Law Commons^™

The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Using Suppression Hearing Testimony To Prove Good Faith Under United States V. Leon, John E. Taylor

Law Faculty Scholarship

No abstract provided.

Navigating Troubled Waters: Dealing With Personal Values When Representing Others, Mitchell M. Simon

Law Faculty Scholarship

Legal academics have long struggled to define the appropriate role a lawyer's moral judgment ought to play in client representation. In its simplest terms, the question is: Must a lawyer be a "hired gun," seeking all lawful objectives sought by a client, or may a lawyer act independently to avoid the harm a client's actions will cause innocent parties? Following disclosure of lawyer involvement in the Savings and Loan, Enron and WorldCom failures, many in society joined those scholars calling for greater moral responsibility.

In this article, I provide an analytical approach consistent with existing law and practice that seeks …

Ethics In Large Law Firms: The Principle Of Pragmatism, Kimberly Kirkland

Law Faculty Scholarship

No abstract provided.

Introduction, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Roger Williams On Liberty Of Conscience, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Symposium: Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth: Introduction, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

The United Nations Compensation Commission And The Balancing Of Rights Between Individual Claimants And The Government Of Iraq, John J. Chung

Law Faculty Scholarship

No abstract provided.

Secondary Sources: Top Ten, Susan Drisko Zago

Law Faculty Scholarship

Secondary sources are a legal researcher's best friend. They are a great place to begin researching a new topic as they provide a framework for understanding the subject. Not only will a good secondary source provide researchers with a way of approaching the topic, but it will also introduce beginning researchers to the language of the subject. Secondary sources also contain expert analysis, references to primary law such as cases, statutes, and regulations, and will also include such other resources as governmental reports, statistics, and other secondary sources. While secondary sources are an incredibly valuable research tool, they can offer …

Comment On Orphan Works, Thomas G. Field Jr

Law Faculty Scholarship

Terms of absolute exclusion exceeding the shelf life of particular works give no advantage to authors and publishers, and compulsory licenses are a fair means to increase public access.

Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz

Law Faculty Scholarship

Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who …

Is There A "Religious Question" Doctrine?: Judicial Authority To Examine Religious Practices And Beliefs, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson

Law Faculty Scholarship

No abstract provided.

Even Judges Don’T Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings, Timothy P. Chinaris

Law Faculty Scholarship

A lawyer charged with a disciplinary violation is in a precarious position. Not only has the lawyer been accused of being "unethical," but he or she faces prosecution by an adversary typically staffed with professional prosecutors who are familiar with the system's often-arcane procedures and backed up by substantial financial resources. In order to mount an effective defense against the disciplinary charges, an accused lawyer may want to introduce expert testimony on his or her behalf. Will such testimony be admitted? Unfortunately for the accused lawyer, the answer is not at all clear. The relatively few jurisdictions that have directly …

More Than The Camel’S Nose: The Sarbanes-Oxley Act As Bad News For Lawyers, Clients, And The Public, Timothy P. Chinaris

Law Faculty Scholarship

Business executives, accountants, lawyers, and the general public have shown great interest in the Sarbanes-Oxley Act ("the Act") that was passed by Congress and signed into law by President George W. Bush in 2002. Designed as securities legislation, the Act reaches into areas of lawyer conduct, and the regulation of that lawyer conduct, that previously were the domain primarily of state supreme courts. Lawyers, law firms, and bar organizations have recognized that the concept of what it means to be an ethical lawyer has been altered by the Act. Related developments spawned by the Act's passage will continue to change …

Justice Brennan's Significant Departure And Warning Of An Evisceration, David L. Hudson Jr.

Law Faculty Scholarship

An essay on Justice Brennan's First Amendment jurisprudence regarding obscenity and the secondary effects doctrine.

Student Expression In The Age Of Columbine: Securing Safety And Protecting First Amendment Rights, David L. Hudson Jr.

Law Faculty Scholarship

"Student Expression in the Age of Columbine" is one in an ongoing series of First Reports, published by the First Amendment Center, on major First Amendment issues of our time.

Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies

Law Faculty Scholarship

Prosecutors face the continual temptation to overreach in decisions about the control of information. At each phase of a criminal proceeding, from investigation through trial, prosecutors make crucial decisions about information to disclose and highlight with courts, juries, and the public. In ordinary times, courts, defense counsel, the media, and internal sources of oversight can place some constraints, however tenuous, on the prosecutor’s efforts to monopolize the management of information. However, external events, such as the attacks of September 11, 2001, can weaken these constraints, producing alarming spikes in prosecutorial power.

Improving The Efficiency Of The Angel Finance Market: A Proposal To Expand The Intermediary Role Of Finders In The Private Capital Raising Setting, John L. Orcutt

Law Faculty Scholarship

The angel finance market is of critical importance to the financing and creation of rapid-growth start-ups, whose continuous creation plays a substantial role in the success of the U.S. economy. Unfortunately, the angel finance market suffers from systematic problems, including information and agency problems and high transaction costs, that limit its ability to adequately finance these rapid-growth start-ups. One reason for the angel market's inefficiency is the lack of meaningful financial intermediaries that operate in the market. One logical group that could serve a meaningful intermediary role in the angel market is finders. The current regulatory treatment of finders, however, …

Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd

Law Faculty Scholarship

Justice O’Connor’s “perception of endorsement” standard governs the analysis of religious displays on public property for purposes of the Establishment Clause. The test rests on the perceptions of an “objective observer,” endowed with essentially perfect factual information, who assesses whether the display of religious imagery reasonably implies official endorsement of its message. Applying this standard, a well-developed jurisprudence unambiguously proscribes the permanent placement of religious symbols on public land. The remediation of these violations, however, is an ad hoc and often superficial exercise. This Article proposes a framework to realign the remedial inquiry with the rigorous assessment of the proscription …

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

Law Faculty Scholarship

This Essay considers ways in which female attorneys confront sexism and stereotyping in the legal profession and in life, and strongly endorses embracing feminism, and wearing comfortable shoes.

Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Allen Ford

Law Faculty Scholarship

Unsolicited bulk commercial email is an increasing problem, and though many states have passed laws aimed at curbing its use and abuse, for several years the federal government took no action. In 2003 that changed when Congress passed the CAN-SPAM Act. Though the law contains many different restrictions on spam messages, including some restriction of nearly every type that states had adopted, the Act was widely criticized as weak. Many of the CAN-SPAM Act's provisions are weaker than corresponding provisions of state law, and the Act preempts most state spam laws that would go farther, including two state laws that …

Women In The Web Of Secondary Copyright Liability And Internet Filtering, Ann Bartow

Law Faculty Scholarship

This Essay suggests possible explanations for why there is not very much legal scholarship devoted to gender issues on the Internet; and it asserts that there is a powerful need for Internet legal theorists and activists to pay substantially more attention to the gender-based differences in communicative style and substance that have been imported from real space to cyberspace. Information portals, such as libraries and web logs, are "gendered" in ways that may not be facially apparent. Women are creating and experiencing social solidarity online in ways that male scholars and commentators do not seem to either recognize or deem …