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Articles 1 - 26 of 26
Full-Text Articles in Law
Climate Change: An Alaskan Perspective, The Honorable Lisa Murkowski
Climate Change: An Alaskan Perspective, The Honorable Lisa Murkowski
Brendan F. Brown Lecture Series
Citing “almost universal acceptance that our planet is warming,” Sen. Lisa Murkowski (R-Alaska) told an audience at Catholic University’s law school that the smartest path to controlling climate change lies in a combination of new technologies to reduce greenhouse gases, helping developing countries adopt new and cleaner energy sources and bringing economic development to countries facing extreme poverty. A member of the Senate Energy and Natural Resources Committee, Murkowski’s Brendan Brown Lecture represented the senator’s most detailed statement so far on the issue of planetary warming. “Climate change is real and something we’ll be dealing with throughout our lifetimes,” she …
Regulation Of Political Organizations And The Red Herring Of Tax-Exempt Status, Roger Colinvaux
Regulation Of Political Organizations And The Red Herring Of Tax-Exempt Status, Roger Colinvaux
Scholarly Articles
Congressional codification of section 527 in 1975 largely reflected the IRS’s treatment of political organizations at the time, including that contribution income was not taxable income, and did not provide a significant tax subsidy. In 2000, Congress amended section 527 to impose reporting obligations and, simultaneously, made section 527 voluntary, thus reviving pre–1975 law. The lack of a significant subsidy undermines the effectiveness of imposing burdens on section 527 organizations where there is a choice of tax treatment. The lack of a significant subsidy also raises the constitutional bar to imposing any burdens on section 527 organizations.
The Public Trust Doctrine And Natural Law: Emanations With A Penumbra, George P. Smith Ii, Michael W. Sweeney
The Public Trust Doctrine And Natural Law: Emanations With A Penumbra, George P. Smith Ii, Michael W. Sweeney
Scholarly Articles
In American jurisprudence, the public trust doctrine emerged as a means of protecting certain limited environmental interests, such as coastal waterways and fishing areas, which were preserved for the benefit of the public and distinguished from grants of private ownership. Modern scholars have, however, called for an expansive application of the public trust doctrine - citing, as such, the growing inventory of "changing public needs" in the environmental context, such as the need for improved air and water quality, and the conservation of natural landscape. This Article examines the history and scope of the public trust doctrine in order to …
Recordings, Transcripts And Translations As Evidence, Clifford S. Fishman
Recordings, Transcripts And Translations As Evidence, Clifford S. Fishman
Scholarly Articles
Secretly recorded conversations often play a vital role in criminal trials. However, circumstances such as background noise, accidents, regional or national idioms, jargon, or code may make it difficult for a jury to hear or understand what was said--even if all participants were speaking English. Thus, a recording's value as evidence will often depend on whether an accurate transcript may be distributed to the jury. This Article discusses several legal issues, including: Who should prepare a transcript? What should it contain? How should its accuracy be determined, and by whom? Should the transcript be considered evidence, or only an "aid …
Mara’Abe V. Prime Minister Of Israel, Geoffrey R. Watson
Mara’Abe V. Prime Minister Of Israel, Geoffrey R. Watson
Scholarly Articles
No abstract provided.
Rethinking Bibliographic Services – The University Of California Libraries Asks How They Can Provide Better End-User Services Through Bibliographic Processing, Elizabeth A. Edinger
Rethinking Bibliographic Services – The University Of California Libraries Asks How They Can Provide Better End-User Services Through Bibliographic Processing, Elizabeth A. Edinger
Scholarly Articles
No abstract provided.
The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami
The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami
Scholarly Articles
This essay explores the criminological commitments of religious prisons. Though religious prisons serve rehabilitative aims, this essay emphasizes the importance of their retributive goals-what Professor R.A. Duff has termed the censure-communicating purpose of punishment and the "Three 'R's of Punishment" (repentance, reform, and reconciliation)9-in justifying the use of religious programming in prisons. The focus of this article is narrow: it offers an argument in response to skeptics who claim that religious programming serves no criminological purpose absent an unequivocal showing of rehabilitative effectiveness. It claims that even if the evidence of reduced recidivism has been inflated or manipulated, as many …
The “Rootkit Debacle”: The Latest Chapter In The Story Of The Recording Industry And The War On Music Piracy, Megan M. La Belle
The “Rootkit Debacle”: The Latest Chapter In The Story Of The Recording Industry And The War On Music Piracy, Megan M. La Belle
Scholarly Articles
In the age of digital music, illicit copying or burning of CDs is a rampant problem that undermines the rights of copyright holders, record labels, and artists alike. The recording industry has attempted to address this problem by manufacturing and releasing CDs with various types of digital rights management (DRM) technologies. Most recently, Sony BMG introduced CDs containing DRM software that was intended, among other things, to limit the number of copies of the CD the user could make, and prevent the user from sharing the content of the CD on peer-to-peer networks. However, the manner in which this software …
First Do No Harm: Law Professor Misconduct Toward Law Students, Lisa G. Lerman
First Do No Harm: Law Professor Misconduct Toward Law Students, Lisa G. Lerman
Scholarly Articles
No abstract provided.
Recoiling From Religion, Marc O. Degirolami
Recoiling From Religion, Marc O. Degirolami
Scholarly Articles
This review offers a critical appraisal of God vs. the Gavel, in particular of Professor Hamilton's discussion of the complicated idea of the public good and how it intersects with religious free exercise interests. In Part II, the review explains the structure of the book and the framework for Hamilton's conclusions about religious accommodation. It emphasizes several instances of Hamilton's use and explanation of the concept of the public good. Part III articulates Hamilton's general theory of the public good, breaking the concept down into several distinct categories suggested by the book itself. The review critiques the book's explanation and …
More Than A Witness: The Role Of Custodial Parents In The Iv-D Child Support Process, Stacy Brustin
More Than A Witness: The Role Of Custodial Parents In The Iv-D Child Support Process, Stacy Brustin
Scholarly Articles
No abstract provided.
The Impact Of The War Over The Corporate Attorney-Client Privilege On The Business Of American Health Care, Sarah Helene Duggin
The Impact Of The War Over The Corporate Attorney-Client Privilege On The Business Of American Health Care, Sarah Helene Duggin
Scholarly Articles
The purpose of this article is to review the current dispute over the corporate attorney-client privilege and work product doctrine and to explore its impact on the provision of health care. The article's principal thesis is that a strong attorney-client privilege, along with robust work product protection, is critical to the business of health care, the quality of medical services, and the effective enforcement of federal and state health care laws. Part I begins with a brief account of the origins and scope of the conflict between federal law enforcement policies and the corporate attorney-client privilege and work product doctrine …
The Ongoing Battle Over Weingarten Rights For Nonunion Employees: What Do Terrorism, Corporate Fraud And Workplace Violence Have To Do With It?, Sarah Helene Duggin
The Ongoing Battle Over Weingarten Rights For Nonunion Employees: What Do Terrorism, Corporate Fraud And Workplace Violence Have To Do With It?, Sarah Helene Duggin
Scholarly Articles
Part I of this article offers a brief history of the development of the right of employees to co-worker representation. Part II analyzes the Board's June 2004 decision to withdraw Weingarten rights from non-union employees, and Part III explores key policy factors relevant to recognition of an employee's right to the presence of a co-worker in an investigative interview. Part IV argues that, rather than eliminating Weingarten rights for non-unionized workers, the NLRB should take the next available opportunity to reaffirm and enhance these safeguards.
A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman
A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman
Scholarly Articles
In this Article, I examine the dishonest billing practices alleged to have occurred and the analysis of the dishonesty by the Hearing Committee and the court. I offer a critique of the investigation of the case, the findings of fact and the legal standards applied. I compare this billing fraud case to the leading case on misappropriation of client funds in the District of Columbia. I argue that the decision-makers (Hearing Committee, Board on Professional Responsibility, and court of appeals) have gone to great lengths to avoid addressing the very grave dishonesty that led to this disciplinary matter. I speculate …
Dean Steven P. Frankino: Inspired Leadership Of Grace, Power And Abundant Generosity, Veryl Victoria Miles
Dean Steven P. Frankino: Inspired Leadership Of Grace, Power And Abundant Generosity, Veryl Victoria Miles
Scholarly Articles
No abstract provided.
Law’S Quandary: An Echo Of The Infinite, A Glimpse Of The Unfathomable, William J. Wagner
Law’S Quandary: An Echo Of The Infinite, A Glimpse Of The Unfathomable, William J. Wagner
Scholarly Articles
No abstract provided.
Law, Religion, And Medical Science: Conjunctive Or Disjunctive?, George P. Smith Ii
Law, Religion, And Medical Science: Conjunctive Or Disjunctive?, George P. Smith Ii
Scholarly Articles
No abstract provided.
Steven P. Frankino: A Fond Farewell, George P. Smith Ii
Steven P. Frankino: A Fond Farewell, George P. Smith Ii
Scholarly Articles
No abstract provided.
Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Thought, Lucia A. Silecchia
Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Thought, Lucia A. Silecchia
Scholarly Articles
In recent years, there has been a renewed interest in the proper role of religion in the public square. This paper offers brief reflections on the role for religious entities to play in the process of law-making and the development of public policy. It addresses this question NOT from the perspective of the government looking at religion to see what role it should play. Rather, it examines this question from the perspective of a religious group assessing what its proper role and moral obligations might be in the public square. Much of this discussion is taken, specifically, from principles of …
Aiding Clinical Education Abroad: What Can Be Gained And The Learning Curve On How To Do So Effectively, Leah Wortham
Aiding Clinical Education Abroad: What Can Be Gained And The Learning Curve On How To Do So Effectively, Leah Wortham
Scholarly Articles
The author advocates donor support for clinical education projects abroad and outlines the minimal requisites that she would have for such projects - direct experience with disadvantaged clients, faculty involvement, and sincerity and integrity of organizers. She cautions against funders and consultants pressing new clinics to fit American clinical models. She provides sample reporting questions that would require projects to reflect on goals sought and results achieved. She draws lessons for efforts to assist clinics abroad from critiques of the law and development movement (LDM), the last major international initiative in legal education reform; more recent efforts termed the New …
Why Sell What You Can License?, Contracting Around Statutory Protection Of Intellectual Property, Elizabeth I. Winston
Why Sell What You Can License?, Contracting Around Statutory Protection Of Intellectual Property, Elizabeth I. Winston
Scholarly Articles
Historically, the transfer of goods has been through sale, a model regulated by public legislation. Increasingly, however, the transfer of goods is occurring through licensing, a model regulated by private legislation. Privately-legislated licenses - for such chattels as musical and written works and agricultural goods - are being used to circumvent publicly-legislated restrictions on intellectual property. Private legislation should not circumvent public legislation, and intellectual property owners should not be allowed to circumvent the statutory scheme for protection of intellectual property. Licenses that augment publicly-legislated protection of intellectual property support the traditional role of contracts and should be enforced. Licenses …
The Stem Cell Debate, William J. Wagner, Ursula Weide
The Stem Cell Debate, William J. Wagner, Ursula Weide
Scholarly Articles
No abstract provided.
A Legal Career For All Seasons: Remembering St. Thomas More’S Vocation, Veryl Victoria Miles
A Legal Career For All Seasons: Remembering St. Thomas More’S Vocation, Veryl Victoria Miles
Scholarly Articles
The vast majority of the work taking place in most law schools is the preparation of law students for the practice of law; namely, to teach legal theory and doctrine, legal analysis, writing, and advocacy. In sum, the goal of most law schools is to teach the many different skills required in law practice and the professional rules of legal ethics. What appears to be lacking in the preparation of future lawyers are lessons on how to incorporate this vast amount of specialized learning and skill in ways that will be harmonious with the personal, moral, and ethical values that …
Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner
Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner
Scholarly Articles
Predatory lending is an avaricious fraud that demands attention. Several states have enacted new laws to combat predatory lending. Moreover, the battle against predatory lending and other abusive practices has focused attention on the overall structure of consumer credit laws. The current structure is dual; both state and federal governments play significant roles in combating credit fraud. The dual structure has been the source of controversy as federal regulators have claimed the power to preempt state law. This article furthers the structural debate and the effort to combat predatory lending by examining the architecture of consumer credit laws within the …
Restoring Trust In Corporate Directors: The Disney Standard And The ‘New’ Good Faith, Sarah Helene Duggin, Stephen M. Goldman
Restoring Trust In Corporate Directors: The Disney Standard And The ‘New’ Good Faith, Sarah Helene Duggin, Stephen M. Goldman
Scholarly Articles
The purpose of this Article is to explore the parameters and potential impact of the good faith standard articulated in Disney V and clarified in Stone. Part I begins with a brief review of the historical impact of the tension between entrepreneurial freedom and managerial accountability, and Part II explains why the Disney standard differs significantly from the traditional understanding of good faith as the absence of subjective bad faith. Part III points out that the court's use of the language of bad faith to articulate the new good faith may undercut the effectiveness of the standard. It urges further …
Teaching Ethics In And Outside Of Law Schools: What Works And What Doesn’T, Lisa G. Lerman
Teaching Ethics In And Outside Of Law Schools: What Works And What Doesn’T, Lisa G. Lerman
Scholarly Articles
No matter the setting or the audience, certain approaches are more likely than others to engage the students in learning the relevant law and exploring the array of dilemmas that lawyers encounter in practice. Some methods are more likely than others to help students to increase their ability to recognize ethical dilemmas and to understand the institutional dynamics and economic pressures that lead some lawyers to rationalize unethical conduct. On the other hand, some approaches to teaching ethics are almost certain to fail, to produce boredom, animosity, cynicism or alienation among participants. What follows is a short inventory of some …