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Full-Text Articles in Legal Profession

A Symposium Precis, Thomas E. Baker Feb 2016

A Symposium Precis, Thomas E. Baker

Thomas E. Baker

No abstract provided.


Slippered Feet Aboard The African Queen, Thomas L. Shaffer Nov 2013

Slippered Feet Aboard The African Queen, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell Jan 2013

Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell

David C Bell

Jurisprudence and statutory interpretation are distained by law school students and in legal circles outside the academic realm, but both are an integral part of the legal process and as such should be included in all law school education in an effort to turn out practice ready lawyers. This paper will look at the different theories of statutory interpretation, breaking down how the individual theories go about interpretation. The different theories to be analyzed include hermeneutics, textualism, purposive interpretation, dynamic interpretation, liberal interpretation, legal process theory, moral theory, and active liberty. Then the paper will analyze parallels between the interpretation …


The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola May 2012

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …


Freedom To Achieve: The Future Of Student-Led Organizations Within The Public School System, Braden W. Johnson Apr 2012

Freedom To Achieve: The Future Of Student-Led Organizations Within The Public School System, Braden W. Johnson

Braden W Johnson

On-campus religious organizations have received special protections according to their First Amendment rights and the Equal Access Act of 1984. As more controversial organizations have been incorporated within the public school system, school administrators have found it increasingly hard to control the effects of these groups. This article argues for a revision to the Equal Access Act which strengthen's a school's ability to place restrictions on the formation of controversial clubs.


The Gentleman From New York: Congressional Discipline In The Light Of Powell V Mccormack, Braden W. Johnson Apr 2012

The Gentleman From New York: Congressional Discipline In The Light Of Powell V Mccormack, Braden W. Johnson

Braden W Johnson

In this article, I examines the seating controversy between Rep. Adam Clayton Powell, Jr. and the House of Representatives, and describe the Supreme Court's protection of Powell's right to be seated. Furthermore, I argue that this precedent influenced the Senate to seat Roland Burris, the embattled Illinois Senator appointed by Gov. Rod Blagojevich, without delay.


Judicial Behavior And Religious Language, Braden W. Johnson Jan 2012

Judicial Behavior And Religious Language, Braden W. Johnson

Braden W Johnson

This study provides qualitative and quantitative evidence supporting the premise that the court of venue where a case is tried (Dependent Variable) strongly affects the number of religious references used by the judges in their published opinion (Independent Variable). The data set is from a content analysis of 15 lower court cases and their 15 corresponding Supreme Cases. I find that the US Supreme Court is far more likely to use religious and moralistic references than any lower court. This evidence is used to support the idea that a significant quantity of lower court judges do not vote solely on …


Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Judith A. McMorrow

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …


Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Daniel R. Coquillette

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …


Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr Oct 2011

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …


El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva Feb 2011

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Constrained By Statute: Why We Have Statutes Of Limitations, Braden W. Johnson Jan 2011

Constrained By Statute: Why We Have Statutes Of Limitations, Braden W. Johnson

Braden W Johnson

The recent, high profile cases of sexual abuse in collegiate athletics have uncovered many alleged evildoers. Some of them, like Syracuse University Assistant Coach Bernie Fine, have escaped prosecution based on statutes of limitations. This article explains more about such statutes.


The Hatch Act And The Political Process, Braden W. Johnson Jan 2011

The Hatch Act And The Political Process, Braden W. Johnson

Braden W Johnson

Jon Greiner, the Chief of the Ogden Police, has been indicted for violating the Hatch Act of 1939. This article provides some insight into the way that this law affects the political process.


Mandatory Minimum Sentences In Utah: Does The Punishment Fit The Crime?, Braden W. Johnson Jan 2011

Mandatory Minimum Sentences In Utah: Does The Punishment Fit The Crime?, Braden W. Johnson

Braden W Johnson

An analysis concerning the effect that Congress' Comprehensive Crime Control Act had on state imposed mandatory minimum sentences, and considering the pros and cons with shifting this judicial responsibility onto the legislature.


The Fox News Effect: Does Polarized News-Media Fill Traditional News Roles?, Braden W. Johnson, Professor Richard Davis Jan 2011

The Fox News Effect: Does Polarized News-Media Fill Traditional News Roles?, Braden W. Johnson, Professor Richard Davis

Braden W Johnson

In this study, I use qualitative and quantitative methods to gauge the effect that consumption of highly polarized news-media (i.e. Glen Beck, Chris Matthews, etc.) has on its consumers. Using PEW survey data, I compare those who frequently consume such media against those who do not, and I find that consumers of polarized media are more likely to score highly on a current events test, and are more likely to be registered to vote, with 95% confidence.


Christians In The American Empire: Faith And Citizenship In The New World Order, Vincent Rougeau Dec 2007

Christians In The American Empire: Faith And Citizenship In The New World Order, Vincent Rougeau

Vincent D. Rougeau

What does it mean to be a Christian citizen of the United States today? This book challenges the argument that the United States is a Christian nation, and that the American founding and the American Constitution can be linked to a Christian understanding of the state and society. Vincent Rougeau argues that the United States has become an economic empire of consumer citizens, led by elites who seek to secure American political and economic dominance around the world. Freedom and democracy for the oppressed are the public themes put forward to justify this dominance, but the driving force behind American …


La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano


Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva May 2007

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Reconciling Evangelization And Dialogue Through Love Of Neighbor, Amelia J. Uelmen Jan 2007

Reconciling Evangelization And Dialogue Through Love Of Neighbor, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.


Religious Lawyering's Second Wave, Amelia J. Uelmen Jan 2006

Religious Lawyering's Second Wave, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.


Isn't That Unconstitutional? Religion And Professional Life, Amelia J. Uelmen Jan 2004

Isn't That Unconstitutional? Religion And Professional Life, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Jan 1958

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.