Law Commons^™

The Dueling First Amendment Clauses: Are They In Tension, Or Do They Work Together?, James Black

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The Establishment and Free exercise clauses of the First Amendment respectively state that Congress does not have the ability to pass a law that would either establish a national religion or prohibit the free exercise of any religion. While some legal scholars have given a more secular interpretation of the Establishment Clause, suggesting that there is no place for Christianity or any other religion in the public square or to influence American government, this is in conflict with interpretation by a substantial number of legal experts and constitutional scholars living both in and before the modern era, some of whom …

Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Terroristic values are easy to be ascribed to foreign enemies, but it is far more difficult to admit that domestic citizens could be extremist to the point of being labeled a terrorist. Terrorists are not born; they are made. The following research focuses on the commonalities of upbringing in known domestic terrorists within the United States of America that may reveal noticeable similarities in education, radicalization, and identity. The criminal justice system has yet to discover a perfect method of administering retribution to terrorists. While they have broken the law, their intentions and results are not the same as an …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Contract Law Casebook Research Spreadsheet, Raza M. Husnain

Undergraduate Student Research Internships Conference

This is a spreadsheet with case law and legal articles & commentaries that pertain to updates, interesting discussions, and critiques of Canadian contract law since 2017. This was done for the purpose of updating the Cases and Materials on Contract Law casebook used for first-year Western Law students. The focus of the research is on the Canadian context, but international sources, particularly those from commonwealth nations, are drawn from as well.

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

The Experiences Of Healthcare Workers And Lawyers Engaging In Remote Work, Desha Puri, Tracey L. Adams Dr.

Undergraduate Student Research Internships Conference

This study aims to compare the experiences of healthcare workers and lawyers engaging in remote work during the Covid-19 pandemic. The research poster presents a content analysis of the current research on the experiences of professions in the two fields mentioned above. In engaging in content analysis, the study advances a select number of thematic value codes that effectively characterize the similarities and differences between the two professions. With these thematic values codes, it has been found that the healthcare profession and law profession have had a similar experience working from home. With these similarities and differences, one can propose …

Drones: Where Does The National Airspace System Start?, Jason T. Lorenzon J.D.

National Training Aircraft Symposium (NTAS)

Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).

Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace …

Trial Of Young Adults And Sanctions Against Them, Albulena U. Ukimeraj

UBT International Conference

The juvenile delinquency issue is also regulated by the Kosovo legislation, respectively with the Juvenile Justice Code. This Code, also addresses the issue of adjudication of young adults. To these category, a special and more favorable status is been recognized comparing to the older persons in criminal procedure conducted against them, because of their different personality features and their different reaction in specific situations. The possibility to pronounce soft sanctions on the young adults is also well covered by other social sciences such as criminology, psychology, criminal law, criminal procedure law and it is claimed that the purpose of criminal …

Constitutional Utopianism, Susan N. Herman

UTOPIA500

The sixth and final UTOPIA500 presentation was April 21, 2016. Professor Susan Herman, Centennial Professor of Law at Brooklyn Law School and President of the American Civil Liberties Union, received the official "Me and Tommy More" polo shirt from Dr. Michael P. Malloy, organizer of the UTOPIA500 project. Professor Herman delivered a presentation on Constitutional Utopianism. She explored the literary devices that More employed as narrative strategies in Utopia, and argued that his intention may have been to give focus to discussion about important issues of governance and societal structures, rather than to provide definitive answers. Professor Herman also compared …

St. Thomas More And His Utopia In Antebellum American Lawyer's Thought, Michael H. Hoeflich

UTOPIA500

The fifth UTOPIA500 presentation was April 7, 2016 about St. Thomas More and his Utopia in Antebellum American Lawyers' Thought. A former dean at Kansas Law and a renowned historian of colonial and pre-Civil War America, Professor Michael H. Hoeflich is also a fellow of the Royal Historical Society. He explored the publication history of More's UTOPIA, and the extent to which editions of the book were available in antebellum America. Professor Hoeflich noted that the novel, as a work of "politics," was well known by the likes of Jefferson, Madison, and John Adams, but its influence thereafter ebbed and …

The Communisitic Inclinations Of Sir Thomas More, David Papke

UTOPIA500

The fourth UTOPIA500 presentation was march 10, 2016. Dr. David R. Papke, Professor of Law at Marquette University Law School, received an official "Me and Tommy More" polo shirt from Dr. Malloy. Dr. Papke then spoke about The Communistic Inclinations of Sir Thomas More. A well-known scholar of legal history and law in popular culture, Dr. Papke noted the affinity that existed between the themes in Utopia and the views of Karl Marx as well as those of leaders of the Bolshevik Revolution. He also explored the problem of competing approaches to literary analysis and criticism - whether to seek …

Legal Personhood In More's Utopia, Andreea Boboc

UTOPIA500

The third UTOPIA500 presentation was Feb. 25, 2016. Dr. Andreea D. Boboc, English professor in the College of the Pacific, received an official "Me and Tommy More" polo shirt from McGeorge's Dean Francis J. Mootz III. She then spoke about Legal Personhood in More's Utopia. A published scholar of medieval English literature, Dr. Boboc explored how the fluidity and multiple jurisdictional levels of law in late medieval England shaped personhood. She had a compelling and provocative interchange with the Law and Literature students.

More’S Utopia And Income Insecurity, Daniel J. Morrissey

UTOPIA500

The second UTOPIA500 presentation was Feb. 11, 2016. Daniel J. Morrissey, Professor of Law and Dean emeritus at Gonzaga University School of Law, received an official "Me and Tommy More" polo shirt from Dr. Malloy at the beginning of the talk. Professor Morrissey then spoke about More's Utopia and Income Inequality. A published scholar of corporate securities law and jurisprudence, Professor Morrissey identified legal, political, and moral issues about social and economic inequality in late medieval England, as reflected in More's Utopia, and discussed the continuing relevance of those issues today. He sparked an animated discussion with the Law and …

Utopia And The Law And Literature Movement, Michael P. Malloy

UTOPIA500

Dr. Malloy kicked off the UTOPIA500 project with a presentation on Jan. 21, 2016. His paper, Utopia and the Law and Literature Movement, marked the quincentennial of the publication of Thomas More's novel Utopia in 1516. Dr. Malloy explored the meaning and implications of the concepts of utopia and dystopia. He argued, with colorful graphic support, that More's novel was a precursor to post-modernist literature, and that in our own time there has been a linguistic transformation of the concept of utopia to contemporary meanings that are often entirely independent of More's novel. Dr. Malloy concluded that More's novel is …