Law Commons^™

To Catch A Criminal, To Cleanse A Profession: Exposing Deceptive Practices By Attorneys To The Sunlight Of Public Debate And Creating An Express Investigation Deception Exception To The Aba Model Rules Of Professional Conduct, Tory L. Lucas

Faculty Publications and Presentations

“In undertaking the privilege to practice law, I do solemnly swear that I will lie, deceive, misrepresent, and engage in fraud in order to serve my client’s and my own personal interests.”

It is doubtful that any American attorney believes that he or she has sworn such an oath (or openly advocates the use of such an oath for newly sworn attorneys). But does every American attorney share the same understanding of whether attorneys may ethically engage in deception? The issue of attorney deception has not enjoyed a thorough, open discussion necessary for a consistently applied standard on that issue. …

Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen

Faculty Publications and Presentations

This article examines the legal and policy implications that arise when a school district decides to instruct students on issues concerning same-sex attractions. As more states afford legal recognition to same-sex relationships and adopt non-discrimination codes that include sexual orientation, schools are faced with the decision of what, when, and how to teach children about same-sex attractions. Providing instruction on this divisive issue is fraught with conflict as views and beliefs on the topic are deeply-held, diverse, and often politically charged. In disputes concerning other sensitive topics, courts long have afforded schools broad discretion to implement curriculum without interference from …

Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Deep Seabed: The Laws Of Nature And Nature’S Manganese Nodules, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Model Rules Of Professional Conduct Through The Lens Of The Proverbs, Scott E. Thompson

Faculty Publications and Presentations

No abstract provided.

Nuremberg And The Crime Of Abortion, Jeffrey C. Tuomala

Faculty Publications and Presentations

The crime of abortion played prominently in two international trials held at Nuremberg following World War II—the Goering and Greifelt cases. Allied prosecutors made the case that voluntary and involuntary abortion were war crimes and crimes against humanity. The Goering Judgment identified policies promoting abortion as activities marking the Political Leadership Corps of the Nazi Party as a Criminal Organization. The Greifelt Indictment charged ten defendants with voluntary and involuntary abortion. A focus of the prosecution’s case was the removal of the protection of law from unborn children in occupied Poland and racially non-valuable unborn children of Eastern workers in …

When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth

Faculty Publications and Presentations

In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …

But I'M Not Twenty-One Yet: How Section 3b1.4 Of The United States Sentencing Guidelines Ignored Congress's Intent To Enhance Sentences Only For Adults At Least Twenty-One-Years Of Age Who Corrupt Minors By Using Them To Commit Federal Offenses — And What Federal District Courts Can Do About It, Tory L. Lucas

Faculty Publications and Presentations

If five similar-yet-unrelated criminals use minors to commit similar federal crimes at the same time in different states, justice dictates that the federal sentencing system would fairly apply a use-of-minor enhancement to sentence these similarly situated defendants. One would think. But not all similarly situated defendants who use minors to commit federal offenses will be treated fairly. Why the disparity in federal sentencing? The answer lies in a conflict between the U.S. Congress and the U.S. Sentencing Commission. Congress directed the Sentencing Commission to promulgate a use-of-minor enhancement that ensures that the defendant’s age is relevant by focusing on adult …