic Supreme Court: The Status Of Treaty Law As U.S. Law, D. A. Jeremy Telman
Law Faculty Publications
Hans Kelsen identified three possible relationships between the international and domestic legal orders. Dualism understands the international and domestic legal orders as separate and independent. Monism describes a single and comprehensive legal order but can operate with either domestic law or international law as a higher order law. Like many domestic legal orders, that of the United States has never fully worked out which of these three options specifies the status of international law in its domestic legal order. While the text of the United States Constitution suggests a form of monism in which international law is automatically part of …